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Amnesty International Report 2005 - Taiwan

Covering events from January - December 2004

Human rights reforms made little or no progress during 2004, despite pressure from non-governmental organizations and academics.

Background

President Chen Shui-bian of the Democratic Progressive Party was narrowly re-elected in March. On the day before the elections, he and Vice-President Lu Hsiu-lien were shot at and slightly wounded in an incident which the opposition claimed had been staged. A coalition, led by the former ruling Kuomintang (Nationalist Party), narrowly retained control of the Legislative Yuan in December elections.

Death penalty

The death penalty remained in effect for a range of crimes. Three executions were carried out by civilian authorities, continuing a downward trend.

The government made no move to introduce a moratorium on executions. Proposed amendments to the Criminal Code to restrict the scope of the death penalty did not progress in the Yuan.

A draft law "to counter terror activities" was proposed which, if passed, would introduce a new group of crimes, including attempted crimes, for which the death penalty could be imposed.

• The 10th retrial of Liu Bing-lang, Su Chien-ho and Chuang Lin-hsun, known as the "Hsichih Trio" – was continuing at the end of the year.

• The Council of Grand Justices granted death row inmate Hsu Tzu-chiang another chance to file an extraordinary appeal to the Supreme Court in July. Hsu Tzu-chiang had been sentenced to death in 2000 for kidnapping and murder. One of the two alleged accomplices provided a signed statement retracting his earlier testimony and stating that Hsu Tzu-chiang had not been involved in the crime.

Legislation

In July, the Legal Aid Foundation was established to implement the new Legal Aid Law and improve access to justice for poorer members of society.

Major human rights reforms announced by President Chen in previous years made slow progress. Laws establishing a Human Rights Commission and incorporating international standards into national law had still not been approved by the end of 2004.

In August, the Yuan passed the 3-19 Shooting Truth Investigation Special Commission Act. The Act, passed in response to the shootings of the President and Vice-President in March, established a Commission to conduct an investigation into the incident. There were concerns that the Commission was not subject to any judicial or executive supervision and was authorized to suspend the majority of civil liberties during its investigation. In December, the Council of Grand Justices ruled that parts of the Act were unconstitutional. At the end of the year, the political parties were discussing the implications of this ruling.

Discrimination

Indigenous people were subjected to discrimination in employment in cities. The unemployment rate among indigenous people was 15 per cent – compared to an average of four per cent for the population as a whole – and 48 per cent received less than a third of the average wage.

Women's rights groups continued to press for the establishment of a designated position in the cabinet with responsibility for the protection of women's rights, and for national law to be brought into line with the UN Women's Convention.

Refugees and asylum-seekers

Draft legislation to address the lack of formal asylum procedures, which had been announced in August 2003, made no progress in 2004. People who entered Taiwan illegally, particularly those from China, were often held indefinitely in detention centres.