The Commission recommended that the Minister of Justice immediately establish isolation and protection rooms in all correctional institutions. In March 2008, petitioner S (male, 28 years old) who was detained in Correctional Institution A, made an appeal to the Commission on the basis that he was moved to a physical fitness room (billiard room) by an officer for making troubles at night and, thus, that he was wrongfully treated.
Correctional Institution A claimed that the petitioner engaged in physical violence against other inmates and that the officer had to move him to a physical fitness room as other detainees claimed that they were interrupted their sleep because of the petitioner's noise in the process of inquiries. The officer moved him to the room at 23:30 pm and made him sleep on the sofa until 8:30 am the next day, for 9 hours.
Article 95 and 96 of the Administration and Treatment of Correctional Institution Inmates Act, effective from December 22, 2008, requires that each correctional institution establish special protection rooms. Correctional Institution A did not detain the petitioner in the appropriate investigation room or protection room but in the physical fitness room and forcibly detained him in the room. Thus, the institution’s actions infringed upon human dignity as guaranteed in Article 10 of the Constitution. Hence, the Commission recommended that the Minister of Justice take measures to prevent the recurrence of similar cases and immediately establish protection room in all detention centers.
