Issue 18. Immigration Detention
A. Improving Immigration Detention Conditions
82. In immigration detention facilities, the possession of mobile phones is prohibited, and
these phones are required to be stored in separately managed lockers upon the admission of
detainees.86 According to the findings of the NHRCK’s on-site investigation, detainees in
immigration detention can use public phones, but their use is considerably inconvenient.87
Detainees can also use computers with internet access, but there is a need to expand facilities
and the hours of usage for their practical use.88 Restricting the use of mobile phones and the
Internet by detainees in immigration detention facilities limits various rights guaranteed by
the Constitution, such as the right to privacy, privacy of correspondence, general freedom of
action, freedom of expression, and the right to pursue happiness. Therefore, it is desirable for
the Government, if necessary, to limit these rights to the minimum extent in accordance with
the relevant laws.
83. Rule 23 (1) of the United Nations Standard Minimum Rules for the Treatment of
Prisoners provides, “every prisoner who is not employed in outdoor work shall have at least
one hour of suitable exercise in the open air daily if the weather permits.” However, in
immigration detention facilities in Korea, outdoor exercise is limited to no more than 30
minutes, five times a week. The NHRCK has recommended an increase in exercise time,
noting that provided outdoor exercise falls short of the above rule.
84. Proposed recommendation: The State party should permit the use of mobile phones in
immigration detention facilities in principle. If deemed necessary to restrict mobile phone
usage, the State party should ensure that detained foreigners can access mobile phones at
specific times and places.89 The State party should also adopt measures to provide practical
access to the internet by detainees in immigration detention in respect for their right to
correspondence with the outside world.90 Furthermore, the State party should guarantee at
least one hour of outdoor exercise time for detained foreigners every day and explore
alternatives to ensure exercise time in situations of infectious disease.91
B. Shortening the Detention for Foreigners and Restricting Child Detention
85. The Government stated that it has established a procedure to more carefully assess the
necessity to extend periods of detention. Nonetheless, over the course of a year from June
2020 to June 2021, the Long-term Immigration Detention Review Committee met only once,
with one person being granted temporary release from detention and four persons being
dismissed.
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