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AOC Exercised Prudence not Procrastination in the Processing of Former President Chen’s Bail for Medical Treatment Appeal

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  • Last updated：2019-03-20
  • View count：2095
AOC Exercised Prudence not Procrastination in the Processing of Former President Chen’s Bail for Medical Treatment Appeal The AOC’s main concern in evaluating an appeal for bail for medical treatment is the gravity of the appellant’s medical condition; hence, the AOC respects the professional decision of the medical team. However, in determining whether an appeal meets the regulations governing the bail for medical treatment, the AOC still needs to conduct substantial review pursuant to the provisions of Article 58 of the Prison Act and the directives defined in the “Reference Standard for the Assessment of Bail for Medical Treatment Applications” issued by the Ministry of Justice to the AOC (see Attachment 1), and make a final decision at AOC’s sole discretion. Upon completing its initial assessment of the appeal, Taichung Prison dispatched a messenger to deliver all related documents of the bail for medical treatment appeal of Former President Chen, including the report of the augmented medical review committee, compilation of Chen’s medical records, medical examination reports, personal log, command instructions for execution, and official verdict documents to the Agency of Corrections. The AOC received the documents at 5:50 p.m. on December 31, 2014; thereafter, the duty personnel carefully compiled and analyzed documents. They found several image data, daily living observation records, and case data were missing, and immediately advised Taichung Prison to mail the missing documents for completion. All missing documents were submitted for filing on January 2. The completion of the photocopy reproduction, compilation, and analysis procedures also marked the completion of the pre-meeting preparations. The AOC convened a ten-man review committee meeting at 9:00 a.m. on January 5, 2015 to deliberate on the related documents received. A number of calls were made to members of the medical review committee in the course of the meeting for further clarification. Finally, the meeting conclusion confirmed that the following significant deterioration in the health conditions of former President Chen since his previous bail for medical treatment appeal. 1. Simultaneous occurrence of progressive neurodegeneration in different sections of the brain was discovered. The neurodegeneration disease may also lead to the onset of aspiration pneumonia or septicaemia or even increase risk of death or accidental injuries. 2. Sleep apnea syndrome enhances risk of heart failure related death in the early morning hours to 1.87 times that of a normal person. 3. In May 2014, average involuntary urine leakage frequency was 14 times per day; however, in the past month, the average urine leakage frequency exceeded 70 times per day. 4. Suicidal risk of patient could not be eliminated. Close monitoring resulting in the absence of private space may trigger higher senses of paranoia and distrust and foster the development of greater psychological pressure. These factors may lower the patient’s inclination for medical treatment and cause patient to abandon treatment; moreover, factors not only fosters melancholia but also affects progress of the treatment of patient’s physical conditions. The review committee compiled and studied the foregoing medical assessment opinion, related medical records, and daily routine observation records of former President Chen, and thereafter deemed that his condition qualifies him for bail for medical treatment under Paragraph 5 of the Reference Standard for the Assessment of Bail for Medical Treatment of the AOC; that is, medical symptoms are complicated and difficult to stabilize; moreover symptoms subject patient to risk of death at any given time. Thus, the committee grants former President Chen bail for medical treatment for a period of one month. The committee exercised extreme caution in the process of its deliberation. Moreover, the augmented medical review committee recommended that in the period of his bail former President Chen shall be under the care of a medical team selected by prison authorities. Unfortunately, no legal regulation has made provisions for such, no law could be cited for grounds; hence, former President Chen’s medical treatment in the period of his bail shall be the full responsibility and expense of his family. Furthermore, they shall be obliged to provide the related medical treatment records to the review of the visiting representative designated by the prison authorities. The AOC sent an electronic document informing Taichung Prison and the Taichung District Prosecutor’s Office of the resolution immediately after finalizing the meeting minutes; a copy of the document was furnished to the Taipei District Prosecutor’s Office for information. Subsequently, the public prosecutor of the Taichung District Prosecutor’s Office processed the bail matters. After Chen’s family completed the bail processing matters, the Taichung District Prosecutor’s Office issued the bail approval document and forwarded the document to Taichung Prison. Thereafter, Taichung Prison issued the Essential Rules Governing Matters for Observation during the Bail for Medical Treatment Procedures (Attachment 2) as regulated and completed the release matters. In light of the complexity of the procedures involved, the AOC initially estimated that with all proceedings going smoothly, processing of related matters would be finished today; hence, a tentative review meeting schedule has been set for 9:00 a.m. this (5th) morning. The AOC had never previously indicated the possibility that former President Chen may be able to welcome the New Year at home. Although the special courier dispatch of Taichung Prison was delayed in congested Expressway traffic, the delay merely increased the holiday work hours of AOC staff attending to the data compiling work; it made no dent on the review schedule of the AOC. It is hereby clarified that allegations claiming the AOC had intentionally delayed processing and refused to work overtime had been untrue. Attachment 1 Ministry of Justice Agency of Corrections Reference Standard for the Assessment of Bail for Medical Treatment Applications Where an inmate suffers any of the following conditions, the correctional facility may report matter to the Agency of Corrections for the approbation of a bail for medical treatment: 1. Inmate has contracted a disease posing high risk of death, and inmate’s prognosis indicates disease may be a cause of death within the near future. 2. Inmate has serious physical or mental disability such that inmate loses ability to attend to personal needs and cannot receive proper care in the correctional facility. 3. Medical condition progresses to serious conditions and requires long-term hospitalization treatment. 4. Inmate suffers serious physical disability and requires long-term off-prison physical rehabilitation. 5. Medical condition develops complications and is difficult to stabilize, thereby placing inmate in high risk of death at any given time. 6. Inmate contracts an officially recognized contagious disease, and proper medical treatment and quarantine procedure could not be provided within the correctional facility. Attachment 2 Essential Rules Governing Matters for Observation during the Bail for Medical Treatment Procedures 1. Inmate on bail for medical treatment shall maintain good behavior and desist from committing any violations against the law. 2. Upon expiration of the bail period or upon stabilization of the inmate’s medical conditions and inmate has received summons to return to the correctional facility, inmate shall report to the designated correctional facility within the given deadline for continued execution of sentence. 3. Inmate on bail for medical treatment shall desist from leaving or changing his/her designated hospital for treatment. However, upon the medical requirement of his/her conditions, inmate may submit related substantiating documents and request for permission to change hospital designation from his/her correctional facility. Under emergency or urgent circumstances, change may be instituted immediately; however, matter should be reported to the correctional facility within seven days of its institution. 4. Inmate shall desist from committing harmful or intimidating acts against the person or property of his/her victim(s), complainant(s), informant(s), witness(s) or other related parties. 5. Inmate shall present medical records, medical treatment reports, address of residence, and workplace environmental information to a visiting or interviewing correctional facility representative and submit official hospital-issued medical certifications. 6. Inmate shall desist from engaging in any pursuits having no apparent relevance to his/her medical treatment, except for his/her daily needs and occupational requirements. 7. Inmate shall observe all other matters required by the correctional facility.

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