"Give me Dokshil" Prison Refuses LGBTQ+ Request... Human Rights Commission's Decision

"Request for a Private Room" Denied, Forced to Live in Shared Housing
Human Rights Commission Recommends Designating Separate Counselors, etc.

On the 15th, the National Human Rights Commission of Korea (NHRCK) issued a ruling urging correctional institutions such as prisons to establish related measures, including appointing counselors, so that LGBTQ+ inmates can live stable lives.

Prison authorities imposed five disciplinary actions on Mr. A for requesting solitary confinement

The photo is not directly related to the content of the article. [Image source=Pixabay]

According to the NHRCK's explanation, a friend of Mr. A, an LGBTQ+ individual incarcerated in a prison last September, filed a complaint with the NHRCK alleging that Mr. A was subjected to unfair treatment during his incarceration.

Mr. A, who was admitted to the prison in September 2021, revealed in October of the same year that he was LGBTQ+ and requested the prison authorities to allow him solitary confinement, stating that it was difficult to live with other inmates. However, the prison authorities did not proceed with the related procedures for several months, and Mr. A lived with the general inmates until his sentence was finalized in February of last year.

Subsequently, from February to May of last year, when Mr. A repeatedly refused to enter the facility unless placed in a solitary cell, the prison authorities imposed five disciplinary actions. He was then transferred to another prison approximately 300 km away, with his security classification upgraded from general security level (S3) to medium security level (S4).

The security classification is a four-tier system that categorizes the level of custody and treatment based on 16 criteria, including motive for the crime, sentence length, and recidivism period. S4 is the highest security level, and the closer to S4, the more restrictions there are on visitation and free time.

In response, Mr. A's friend filed a complaint with the NHRCK, arguing that the correctional facility not only failed to improve the treatment of LGBTQ+ inmates but also imposed punitive measures.

The prison authorities explained, "Mr. A did not express any particular intention regarding his sexual orientation at the time of admission," and "despite explaining the facility's circumstances, Mr. A refused to enter, leading to disciplinary actions."

"Demanding proof of being LGBTQ+ and other actions violate the right to pursue happiness"

[Image source=Yonhap News]

However, the NHRCK stated that, according to Article 39, Paragraph 1 of the 'Guidelines on Inmate Management and Custody Duties,' a counselor should have been appointed to decide on solitary confinement. The guidelines stipulate that the head of the correctional facility must appoint a separate counselor for the living conditions of LGBTQ+ inmates and place them in appropriate housing units for solitary confinement.

The NHRCK pointed out that instead of appointing a designated counselor, the prison had four correctional officers counsel Mr. A 11 times over seven months, exposing Mr. A's sexual orientation to multiple officers.

The NHRCK's Second Committee on Remedies for Rights Violations explained, "The prison repeatedly demanded evidence proving the inmate's LGBTQ+ status without providing appropriate treatment and imposed disciplinary measures for the inmate's refusal to enter the facility," adding, "This caused the victim to suffer unbearable physical and mental pain beyond isolated living." It further noted, "This is an act that infringes on the dignity, value, and right to pursue happiness as a human being."

The NHRCK recommended that the prison authorities establish measures to prevent recurrence, including appointing a separate counselor.

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