Ⅰ. Guaranteeing the Fundamental Human Freedoms: 1. Right to Life and Personal Liberty
A Moroccan national was detained at Hwaseong Immigration Detention Center
from March 2021 until early 2022. He required psychological treatment due to
mental and emotional anxieties. He was held in solitary confinement 12 times
between March ~ June 2021, for reasons of disturbance, insubordination and
property damage, etc. Hwaseong Immigration Detention Center also used protective
gears in response to his threatening actions.
On September 29, 2021, media reported CCTV footage showing him in
protective gear and raised the controversy of ‘cruel treatment’ by a government
employee. He was held in a shrimp’s posture, tying his four limbs on his back, and
the media also reported on the NHRCK’s decision on a similar case as the human
rights violation about a year earlier12). The Ministry of Justice distributed an
explanation the following day, claiming that it was unavoidable to secure safety
while responding to his problematic actions.13) The MOJ’s press release included
CCTV footage showing his aggressive tendencies, including his actions prior to
being detained and him destroying the facilities
His representative and human rights groups highly criticized the use of protective
gear by Hwaseong Immigration Detention Center, use of solitary confinement and
the MOJ responses, as ‘Korean Guantanamo Bay,’ ‘torture,’ and ‘inciting xenophobia
.’14) On the other hand, NHRCK decided in October and December 2021 that the
use of ‘shrimp’s posture’ is outside the regulations to violate his human rights and
the procedure of placing a detainee in solitary confinement also needed improvement.
Also, a recommendation was made to the Minister of Justice to take necessary
measures for him to receive psychological treatment in a stable environment, such
as temporary release from the detention center, etc.15)
12) NHRCK, Apr. 29, 2020 Decision No. 19JinJeong0360200
13) MOJ Press Release, Sept. 29, 2021.
14) Press Conference by the Joint Committee on Responding to a Case of Torture at the Immigration Detention
Center (66 Civil Organizations and Groups), Sept. 29, 2021 and Dec. 23, 2021
15) NHRCK, Oct. 8, 2021 Decision No. 21JinJeong0451000･21JinJeong0477800 (Combined); NHRCK, Dec. 3,
2021 Decision No. 21JinJeong0520600
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