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CY's own-motion investiagtion at Kaohsiung Prison
Prison administrators and inmates serving as “helpers” at Kaohsiung Prison tortured an inmate to death. They were prosecuted for the serious human rights violation of torturing the deceased inhumanely. The two prison administrators were convicted of torture and death by Taiwan Kaohsiung District Court on 24 August 2020, with one sentenced to ten and a half years in prison and the other nine years; the four inmates were given sentences ranging from three years and ten months to seven years.
Control Yuan (CY) Members initiated an own-motion investigation and found that the prison administrators and “helpers” at Kaohsiung Prison kicked and beat the inmate, leaving him seriously injured and without any treatment. This delay in seeking medical treatment led to the inmate’s death. The prison failed to conduct a thorough investigation after the incident as prescribed by duties, missing the prime opportunity for investigation, a failure in management and supervision by relevant officers. The Agency of Corrections, Ministry of Justice, too, failed to take control of the situation in time and is guilty of negligence in its managerial and supervising duties. The CY passed the investigation report proposing corrective measures against the Agency of Correction, Ministry of Justice, and its subordinate Kaohsiung Prison, requesting the Ministry of Justice to supervise its subordinates properly and make improvements.
CY Members pointed out that the inmate showed symptoms of mental illness and had been on medication, yet was placed in the ward for rule breakers for displaying “disobedient behavior.” The prison has long selected “helpers” from among the inmates to assist in management, yet they are often subject to execution bias and even use guard instruments without management orders. The prison administrators in this incident kicked and poured coffee on the inmate for disobedience, ordering “helpers” with no official authority to use guard instruments on the inmate. They tortured him at a surveillance blind spot, resulting in broken ribs and ultimately death from internal bleeding. The Agency of Corrections and its subordinate Kaohsiung Prison are guilty of gross violation and should make corrections.
The correction report points out that Kaohsiung Prison did not conduct a thorough investigation after the incident as prescribed by duties, nor did it truthfully report the incident to the Agency of Corrections, Ministry of Justice. Since the emergency diagnosis of the inmate in question was “asphyxiation on food” with no external injury record, the prison missed the prime opportunity for investigation, a failure in management and supervision by relevant officers. The Agency of Corrections, Ministry of Justice, too, failed to take control of the situation in time and is guilty of negligence in its managerial and supervising duties.
Lastly, the conclusion of the report suggests that the Executive Yuan should supervise consultations between the Ministry of Justice, the Ministry of Health and Welfare, and other relevant agencies to draw up plans for improving prison health care and the protection of inmates’ medical rights.
Source: Control Yuan (CY), Taiwan
