Questions
67.
Please clarify your position on strengthening legal safeguards for
patients in mental medical institutions to prevent arbitrary seclusion and
restraint, verbal abuse, assault and cruel act during the seclusion and restraint
process.
Issue 7: Guarantee of Due Review Process for North Korean Refugees
Status
68.
The Committee and the UNHRC expressed their concerns that “the
person escaping the Democratic People’s Republic of Korea may be lawfully
detained in solitary confinement for up to six month without right to legal
counsel and they may be deported to third countries without rights to an
independent review if it is determined that they do not qualify for protection”
in the concluding observation on the third to fifth periodic reports of Korea
(Committee against Torture, 2017) and the concluding observations on the
fourth periodic reports of Korea (UNHRC, 2015).
according to the instruction of a psychiatrist for the purpose of medical treatment for the
purpose of medical treatment or care.
② Even when the head of a mental medical institution or mental health sanatorium imposes a
physical restraint under paragraph (1) upon a hospitalized or admitted person according to the
instruction of a psychiatrist for the purpose of medical treatment or care by isolating or tying
down the person, he/she may impose the physical restraint, only where he/she concludes that
the person is highly likely to harm him/herself or a third person and that it is clearly
impracticable to avoid such danger by imposing the physical restraint. In such cases, isolation
shall be limited to the inside of the relevant facilities.
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