The National Human Rights Commission of Korea(Chairperson Hyun Byung-chul) concluded that excessive use of handcuffs by prison officer which caused hand injury of prisoners violated personal freedom of prisoners.
The NHRCK advised head of the prison concerned to give warning to the prison officers concerned and to conduct education on them so as to ensure conservative use of protective equipment in order to avoid imposing unnecessary physical pain or undermining basic physical function.
Mr. Kang, the complainant, filed a complaint to the NHRCK in June 2014, which states that prison officers violated his personal freedom by excessively handcuffing him from around 2:15 pm, June 10, to 2:50 pm, June 13. He added prison officers tightly handcuffed him too much that even blocked blood circulation in his hand which caused severe injury.
The prison concerned claimed that prison officers use protective equipment including handcuffs pursuant to related rules on the complainant who was being physically and verbally violent on prison guards, and did not violate human rights of the complainant during the process of using protective facilities.
During the investigation, the NHRCK checked medical record and it states as follows: on 10 June 2014, the complainant asked to be diagnosed by a doctor from outside the prison for injury caused by use of handcuff, the hands of complaint became swollen with dot hemorrhage; on 11 June 2014, edema in both hands; and on 13 June 104, pain in wrist.
In addition, the video footage(filmed on 11 and 12 of June, 2014) that the prison submitted showed that the complainant's hand were swollen and dark red. In addition, the public defender who witnessed complainant hands on 11 June 2014 stated that he remembers the complainant's hands were swollen and red.
Article 99.1 of the Administration and Treatment of Correctional Institution Inmates Act prescribes that "Each correctional officer should use protective equipment within minimum necessary extent and stop using protective equipment without delay upon termination of relevant reason and Article 99.2 states that "No protective equipment shall be used as means of disciplinary action." As such, the Act specifies minimum use of protective equipment on inmates and check on usages of such equipment and health condition of inmates.
The NHRCK concluded that even though the use of protective equipment itself on the complainant who was being violent was legitimate, usage of protective equipment shall be done within minimum extent, and shall not cause unnecessary physical pain.
The NHRCK concluded that the prison officers excessively use handcuff which caused injury to the complainant, and they violated personal freedom of complainant guaranteed under Article 12. of the Constitution.
