Let’s say I get arrested. Do I have the right to remain silent? Do I have the right to make a phone call? Do I have the right to an attorney? Is that attorney mandated with acting in my best interests? Is there confidentiality between an attorney and his client? Is there a presumption of innocence? Do I have to prove my innocence, or does the court have to prove my guilt? How long can someone be held without charges?
I’m curious about these things, and while it’s not that surprising that I don’t know the answer, what is surprising to me is that most Taiwanese don’t seem to know the answers, either!
(I haven’t been arrested, but me being a Canadian, and an English teacher to boot, statistically it’s just a matter of time before I start dealing drugs, so this is all good information to know.)
I’m sure the OP already knows of this. I couldn’t find much related to rights whilst under arrest, but there is a little bit.
EDIT: have any of the forumosans who have been arrested in Taiwan remember if they had their rights read to them during arrest? Is that a necessary police procedure?
They did recently cancelled the all-night long interrogations. Human rights, you know. Now, they can’t hold you and question you without lawyer at night…
Back home, we can hold you 6 months without charges, so don’t complain about Taiwan.
In the US and the UK they can hold you indefinitely if they think you’re a terrorist… :loco:
Here you need to go to the cops as foreigner, you have to go to the foreigner police as the local cops won’t even talk to you… Had some trouble with our ex neighbor, but interestingly she could sue me (and my GF) without having to have the least shred of evidence… We had to go and give testimonies at court (I didn’t even get a translator! and no-one spoke English), despite the fact the woman had passed away until it got to that stage. The case was dismissed, but it took six months, during which time I was a suspect of something I hadn’t even done… So yeah, the legal system here leaves a lot to be desired…
You might remind the Canadian Government that as Taiwan was kicked out of the UN the Vienna Convention on Consular relations does not apply. Why is that? Because Canada does not have an Embassy or Consul General in Taiwan, nor does Canada recognize Taiwan.
It does apply. A state does not have to be a member of the U.N. to adhere to an U.N. sponsored International Convention. A convention is not binding law, bur merely a code of practice to which parties submit voluntarily. Also, a country need not have an embassy or consulate in another country for it to apply, merely a ‘Foreign Office’ that performs the same de facto intent and purpose.
In Taiwan, just like in most other countries, rights need to be actively “exercised” to be properly “enjoyed.” Whether a criminal suspect enjoys the full benefit of the rights to which he is entitled under the law usually comes down to whether he has the wits and presence of mind to actually exercise his rights to keep his mouth shut, to immediately retain a lawyer, and to refuse to sign anything until he has thoroughly discussed it with a lawyer and understood all the possible implications of signing it. Don’t let the police or posecutors “interpret” your situation and rights for you. It’s not their job (neither in Taiwan nor in most countries) and one would be a fool to think they will take your side, or to believe them when they tell you everything will be “okay” if you just sign the statement they’ve prepared. This is not to knock the police or prosectuors. It’s just that if you are a criminal suspect they are not – and are not supposed to be – advocates for you. That’s what lawyers are for.
Excellent wisdom! It’s also wise to remember that it’s the judge that makes the final decision whether or not one is innocent or guilty. The police are not in a position to make that assessment, and as such, should not be given much more than the time of day.
The “rights” of one arrested in the ROC should not be confused with the “rights” of one arrested in other countries.
It sounds all well & good to spout about what you’ve seen on TV or read in a novel about ones “rights”, but it does vary from country to country.
Also, there is the matter of how the law approaches the arrested - presumption of innocence until proven guilty vs. presumption of guilt until proven innocent. Big diff there - and it varies from country to country.
An unusual thing I’ve noted here is the LEOs providing a full-face helmet to those doing the ‘perp-walk’…unless its Ah Bian…and well…everyone knows what he looks like already…
I’ve read it somewhere, but I forgot. >.<
