National Human Rights Commission of Korea Annual Report 2021
claim that only half of the inmates who got COVID-19 chose to let their families know of
their illness, and the same went for the victim. However, putting the COVID-19 issue aside, it
concluded that it was problematic that the center never reached out to the family during the whole
process in which the inmate’s sentence was suspended and he died in the hospital.
Especially, considering that stay of execution of sentence was promptly recommended and
approval granted the following day, and the fact that the inmate had an underlying condition of
diabetes, it seemed that the detention center was aware of the possibility that the inmate’s health
condition could worsen from complications of COVID-19, in which case actions should have been
taken to fulfill the obligation to notify the guardian or the family about his health condition.
The petitioned organization accepted the Commission’s recommendation.
■ Rights violation at an immigration detention center due to unjustified use
of protective gear
On October 8, the Commission recommended the Minister of Justice to transfer the staff and
guards involved in unlawful use of protective gear to put a detained foreigner in what is called a
shrimp posture and not protecting his right to defense during custody, and to prevent recurrence
in the future by improving associated measures and practices so that the principle of lawful
procedures can be observed (21-jinjeong-0451000 merged with another petition).
Prior to filing of the petitions, CCTV footage showing the petitioner’s behavior and him tied
to protective gear was aired on television several times, drawing much public attention. Thus, the
public’s eyes were turned towards the findings of the Commission.
The Commission found that the case was more serious than it seemed. It concluded that tying
an inmate’s four limbs on the back by connecting the handcuffs with cable ties around the ankle
in what is known as a shrimp posture constitutes inhumane use of protective gear that undermines
human dignity. It was also found that the statutes on use of protective gear only describes how
handcuffs should be used but offers nothing more than precautionary notes when it comes to use
of cable ties, with no provisions on their usage or limits.
The fact that rights violations continue to occur in immigration detention centers is indicative
of a lack of understanding or experiences of the guards or insufficient regulations; it also points
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