Human Rights Commission Recommends Measures to Prevent Abuse of Protective Equipment in Prisons
"Use of Force Without Meeting Requirements Must Be Avoided"
The National Human Rights Commission of Korea has recommended that correctional facilities comply with requirements for the use of protective equipment and record video evidence when using force.
The commission announced on March 17 that it had issued a recommendation regarding the use of force against an inmate at a prison on January 13. The recommendation calls for compliance with the requirements for the use of protective equipment and prevention of abuse. In addition, the commission recommended that the warden utilize video equipment to secure evidence during the use of force.
Family members of the inmate, identified as A and B, filed a complaint with the commission in June last year. They claimed that the victim, who was being held in the prison, was assaulted by staff while being chained and handcuffed, resulting in significant mobility difficulties.
The prison explained that the victim had interfered with staff duties by refusing to follow legitimate instructions and shouting loudly, which led to the use of handcuffs while moving him out of the cell. The prison added that, as the inmate remained agitated, he was then transferred to the isolation room using metal restraints.
However, the commission's investigation found that there was no CCTV installed in front of the victim’s cell at the time, and body cameras were not used during the use of force, making it difficult to verify whether the use of force was actually necessary. Furthermore, bodycam footage recorded when protective equipment was put on did not show the victim swearing or shouting, contrary to the prison’s claims.
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The commission concluded that the use of force was carried out without meeting the minimum legal requirements for the use of protective equipment. It also determined that the measures infringed upon the victim's physical liberty.
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