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Title Regulations for Implementing the External Inspection Team of the Prison and the Detention CenterCH
Date 2022.11.08
Legislative Amended on November 8, 2022

Article 4

   Authorities shall establish independent external inspection teams that consist of three to seven members for a term of two years, which may be renewed twice.  The number of newly appointed members each term may not exceed two thirds of total number of team members.

   Members of external inspection teams shall be selected from experts and scholars in the fields of law,

medicine, public health, psychology, crime prevention and corrections, or human rights.

   The supervisory authority shall set up a candidate database for the selection of members on external inspection teams (referred to as “candidate database” hereunder) in accordance with Paragraph 2, Article 7 of the Prison Act, and Paragraph 2, Article 5 of the Detention Act. The candidate database shall be made public in appropriate manners after receiving the consent of the candidates and shall serve as a reference resource for the selection and appointment of members of authorities’ external inspection teams.

   For the setup of a candidate database, the supervisory authority should seek the recommendations of relevant institutions (organizations), schools, and professional groups, or the recommendations of the authorities themselves, or welcome self-recommendations from experts and scholars.

Article 5

Authorities shall draw up their candidate list for the

external inspection team from the candidate database and

report to the supervisory authority. The appointment

shall be made after the Ministry of Justice grants its

approval. The supervisory authority shall also post the lists of external inspection team members on its website or make the lists public in other appropriate manners.

   The member lists of external inspection teams

submitted by the supervisory authority to the Ministry of

Justice shall not be bound by the candidate lists proposed

by authorities.

   On authorities’ member lists of external inspection teams, the number of members recommended by relevant institutions (organizations), schools, or professional groups, or through self-recommendation must constitute at least half of the team, and each gender shall constitute at least one-third of the team, and members shall be evenly selected from professional fields.

  Members of an external inspection team may not be a team member for more than three authorities.

Article 8

   Civil service personnel at the Ministry of Justice and its affiliated agencies shall not serve as members of external inspection teams during their employment and within three years after departure.

   Employees of the authority, spouses of inmates, or

relatives by blood within 2 degrees of kinship of inmates

shall not serve as members of external inspection teams of

such authority.

   Members on the committee handling complaints or on the parole board of the authorities shall not serve as members of external inspection teams of such authorities.

  Persons with an ongoing contracting, purchase/sale, commissioning/appointment or leasing relationship with any of the authorities or inmates may not serve as members of the external inspection teams of such authorities.


Article 9

   The supervisory authority shall file a report to the Ministry of Justice for approval of dismissal, should a member of an external inspection team resign or have any of the following circumstances after appointment:

1. Where the circumstances specified in the preceding two articles occur;

2. Where the members of external inspection teams violate the obligations of confidentiality stipulated in Article 15 and the violation is deemed sufficiently serious; or

3. Where the members commit other sufficiently

  serious violations that make them inappropriate for  conducting external inspections.

  Members of the external inspection teams having any circumstance under Article 7, Paragraph 1 of Article 8 or Subparagraph 2 or 3 of the preceding paragraph that renders them unsuitable to serve as a team member should be removed from the candidate database.


Article 22

   These Regulations shall take effect as of July 15, 2020.

  The amended articles of these Regulations shall take effect on the date of promulgation.