Foreigners in Taiwan: Beneath the Law and Human Rights

  For white-collar professionals like myself, Taiwan is already a very scary place when it comes to matters of Rule of Law, due process, human rights and human dignity when attempting to seek justice as a victim of a crime or defend oneself from false allegations perpetrated by a Taiwanese. For migrant workers such as domestic helpers and assemblers in factories, many in reality treated as "slaves", Taiwan's authorities and the judiciary are even harsher in denying even the most basic of legal and human rights to those accused of wrongdoing or who are merely witnesses detained to aid in an investigation. 
  What has happened in my 4-year legal and human rights nightmare is symptomatic of a much wider and pervasive problem with the treatment of all levels of foreigners who toil in the island's schools as teachers, in various business, academic and social welfare entities, and in the homes and factories throughout Taiwan.
  I'll write more in-depth about this in a later post. For now, here are two illuminating articles on just how Taiwan's authorities and judiciary continually violate the legal and human rights of those working in Taiwan:


Foreigners Being Unfairly Detained, Rights Groups Say

Foreigners Have Human Rights Too

02/09/12 Update: I've started a new blog entitled Giving Up a Life's Worth of Music, Movies and More For My Kids' Future
 

Time For Other Things in Life + Taiwan's High Court

   It's been a month since my previous post. I hadn't started out to take this much time off from blogging, but as the days passed without writing, then a week, and another week, I found it was much-needed time off to focus my attention on some other things and to spend more time enjoying some activities with colleagues, relaxing with some movies and old TV shows in my apartment, and on Oct. 15 celebrating birthday #49 thanks to the thoughtfulness of my colleagues, staff and many friends old and new across the world. It was also a good occasion to reflect a bit on how far I've come since the darkest days of 2007, where I am now, and where I'm going from here on in. 

  Just prior to this month-long hiatus from blogging, I got some not-so-surprising news from the Taiwan High Court about the appeal filed by my friend. As I had expected, the High Court spun some flimsy reasons for rejecting the appeal - the latest effort by Taiwan's judiciary to thwart a foreigner's lawful due process. 

  According to my Taiwanese friend who filed the appeal, these are the central reasons given by the High Court for rejecting the appeal:

1. My friend can't appeal on my behalf because she is not a lawyer (Note: This is contradictory to what the court said to my friend before she filed the appeal. The court and my previous lawyer said the appeal didn't have to be made by a lawyer. My friend COULD file the appeal on my behalf with a Power of Attorney filed by me).
2. My friend can't appeal on my behalf because she is not my spouse or relative (Note: This point was never raised by my former lawyer or the High Court before and...What law in Taiwan says an appeal can only be made by a spouse or relative? How many foreigners in Taiwan have a Taiwanese relative or spouse to file an appeal for them?
3. The person filing the appeal should be knowledgeable about relevant laws and procedures.
4. If I can't appear in court myself, I must have somebody the judge would approve to appear on my behalf. The court rejected my friend as my representative.

    Here is the court's decision:

02/09/12 Update: I've started a new blog entitled Giving Up a Life's Worth of Music, Movies and More For My Kids' Future