Human Rights Commission Recommends Improvement of Segregated Confinement System in Correctional Facilities... Ministry of Justice Rejects

The National Human Rights Commission of Korea (NHRCK) recommended institutional improvements to prevent indiscriminate segregation of inmates for investigation purposes within correctional facilities, but the Ministry of Justice did not accept this.

On the 7th, the NHRCK stated that the Ministry of Justice responded to the recommendation to reflect necessary matters for investigative detention in specific guidelines by saying, "These matters require individual judgment depending on the case," and thus judged that the recommendation was not accepted.

Complainant A, incarcerated in a prison in the Seoul metropolitan area, filed a complaint with the NHRCK in March 2022, claiming that after reporting assault and sexual harassment within the prison ward, the prison authorities detained him for investigation without grounds for an extended period, violating his physical freedom.

Investigative detention refers to the procedure of segregating an inmate in a separate location before imposing punishment for acts such as disciplinary violations.

At that time, the prison explained that the claims of the alleged perpetrator and A were contradictory, and judged the situation to fall under the "when there is a risk of evidence destruction" clause stipulated in the Execution of Sentences Act, thus placing both parties under investigative detention.

However, the NHRCK judged that the prison and the Ministry of Justice infringed on A’s physical freedom and general freedom of action by continuing the investigative detention of the complainant even after the alleged perpetrator admitted to sexual harassment during the segregation period.

Furthermore, the NHRCK ordered the prison and the Ministry of Justice to improve related systems so that segregation is conducted only when there are reasonable grounds, and to specify the types of behavioral restrictions during the segregation period in detailed guidelines. It also recommended establishing measures to alleviate or offset disadvantages suffered by inmates under investigative detention who are later found innocent.

Regarding this, the Ministry of Justice replied to the recommendation to specify types of behavioral restrictions and necessary matters for segregation during the investigative detention period by stating that "these matters require individual judgment."

The NHRCK commented on the Ministry of Justice’s explanation, saying, "There have been multiple cases where inmates who simply reported being victims were segregated solely because their claims differed from those of the alleged perpetrators," and added, "Since the Ministry of Justice did not accept the recommendation, there is concern that victims may not report incidents due to fear of investigative detention, leading to an expansion of harm."

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