NHRC issues recommendation: Human rights training for warden who violated the Regulation on the Discipline and Punishment of the Incarcerated
The National Human Rights Commission (NHRC) issued a recommendation to Mr. Lee, a warden of Incheon Detention Center (IDC), to receive a special human rights training under the auspices of the NHRC in relation to a complaint filed in January 2003 against Lee by Mr. Choi who received psychological damage from receiving his mail late while incarcerated at IDC.
The details of the complaint are as follows. The petitioner’s wife had sent Choi, incarcerated at IDC, a letter on 28 November 2002; however, the warden in charge of mail delivery withheld delivery on the grounds that Choi was then under investigation for violating IDC rules. Even after the investigation on Choi was completed the following December 2nd, the warden, neglected to have Choi’s mail delivered to him such that Choi did not receive his mail until December 29th, nearly a month after the IDC had received the letter.
A NHRC investigation of related laws revealed that the Ministry of Justice guideline on inmates’ correspondence (25 January 2002 Established Rule Education, volume 570) stipulated in article 11 that “records (proscribed form can be found in part 5 of the appendix) should be kept on those who are 1 restricted from receiving their mail and the mail shall be delivered on the day such restriction is rescinded in accordance with clause 2 (investigation) of article 7 of the Regulation on Discipline and Punishment of the Incarcerated as well as clause 2 (execution of punishment) of article 145 of the Enforcement Decree of the Criminal Administration Act.” Thus, the NHRC found that Warden Lee had violated the Regulation on the Discipline and Punishment of the Incarcerated and issued a recommendation for Lee to receive a special human rights training in accordance with paragraph 1:
clause 1: article 44 of the National Human Rights Commission Act.
