SOUTH KOREA: Fire kills and injures 55 migrant workers in foreigner detention centre

Dear friends,

The Asian Human Rights Commission (AHRC) has received information about the death and injury of 55 migrant workers by a large scale fire that happened in the foreigner detention centre in Yeosu, South Korea on 11 February 2007. It has been reported that the detainees who are migrant workers could not escape the fire since officials from the immigrant office did not unlock the cells because they were afraid the detainees might try to escape. Regrettably, this decision caused a large number of casualties including death due to suffocation. No investigation has been conducted and many of the injured migrant workers have allegedly claimed that they are not receiving proper medical treatment. On the contrary, many of the victims have been forced to leave the country, while others have been transferred to another foreigner detention centre.

CASE DETAILS:

At around 4:00 am on 11 February 2007, a large-scale fire swept through the cell blocks of the foreigner detention centre at the Yeosu Immigration Office in Southern Jeolla Province. There were 55 migrant workers including 42 Chinese, 4 Uzbek, 2 Sri Lankan and 2 Kazakh workers who were detained in a cell that is divided into 7 rooms. The rooms were guarded by heavy steel bars and had mattresses inside each cell that were apparently made with the toxic chemical Urethane. When the fire broke out, neither the alarm system nor the sprinklers worked. Furthermore, despite having mattresses releasing Urethane, the detention centre officers did not unlock the cell door out of fear that the migrant workers would attempt to escape. One of the victims said, “We were agonizing in the cell. Although we shouted out for help, but all the officers turned away.”

It has been reported that 10 migrant workers were killed, 17 were injured and 28 were transferred to Chengju foreigner detention centre with superficial wounds. On 23 February 2007, without any proper medical examination, 17 out of 28 migrant workers in Chengju foreigner detention centre were allegedly forced to leave the country, while another 5 were forced to leave South Korea later.

After the tragedy, the relevant authorities did not immediately inform the victims’ family of the incident and they conducted autopsy examination without notifying the victim’s family. The authorities only informed the families of the injured of the incident several days later. It has also been reported that 3 injured workers in the hospital were handcuffed to their beds for preventing from escaping.

Meanwhile, 6 migrant workers who have been transferred to Chengju foreigner detention centre have not received any medical examination. Among them, 2 female workers are complaining that they are suffering from post-traumatic stress syndrome. However, no action has been taken to help them so far.

The relevant investigation authority, Jeonnam Provincial Police Agency, has not investigated the incident thoroughly. On the contrary, the agency announced that the fire was committed by one of the dead detainees without providing any accurate evidence to support such a claim. This is highly suspicious shows since pointing blame with no evidence often suggests that there may be a cover-up. These actions do not only personify the inhumane treatment of prisoners, but are also criminal. It is inexcusable that instead of offering compensation and remedy, the authorities have forced the victims into other detention facilities or deported them. The AHRC condemns the prison authority’s decision to allow migrant workers to burn to die in a fire rather than save their lives. The AHRC also condemns the authority’s failure to investigate, compensate and provide redress for the victims who survived.

BACKGROUD INFORMATION:

Why migrant workers are in the foreigner detention centre?
It is reported that most of migrant workers arrive in Korea after paying over 10,000 US dollars to a broker who arranges for their employment. They become migrant workers either under the Industrial Trainee System or under the governmental Employment Permit System, which places them at assigned factories or companies and prohibits them from freely moving to other factories. According to the latest research from organization for migrant workers, many of migrant workers are working over 12 hours a day and paid a meagre minimum wage or are often unpaid. Moreover, the research also reported that many migrant workers’ passports are captured by their employers, who control not only their wages but their overall life experience in the country.

Under the Industrial Trainee System or Employment Permit System, the labour contract for migrant workers should be renewed every year otherwise they must return to their country. Even though the Industrial Trainee System was abolished last February, many migrant workers who came to South Korea under this system are still working in South Korea and have the possibility to be undocumented workers. There are only two ways for migrant workers to find employment in Korea. This is by legally working at the assigned factories while being treated inhumane, or working at factories which they decide, as an undocumented migrant worker while choosing to live in fear or even face death.

Under such uncertain circumstances, most migrant workers are experiencing inhumane treatment and human rights violations by their employers. In order to seek more freedom and better working conditions, migrant workers have no choice but to leave their legally assigned job and become undocumented illegal workers who have a high risk to being arrested under the immigration law.

It has been reported that the government has responded to this situation with a brutal crackdown in an attempt to diminish a number of undocumented migrants in Korea. They are freqently injured during the violent raids from the immigration office and some of them died while trying to escape from being arrested. The AHRC also previoulsy reported that several migrant workers committed suicide fearing for the arrest (See further: UP-15-2004, UP-01-2004, UA-73-2003).

The tragic incident at the Yeosu Immigration Office is a typical case to show how dangerous and unsafe conditions are for migrant workers who are exposed in South Korea. These 55 migrant workers are not only victims of a fire but also victims of inhumane labour conditions.

Migrant detention centres, for killing or protecting?
Arbitrary arrest without warrant, assault, verbal violence and handcuffs are basic elements faced by migrant workers who are sent to detention centres. It was reported that they are monitored by CCTV 24 hours a day and can only exercise out of their cell for about 20-30 minutes once a week. The size of the cell and sanitation facilities does not reach the Standard Minimum Rules for the Treatment of Prisoners that was approved by the Economic and Social Council by its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977. Such conditions are also violating basic rights of migrant workers.

In fact, it was reported that a similar fire broke out at the same facility in 2005, but the relevant authorities and officers had not conducted a thorough investigation and nothing has been improved.

SUGGESTED ACTION:

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