我國提交禁止酷刑公約國家報告書內容與流程之研析

The Research on the National Report Content and Process of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in Taiwan

依據《禁止酷刑公約》第19條規定，政府應於本法施行後一年內提出初次國家報告。鑒於本公約之性質與其他國際人權公約差異甚大，而且所涉及的行政機關相當多，為使未來我國本公約國家報告書內容能夠符合聯合國所規範的統一框架，並能及時、完整及有效地履行報告義務，本研究透過文獻探討、深度訪談以及焦點團體座談等多元資料蒐集方法，歸結相關研究發現，提供本公約各相關撰寫機關參考。本研究結論包括：一、就禁止酷刑公約各條款涉及之層面，除逐條評析各撰寫機關應提交之報告內容與實務現況，並提出建議。二、研擬本公約初次國家報告書撰寫及國際審查之時程與流程；三、分析本公約初次國家報告書撰寫及品質之影響因素，供主辦機關參考。最後，未來我國提交禁止酷刑公約國家報告書內容與流程，研究者提出以下建議：一、由行政院或內政部長官分別擔任本公約國家報告書各工作小組召集人；二、成立內政部專辦本公約單位並配置充足人力及資源；三、廣邀民間團體及專家學者參與對話；四、建立各撰寫機關專責窗口；五、儘速規劃本公約教育訓練並加強溝通；六、宜進一步研析不人道及有辱人格尊嚴之行為態樣。

According the article 19 of the CAT, the States Parties shall submit reports within one year after the entry into force of the Convention. Due to the fact that the articles of the CAT have differences from other human rights conventions and cover the accountabilities of many government agencies, it is necessary to outline in advance the whole structure of the Initial National Report of the CAT in order to make the report to meet the requested framework regulated by the United Nations. As for the scope and methods of the research, in addition to collecting both domestic and foreign research documents and data. Besides, we also proceeded the interview with the concerned government agencies and a focus group discussion consisting of some experts and public officials, by which we expect to achieve the purpose of the research and make the final conclusions and suggestions effectively and efficiently. The achievements of the research include as follows: 1. To analyze the contents of the CAT by articles and provide the government agencies with guidelines of writing the report, based on the three main perspectives of prevention (art.1,2,10,15 and 16), implementation(art.3-9) and supervision(art.11-14); 2. To establish the timetable and procedures of writing the Initial National Report and holding the International Review Meeting; 3. To analyze the influencing factors that can affect the quality of the Initial National Report. Considering that most of government agencies are involved in the writing work of the Initial National Report, in order to make the writing and reviewing procedures move forward more effectively and efficiently, the research findings and suggestions are concluded as follows: 1. To designate a senior director from Executive Yuan or MOI to lead the Initial National Report task force; 2. To set up a unit for the initial report and deploy a sufficient human resource and other resource for that unit; 3. To invite NGO, experts and scholars to join the discussion; 4. To establish the contact persons of the government authorities related to the CAT; 5. To set up the training seminars and enhance the direct communication with the officers of each government agencies related to the CAT as soon as possible; 6. To analyze and clarify the types of inhuman or degrading treatment or punishment. Of course, due to the research time limits, there are some limitations existing in this research per se which include five points as follows: 1. Most interviewees of government authorities related to the CAT are not familiar with the CAT so that the collected data is limited. 2. Opinions and viewpoints from NGOs are not included in this research. 3. The research has some inadequacy in the data collected by the interview with the government authorities related to the CAT. 4. The Judgment analysis for cases related to the CAT is not used in the research.