Human Rights Violations Recognized... ‘Saewookkeokgi’ Victim Welcomes New Year While Detained

Human Rights Commission's Temporary Protection Release Recommendation
Protection Center in Name Only, Actually a Prison
Civil Society's Legal Reform Movement

On the 23rd, the "Joint Countermeasure Committee for the Foreigners' Detention Center Torture Incident" held a press conference in front of the Blue House Fountain to condemn the human rights violations committed at Hwaseong Foreigners' Detention Center. [Photo by Gongdae-wi]

[Asia Economy Reporter Lee Gwan-joo] A victim of the so-called ‘shrimp breaking’ abuse at Hwaseong Foreigners Detention Center in Gyeonggi Province was recognized for human rights violations but had to welcome the New Year while still detained. Civil society has called for amendments to the Immigration Control Act, which effectively allows indefinite detention.

Lee Han-jae, a lawyer from the nonprofit organization Duru assisting the abuse victim A, said in a phone interview with Asia Economy on the 31st, "Although the National Human Rights Commission recommended a ‘temporary release from detention,’ A is still detained at the center," and pointed out, "The Ministry of Justice has only stated that they will review and then decide."

A, a Moroccan national, entered Korea in October 2017 to apply for refugee status and was staying as a refugee applicant. After missing the extension of his stay period, he filed a claim for unpaid wages but was subjected to retaliatory reporting by the business, resulting in a deportation order in March this year and detention at Hwaseong Foreigners Detention Center. However, from May to July, he suffered abuse five times, including ‘shrimp breaking’ and solitary confinement.

The Ministry of Justice confirmed these human rights violations on the 1st of last month and promised to prevent recurrence. The Human Rights Commission also recommended on the 13th of this month that the Ministry of Justice take temporary release measures so that A could receive treatment in a stable condition, along with measures to prevent repeated human rights violations at foreigner detention centers. However, A remains detained for more than half a month. The lawyer said, "A is physically and mentally weakened," and "He experiences trauma every time he sees the staff who committed the abuse."

Civil society is demanding the immediate temporary release of A and amendments to the current Immigration Control Act, which allows indefinite detention of foreigners. The ‘Joint Countermeasure Committee for Foreigners Detention Center Torture Cases’ (Gongdaewi), consisting of over 400 organizations and individuals, has been conducting a petition campaign with 10,000 signatures since the 28th, demanding amendments to the Immigration Control Act. The most problematic provision they point to is Article 63, Paragraph 1, which allows foreigners to be detained in protective facilities until they can be deported if deportation is not possible.

Gongdaewi stated, "Although called a ‘detention center,’ it is actually operated in exactly the same way as a prison," and pointed out, "People who apply for refugee status or have circumstances such as unpaid wages that prevent them from returning will inevitably be continuously detained." In 2019, B, an Iranian national, died after being detained in the center for one year. It was reported that B did not receive proper treatment for three months before death.

Several constitutional challenges have been filed against this provision. Since there is no upper limit on detention periods, allowing indefinite detention, it is argued to violate the ‘principle of proportionality.’ Sixty-seven foreigners detained at the center also drafted a statement demanding legal amendments. The lawyer said, "Even recognized refugees and humanitarian stayers acknowledged by the government are detained after deportation orders, and minors are also detained, which is the reality," adding, "Fundamental changes must be made."

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