Key NHRCK Activities
that he repetitively clapped his hands during a night-time roll call. They 1) put handcuffs in front
(around 21:50), 2) used a head guard (around 21:54), 3) moved the handcuffs behind the back
(around 21:59), 4) and used ankle cuffs (around 22:15). Ankle cuffs are a type of restraint not
permitted under related laws. In addition, the petitionees used the cuffs on the petitioner’s ankles
and connected them with the handcuffs behind the back, keeping the petitioner tied up for about 2
hours and 40 minutes.
The Commission concluded that the petitionees damaged the petitioner’s dignity as a human
being by using restraints on ankles and connecting the handcuffs in the back and the ankle cuffs
without legal basis, and such an act is a violation of the victim’s freedom of action, human dignity
and value.
to affiliated immigration detention facilities to properly train the staff so that restraints are not used
Part 2
Based on the recommendation of the Commission, the Ministry of Justice sent out instructions
in any way beyond what is legally allowed.
Regarding a violation of human rights caused in association with the fast-track review of
refugee applications, the Commission on September 10 recommended the Minister of Justice to
revise the law in a way that audio- and video-recordings become mandatory, refugee applicants are
guaranteed access to and photocopying of recorded materials, the practice of deleting the name of
review officers from hearing reports is corrected, training and evaluation of review personnel are
established, and effective oversight of review officers is developed.
The Ministry of Justice introduced the fast-track review process in November 2014 to deal
with the accumulating backlog of refugee claims and prevent abuse of refugee claims for sojourn
purposes. In September 2015, the ratio of fast-track reviews was raised and more simplified
review procedures were established to further reduce backlogs of refugee claims. Fast-track review
officers were assigned between 40 and 44 claims a month, and should they fail to reach the target,
were made to submit justification. Victims complained that they were not given enough time to
explain why they had applied for refugee status or how they had been persecuted, and felt like
they were not allowed to make their case. Also, even though every victim has a different reason or
situation for claiming refugee status, the same stereotyped reasons like “making money” were used
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Key NHRCK
Activities
■ Human rights violated in the process of refugee claim hearings
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