Human Rights Commission: "Repetitive Human Rights Violations at Foreigners' Detention Centers Must Be Prevented"

Recommendations for Warning Actions for Staff and Director Regarding Hwaseong Foreigners Detention Center 'Saeukkkeokgi' Incident

[Asia Economy Reporter Lee Gwan-joo] The National Human Rights Commission of Korea has recommended institutional improvements to prevent recurrence regarding the incident at Hwaseong Immigration Detention Center where harsh treatment, known as the so-called 'shrimp breaking,' was inflicted on detainees.

On the 16th, the Human Rights Commission announced that it recommended the Minister of Justice issue warnings to the staff and the director involved in the incident and also recommended conducting job training for the staff.

Additionally, the Commission recommended ▲ exercising physical force with maximum restraint and establishing methods to minimize physical pain and infringement of dignity when protective equipment is used exceptionally ▲ improving systems and practices to comply with due process principles such as providing prior opportunities for statements and explanations of reasons during special confinement.

In March, Mr. A, a Moroccan national detained at Hwaseong Immigration Detention Center following a deportation order, filed a complaint with the Human Rights Commission claiming that he was subjected to harsh treatment using the shrimp breaking method while protesting in solitary confinement, that staff used protective equipment improperly, and that repeated special confinement (solitary treatment) violated his human rights.

In response, the Hwaseong Immigration Detention Center stated during the Human Rights Commission’s investigation that "the use of protective equipment was unavoidable to respond to the complainant’s problematic behavior, and there was no human rights violation during the special confinement process."

However, the Human Rights Commission judged that the method of using protective equipment by tying the handcuffs and leg cuffs together was an inhumane use of protective equipment. In particular, the Commission pointed out unusually that "the seriousness of the issue is greater considering that the Human Rights Commission had pointed out problems and recommended corrections for similar cases at Hwaseong Immigration Detention Center just one year ago."

Furthermore, the Commission acknowledged that the special confinement of Mr. A was not excessively long and recognized the necessity of measures to prevent self-harm, harm to others, escape, obstruction of official duties, and disobedience of orders; however, it emphasized the need for sufficient explanation to the detainee, opportunities for statement, and objection procedures.

The Ministry of Justice has conducted a fact-finding investigation into this incident and announced follow-up measures to prevent recurrence. The Human Rights Commission stated, "We will review the Ministry of Justice’s improvement plans to structurally improve immigration detention centers and continue efforts such as recommending legislative amendments to ensure that the Commission’s recommendations contribute substantially to the enhancement of human rights."

This content was produced with the assistance of AI translation services.