Joint Statement on the Alleged Illegal Abuse and Torture of Inmates by Taipei Prison Management | The Legislative Yuan Should Swiftly Pass the Enforcement Act of the Convention against Torture to Prevent the Recurrence of Prisoner Abuse in Correctional Facilities

On September 13, 2023, the Control Yuan officially released an investigation report, indicating that the management of Taipei Prison was allegedly involved in the illegal abuse and torture of inmates.

Upon reviewing surveillance footage, the Control Yuan discovered that as early as April of this year, an inmate within the line of sight of prison guards was allegedly restrained and beaten by another inmate serving as a "service inmate." During the incident, the guards turned a blind eye and condoned the bullying of the inmate by the service inmate. Meanwhile, other surveillance footage captured a guard kicking an inmate. An anonymous petitioner even stated that they were beaten to the point of temporarily losing breathing and consciousness, vomiting blood, and subsequently having their arms twisted.

On May 8 of this year, the Control Yuan conducted an unannounced on-site inspection of Building Ai-3 at Taipei Prison, discovering that self-defense equipment such as stun guns, defensive sprays, and handcuffs were placed in unlocked drawers with blind spots in surveillance coverage, where they could potentially be accessed by service inmates. Furthermore, there were no issuance records for Building Ai-3. The Control Yuan pointed out that this allowed service inmates the possibility of obtaining such equipment, posing genuine custody and security risks.

Regarding this severe incident of Taipei Prison management allegedly committing illegal abuse and torture against inmates, the Judicial Reform Foundation (JRF) has previously received grievances from inmates stating that guards in housing units such as Building Ai-3 and Building Ping-2 at Taipei Prison condoned service inmates engaging in abusive acts such as beating, arm-twisting, head-striking, using stun guns, and spraying pepper spray against inmates. In response, civil society groups including the Judicial Reform Foundation, the Covenants Watch, the Taiwan Association for Prisoners' Rights, and the Taiwan Association for Human Rights issued the following two joint demands:

1. The prisoner abuse incident at Taipei Prison is not an isolated case; the Ministry of Justice and the Agency of Corrections must take immediate remedial action and tolerate no connivance

This incident is not the first time an inmate has been subjected to abuse. In October 2015, an incident occurred at Taipei Prison where an inmate allegedly died from abuse resulting from the illegal use of restraints and unlawful disciplinary measures. In October 2019, at the Kaohsiung Prison, management personnel similarly colluded with an inmate serving as a service inmate, allegedly torturing an inmate to death.

The resurgence of the prisoner abuse incident at Taipei Prison this year clearly demonstrates that the competent authorities have failed to properly discharge their supervisory and review responsibilities, and highlights that human rights education and training for custody and security personnel have not been effectively implemented or deepened. In this regard, the four-point statement issued by the Ministry of Justice and the Agency of Corrections merely constitutes a belated remedy. We demand that the Ministry of Justice and the Agency of Corrections squarely address the systemic problems within correctional institutions—rather than simply "increasing various surveillance cameras and inspections" or conducting "ceremonial supervisory visits by senior officials"; instead, they must thoroughly understand whether inmates in all correctional facilities are subjected to mistreatment through external, independent mechanisms. This will safeguard the fundamental human rights of inmates and provide law-abiding custody personnel with a sound and safe working environment.

2. The Legislative Yuan should swiftly pass the Enforcement Act of the Convention against Torture to prevent systemic human rights violations in correctional facilities

As stated in the Control Yuan's press release, the alleged illegal abuse and torture by Taipei Prison violates not only the International Covenant on Civil and Political Rights, which has already been domesticated into domestic law, but also the Convention against Torture, which is still awaiting passage by the Legislative Yuan.

The Convention against Torture emphasizes that states shall criminalize torture as a distinct offense to hold perpetrators of human rights violations accountable through criminal penalties. Concurrently, the Convention against Torture establishes much more concrete and rigorous regulations than the current system regarding the investigation and remedy of "torture" and "other cruel, inhuman or degrading treatment or punishment."

The investigation and clarification by the Control Yuan in this instance deserve affirmation. However, looking toward the future improvement and monitoring of human rights treatment in correctional facilities and other high-risk institutions across Taiwan, it is imperative for the Legislative Yuan to swiftly pass the Enforcement Act of the Convention against Torture and construct a more comprehensive system thereupon, including the establishment of a "National Preventive Mechanism" against torture, to prevent systemic human rights violations through mechanisms such as regular and ad-hoc visits.

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Statement Organizations

Judicial Reform Foundation
Covenants Watch
Taiwan Association for Prisoners' Rights
Taiwan Association for Human Rights

Press Contacts

Lü Cheng-yen, Attorney-at-Law, Director of the Department of Legal Policy, Judicial Reform Foundation
Telephone: 02-2523-1178#37
Email: elvin@jrf.org.tw