Mar 17 • 05:53 UTC 🇰🇷 Korea Hankyoreh (KR)

Prisoner constrained by chains screams... Human Rights Commission advises against abuse of force

The National Human Rights Commission of Korea has issued a recommendation to a prison warden to prevent the misuse of restraining devices in correctional facilities and to ensure that video recording is utilized when force is applied.

The National Human Rights Commission of Korea has identified the abuse of protective equipment in correctional facilities as a violation of personal freedom, recommending that the use of force be documented with video evidence. This recommendation follows a complaint lodged by the relatives of a victim who was allegedly assaulted while restrained with chains and handcuffs, resulting in significant human rights violations leading to severe distress for the individual involved.

Upon investigation, it was revealed that the prison officials maintained that their actions were justified as the prisoner had been non-compliant and disruptive, necessitating the use of restraints. However, the Commission's findings indicated a lack of sufficient audio-visual evidence to support this claim, with CCTV not capturing critical moments, and body-worn camera footage showing that the prisoner was not trying to resist but rather in distress due to the restraints. Additionally, the footage evidenced the physical strain exerted by a guard while tightening the chains on the victim, contradicting the staff's narrative of the events.

As a result, the Commission concluded that the prison's use of restraint equipment did not meet the legal minimum requirements for their application and amounted to a clear violation of the prisoner's physical freedom. Referring to Article 99 of the law concerning the execution of sentences and the treatment of prisoners, which prohibits the misuse of protective equipment, it underscores the need for a stringent adherence to protocol in maintaining the rights and dignity of individuals in correctional institutions.

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