The Asian Human Rights Commission (AHRC) has learned that the Minister of Justice of the Republic of Korea (ROK), Ms. Kang, Kum-sil, has given a guideline to the prison officers to prohibit consecutive solitary confinement in prisons in June 2003 after a inmate who was in solitary confinement at Andong Prison committed suicide in May 2003. The AHRC welcomes Minister Kang’s decision as a progressive move to stop the practice of consecutive solitary confinement that has been customized in Korean prisons for a long time. However, considering that the consecutive enforcement of multiple sentences of imprisonment has been allowed by the obscurity of the current law, amendment of the Penal Administration Law in accordance with international laws and standards would be a fundamental and long-term solution to protect human dignity and rights of inmates.
The ROK government signed and ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) in 1995. However, the practice of consecutive solitary confinement has been in effect for a long time and consecutive enforcement of multiple sentences of segregation is allowed because each disciplinary measure is lawful according to the law.
In result, the custom of consecutive solitary confinement has been producing several serious problems. For the last ten years, annually averages of 8-9 prisoners in solitary confinement have committed suicide and several hundred prisoners have attempted suicide in segregation cell. Also, this heaviest punishment has been frequently imposed for petty violations. For instance, an inmate who committed suicide in Busan Prison got four separate charges because of his misbehavior and each action of misbehavior was given the maximum punishment of two months solitary confinement.
In addition, the arbitrary use of chains and handcuffs is of grave concern. Inmates were frequently handcuffed or chained for several days or even several weeks and it has damaged their mental and physical health as well as dignity irreparably. Also, under the Implementation Decree of Penal Administration Law, inmates of isolation are totally deprived of the right to exercise under sunlight. Once placed in solitary confinement cells, inmates are prohibited from going out for physical exercise, meeting family and friends, reading books or newspapers, writing letters or petitions, or engaging in any activity that would connect them with the outside world. This may lead to extreme cases of indefinite deprivation of sunlight and speech, amounting to slow murder.
In the light of above, the AHRC kindly recommend to the Ministry of Justice to take steps to:
1. Outlaw consecutive solitary confinement and limit the use of solitary confinement in most necessary circumstance: Consecutive solitary confinement must be outlawed. Further the use of solitary confinement may be exercised in most necessary circumstance. In case of multiple sentences of solitary confinement, inmates should be allowed to have some period (ex. one month) between period.
2. Establish concrete and objective guidelines for determining the period of solitary confinement: At present, solitary confinement can be imposed in the ROK for only fixed terms of one-month or two month period. However, the period of solitary confinement can be varied for example three-day, one-week, one-month period. For this, the Ministry of Justice should establish concrete and objective guidelines for determining the period of solitary confinement. In case of minor offence, it is suggested to impose light punishments such as reprimands, restrictions on borrowing or writing privileges, and reduction of work compensation and not solitary confinement.
3. Stop the use of chains and handcuffs as a punishment: The use of inhuman tools of restraint such as chains and straitjacket should be prohibited and stopped in any circumstance. Moreover, the use of handcuffs must be strictly minimized only as a precaution. In addition, legal procedure must be established to bring the prison officers who violate this rule to justice.
4. Allow inmates to engaging in activities that would connect them with the outside world during solitary confinement: It is well established by the Committee against Torture that disciplinary action without any exercise time constitutes a cruel and inhumane punishment strictly prohibited under the Convention against Torture. The Ministry of Justice must review afresh all the prohibitions under solitary confinement, including exercise, having regard to the rights of inmates and to have them reduced to the necessary minimum in light of the nature of disciplinary segregation.
5. Restrict the permissible length of continued solitary confinement and the maximum length to inmates depending upon the health conditions of inmate under solitary confinement: Solitary confinement should be limited by the health conditions of inmates. The law should restrict the permissible length of continued solitary confinement and the maximum length would differ depending upon the health conditions of each and every inmate under solitary confinement.
6. Create an independent working group to examine and monitor prison reform: The Ministry of Justice should create an independent working group to examine and monitor prison reform, with unrestricted access to the prison system and its records, to ensure that the ROK comes into compliance with its international obligations. In particular, the working group should examine all aspects of confinement, and particularly the two-month period of solitary confinement and conditions regulated for segregation, which are a matter for serious concern at present.
7. Educate all law enforcement personnel on the international standards for treatment of inmates: The Ministry of Justice has an obligation to educate all enforcement personnel on the international standards for treatment of inmates and make them fully understand the rights of inmates. Thus, the Ministry of Justice should make continuing and sound efforts on this regard.
Again, the AHRC welcomes Minister Kang’s decision as a first important step to protect dignity and rights of inmates and kindly urge the Ministry of Justice to keep taking its steps and efforts to reform the prison system expediently.
Asian Human Rights Commission – AHRC, Hong Kong
