Disciplinary Cell Assessment Case

At the time, the new Prison Act had not yet come into force, and the establishment of disciplinary confinement cells ("violation cells") lacked any legal basis. Moreover, the use of rear handcuffing intensified the pain and humiliation an inmate feels when restraints are applied, and the use of restraints risked exceeding the bounds of necessity. The Judicial Reform Foundation therefore decided to assist with Huang O-fang's grievance case. With the assistance of pro bono lawyers, in September 2019 the Taiwan Chiayi District Court finally ruled, in administrative litigation, that the prison's punishment of Huang and the disposition transferring Huang to a violation cell for evaluation were both unlawful. Chiayi Prison has appealed, and the case is still ongoing.

Since July 15 of this year, the new Prison Act has expressly codified the establishment of violation cells. The JRF has also taken part in formulating the authorized implementing regulations to improve the supporting measures for violation cells; how individual prisons put them into practice will require continued monitoring.

Progress

• 2018-9-25 Filed administrative litigation with the court
• 2019-9-12 Taiwan Chiayi District Court administrative litigation judgment 107-Jian-Zi No. 29: confirmed that the prison's dispositions against the plaintiff — the punishment notice (a reprimand, suspension of one visit, and suspension of outdoor activities for one day) and the transfer to a violation cell for evaluation — were both unlawful
• 2020-7-15 The new Prison Act formally codified the provisions governing violation cells