Human Rights Commission: "Military Correctional Facilities Must Establish Due Process Regulations for Investigating Punishable Acts"

[Asia Economy Reporter Lee Gwan-ju] The National Human Rights Commission of Korea (NHRCK) has determined that detailed procedures reflecting the principle of due process must be established when investigating punishable acts within military correctional facilities.

The NHRCK announced on the 5th that it expressed this opinion to the director of the Military Prison.

The petitioner filed a complaint with the NHRCK, claiming that during the investigation of punishable acts by correctional officers within the Military Prison, they were forced to undergo hospital treatment and their phone usage was unfairly restricted. In response, the NHRCK judged that the respondent’s actions did not constitute human rights violations or that there was no objective evidence to support the petitioner’s claims, and dismissed the complaint.

However, the NHRCK confirmed that, unlike civilian correctional facilities, military prisons have not separately established detailed procedures regarding evidence collection such as on-site filming or recording during investigations of punishable acts, the opportunity to present explanations when drafting statements, or documentation of restrictions on inmate treatment during investigations and punishments.

The NHRCK’s Human Rights Remedy Committee 1 concluded that the principle of due process must be applied to investigations and treatment restrictions in military correctional facilities, and that this should ensure the protection of inmates’ human rights.

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