更新日期:2009/02/20 02:55 林金池、蔡偉祺／北縣報導
淡水有三家漫畫出租店因陳列日本暢銷漫畫《航海王》（又名海賊王），上周三被警方認
定違法，不僅未持搜索票入內搜索，還將女工讀生以現行犯「銬回」法辦，身心受創的女
學生至今忘不了冷冰冰的看守所，嚇得每天以淚洗面、不敢出門。
十一日晚，淡水警分局水碓派出所兩名警員與一名便衣刑警，到轄區水源路三家漫畫出租
店查察，認定店內擺設的《航海王》漫畫屬於暴力與色情書籍，違反刑法第兩百卅五條妨
害風化，將店內女工讀生以現行犯「銬回」派出所，接著通知店老闆到警局製作筆錄。
網友聲討 批違反比例原則
店內女工讀生就這樣被銬上警車帶走，無論業者如何央求：「放了工讀生，有問題找負責
人」，警方依舊不為所動，這些女學生回想事發經過忍不住發抖流淚，忘不了冷冰冰的看
守所，更害怕人生就此留下前科汙點。
警方的大動作引起熱烈討論，不少網友群情激憤、幹譙聲不斷。「有這麼嚴重嗎？《航海
王》電視都有在播耶？」「警察沒事幹嗎？還是店家沒付保護費才會找麻煩？」「將女工
讀生『銬起來』真的太超過了啦？違反比例原則！」「現在是警總時代嗎？警方濫權到無
法無天？」
記者實地走訪，發現水源路三家漫畫出租店被查抄後，已有一家遭警方強迫歇業，另外兩
家雖然生意興隆，但記者表明來意後，店內工讀生不願多談，僅強調非當事人，不方便表
示意見。
警方：開放空間不需搜索票
淡水警分局長艾鵬澄清，警方僅針對店內擺設的色情漫畫查抄，部分查扣漫畫內容充滿「
人獸交」等情節，並非因為《航海王》遭移送。
至於移送女工讀生部分，網路上指稱有三、四名女工讀生被警方帶走，艾鵬強調，警方值
勤時店內僅有一名女工讀生，同仁無奈只好將她帶回製作筆錄，但並未上手銬，直到隔天
移送法院時，才依程序將女工讀生上銬。
淡水警分局行政組長鄭有益強調，漫畫出租店為開放空間，入內查緝色情書刊不需搜索票，這與日前泰山光碟店不同，同仁依法執勤並無不當。?????????
預防「飢寒起盜心」 政府廣設監視器
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「四年五千億元」特別預算案第一年計畫送至立法院，內政部為因應景氣欠佳、失業率攀升，預防有人「飢寒起盜心」，特別編列新台幣十億元進行錄影監視系統整合計畫。 這項名為「加強推動社區安全e化聯防機制」四年計畫，從去年開始實施，內政部為擴大辦理，今年編列特別預算十億元、明年再編列五億元，加上去年度起連續四 年公務預算共五億五百萬元，合計將花費廿億五百萬元，預計在民國一百年完成錄影監視系統整合計畫，目標「提供全國民眾無恐懼感的生活空間」。 計畫預定在全國各治安要點、重要路口等易發生犯罪場所，建置錄影監視系統；目前已完成建置二一六五組、一○一○五個鏡頭，預計到民國一百年完成時，共可完成建置六五九九組、四○八三六個鏡頭。亦即三年後，至少將多出四萬多個監視器分布全國各縣市。 不過，這項廣設監視器的計畫引起在野黨及人權團體的高度疑慮。由於內政部在計畫中強調「錄影監視系統的建置與應用，即是加強監控者的能力，監控力量超越時間與空間之限制，監控無所不在」，民進黨立委黃淑英昨天就質疑：「監控無所不在？台灣豈不是變成警察國家？」 黃淑英說，廣設監視器固然可能增加安全感，但若使用不當，人民的隱私權就不保，更何況，小偷不是常態，到處都裝監視器就像把人民當小偷看待，很不正常，政府無力拚經濟，讓人民難以溫飽，竟只能用這種方式防範有人「飢寒起盜心」，未免太可悲了！ 內政部在這項特別預算案開宗明義提到，行政院長劉兆玄去年十二月卅日行政院治安會報指示：「兩岸大三通後，人貨出入會更加頻繁，加上接下來的幾個月，景氣 會相當嚴峻，所帶來的失業等情況，可能是前所未有的冬天，俗話說『飢寒起盜心』，如何未雨綢繆，先做防範工作，相關單位在平常作為之上，必須再有一個特殊 專案，以因應客觀環境改變的治安情勢。」內政部因而把錄影監視系統整合計畫列入「擴大公共建設」計畫。(社會救助條件緊縮下,大筆錢用來增設監視器,敢問這是振興經濟那門邏輯???) |
February 20, 2009
Revealed: the full extent of Labour's curbs on civil liberties
Audit report highlights 'permanent erosion' of freedoms since 1997
The full extent of state powers to detain people without charge, cover up Government errors, hold the DNA of the innocent and share personal data between public bodies has been revealed in a devastating analysis of the erosion of civil liberties in Britain over the past decade.
Almost 60 new powers contained in more than 25 Acts of Parliament have whittled away at freedoms and broken pledges set out in the Human Rights Act and Magna Carta, according to a new audit of laws introduced since Labour came to power in 1997. The dossier, compiled by the Convention on Modern Liberty, criticises police powers to detain terror suspects for 28 days without charge, new stop-and-search powers handed to police (allowing them to stop people without reason at airports and other designated areas), and restrictions on the right of peaceful protest.
It is the first time such a picture of the erosion of rights under Labour has been published. The rise in surveillance in Britain is also documented, including new laws allowing individuals to be electronically tagged, and the legal interception of letters, emails and phone calls.
Control orders, designed to confine terrorist suspects who have not been found guilty, are also cited. The orders, created under the Prevention of Terrorism Act in 2005, can include the power of house arrest and electronic tagging.
"The right to privacy has been eroded, perhaps permanently, by broad powers to intercept, collect, store and share our private information," the dossier states.
The Coroners and Justice Bill, currently going through Parliament, is accused of seeking to hand the state the power to prevent embarrassing revelations of Government failure becoming public. Coroners are currently able to criticise the Government and any of its agencies that cause a death. But the Bill would hand the state new powers to suspend inquests, or force them into secret. It would also allow Government agencies to share personal data.
David Davis, the Conservative MP who resigned as shadow home secretary and called a by-election to campaign against what he described as the Government's growing attack on British liberties, said the measures cited in the report give hundreds of bodies the power to "snoop, spy and bug" on the public.
"It is a real, serious, systemic problem," Mr Davis said. "I cannot believe it is happening. It's up to us to make sure it is stopped."
Mr Davis said that he did not regret leaving his post as shadow Home Secretary to fight the cause "for a second". "We had to put a check on this process, dribbling away, salami slice by slice," he said. "And if I'd found a cheaper way of doing it, I would have done it more cheaply."
Henry Porter, one of the organisers of the Convention on Modern Liberty, said that there was "little doubt that there is a crisis of liberty in Britain".
"We needed an account to show the legislative programme that swept away many centuries-old rights and transferred so much power from the individual to the state actually existed," he said. "We now have that evidence [and can] oppose what is happening to one of the world's oldest democracies."
A spokesman for the Home Office said that CCTV surveillance and the use of a DNA database were "essential crime-fighting tools".
"The Government has been clear that where surveillance or data collection will impact on privacy they should only be used where it is necessary and proportionate," he said. "The key is to strike the right balance between privacy, protection and sharing of personal data."
Britain under Labour: The Convention on Modern Liberty's take
"Laws stopping people taking pictures of the police have little to do with tackling crime"
Moazzem Begg, Former Guantanamo Bay detainee
"We are now the most spied-upon country in the developed world"
Nick Clegg, Leader of the Liberal Democrats
"We have lived under one of the most authoritarian ages in living memory"
Shami Chakrabarti, Head of Liberty
"This attack on our freedoms under this government threatens us all"
Dominic Grieve, Shadow Justice Secretary
Brian Eno: The well of freedom is running dry
Nobody bothers about civil liberties until they've gone. As the old country song warns: "You don't miss your water till your well runs dry."
We are letting the well run dry, allowing little bits of our civil freedoms to be chipped away by paranoiac governments who assure us we can trust them – and consistently betray that trust.
We are gradually sacrificing what has taken hundreds of years of civilisation to achieve, which is a condition of some kind of liberty. It may not be evident to everyone yet, but we have lost so much freedom in the past 10 years. When the Government passed its "anti-terror" laws, it reassured those who campaigned against them that they would only ever be used in the most extreme circumstances.
But these are completely vague laws which enable a government to arrest almost anybody for almost everything.
Within a couple of years they had been used to eject an 80-year-old heckler from a Labour Party conference, to arrest a woman for reading out the names of British soldiers killed in Iraq, and to freeze the assets of Icelandic banks in England. This is the problem with vague legislation of this type: it invariably gets called into use whenever anybody does anything that the Government finds embarrassing or the police find inconvenient.
It criminalises the behaviour of concerned citizens and thereby encourages disengagement and apathy. By preventing people from taking part in critiques of governance it increases the gap between rulers and ruled: it is fundamentally anti-democratic.
I worry about initiatives like identity cards and computer databases because they could be a step towards a police state, with completely innocent people being held in custody because of software malfunctions.
It is incredibly sad that these moves towards a police state should have happened under a Labour government. Gordon Brown should think about the serious problems that need to be solved – such as climate change – and direct his government's efforts towards that.
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