The Report on Human Rights Situation in the Republic of Korea
The MOJ acknowledged the use of protective gears that was not legally based,
when it released the result of its investigation and means of improvement, in
November 2021, and expressed its intent to improve the regulations on the use of
protective gear and placement in solitary confinement.16) However, the human
rights groups continuously criticized until the end of 2021 for not temporarily
releasing him.17) The World Organization Against Torture (OMCT) also sent a letter
to the Korean government to take measures for damage recovery and a proper
investigation on the government employee.
B) Need to Refine the Immigration Act
The problems of using protective gear and solitary confinement at the immigration
detention centers have been pointed out several times in the past. The use of the
‘shrimp’s posture’ to hold down a person is an inhumane measure, not even having
the minimum respect for a human. Also, placing the detainee in a solitary
confinement by Hwaseong Immigration Detention Center and the explanation
provided to the detainee was too simple and not complete, in light of the legal
requirements. Moreover, the detainee was not given an opportunity to make a
statement. These have been acknowledged by the MOJ after the decision by the
NHRCK, but no other statements have been made thus far.
The existing Immigration Act, Regulation on the Protection of Foreigners and
the Detailed Regulation on the Protection of Foreigners only list the method of
using handcuffs, as related to the use of protective gears, and use of ropes to tie up
detainees are not specifically prescribed, other than precautions. Moreover, the
use of a solitary confinement as a measure against the obstruction of work or
disobedience is punitive in nature. Therefore, it is necessary to provide a full
explanation, opportunity to make a statement and procedure to raise any
16) MOJ Press Release, Nov. 1, 2021.
17) Press Conference by the Joint Committee on Responding to a Case of Torture at the Immigration Detention
Center (66 Civil Organizations and Groups), Dec. 23, 2021.
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