NHRC Recommends the Ministry of Justice to Permit Jehovah"s Witness Inmates to hold Religious Gatherings (10-17-2002)
On the 17 October, the National Human Rights Commission (NHRC), in regards to the petition filed by Ji-woon Yang against the Minister of Justice for prohibiting a religious gathering of Jehovah"s witness inmates within the prison system, recommended to the Minster of Justice to allow the believers to convene and worship within the prison cells.
The petitioner filed a complaint to the NHRC, arguing that whereas Christians, Catholics, and Buddhists inmates are guaranteed their right of equality and freedom of religion (Articles 11.1 and 20.1 of the Constitution of Korea) Jehovah"s Witness inmates are deprived of those rights.
The Ministry of Justice in turn argued that, "the persons [Jehovah"s Witnesses] are in prison because they refused enlistment as matters of their belief, and the Ministry cannot allow them to gather and worship, for they have been locked in the cells due to their beliefs in the first place." Furthermore the Ministry argued that, "Christians, Catholics, and Buddhists constitute a majority of believers within prisons, and if we were to allow for every religion to be worshipped, the prisons will be devoid of any space for worship."
However, the NHRC has argued that, "the reason individuals are allowed to worship within prison-regardless of one"s belief-is because it may relieve the pain of the inmates, and because it may also help the individuals to successfully return to the society. However, in regards to those individuals who are blocked from practicing their religions, they are not given the same opportunity to ease their sufferings and to return to the society with success."
Furthermore, the NHRC has argued that, "all inmates are in prison because they breached a law, and in this regard the believers of the Jehovah"s Witness faith are no different. Thus, to block the believers of the Jehovah"s Witness from worshipping their faith constitutes an act of discrimination based on religion.
The decision of the NHRC was based on Article 44 (Recommendation of Remedies) of the National Human Rights Commission Act, and the NHRC argues that the freedom of religion must be guaranteed under any circumstances, which is directly related to the protection of the basic rights as guaranteed in the Constitution of Korea.
