2008.10.16
Upon the investigation of the petition concerning excessive use of cords for tying up criminals and leaving scars on detainees’ bodies, the Commission recommended that the governor of OO Correctional Institution implement job training on the use of cords and the Minister of Justice amend regulations on the use of tools.
The petitioner, Mr. LEE (male, 44 years old) made an appeal to the Commission on March 5, 2008 on the basis that a special task force officer tied up the petitioner because of his violent act in investigation room and he was injured from continuous tying even though he appealed to the subsection chief.
The Commission confirmed the fact that the subsection chief of the OO Correctional Institution ordered a special task force officer to tie up the petitioner for his violent acts in the investigation room while he was investigated for possession of inappropriate objects on February 19, 2008 and after the Commission's firsthand investigation on April 28; it also confirmed bruising on the petitioner's knees and side.
The ‘Regulations on Using Methods and Standards of Tools’ stipulates that officers should not harm a person's fundamental functions with the use of cords and senior officers should inspect appropriate use of such restraints. However, officers did not inspect the use of cords and damaged the petitioner, and thereby infringed upon his physical freedom which is guaranteed by Article 12 of the Constitution.
Furthermore, a number of petitions have been filed to the Commission claiming that the ‘Regulations on Using Methods and Standards of Tools’ does not regulate the degree or method of using cords and detainees have been injured from improper use.
Due to the amendment of the Criminal Administration Act, it was expected that the use of cords would increase because of the abolishment of the use of chains. Therefore, when using cords, there should be a specific regulation for methods of use and cautions including guaranteeing appropriate space for blood circulation and reporting the use of cords.
Hence, the Commission recommended that the governor of OO Correctional Institution implement job training to prevent harm to detainees when using cords; the Commission also recommended that the Minister of Justice amend Article 5 of the ‘Regulation on the Using Methods and Standards of Tools.’
