The NHRC Finds Prison Officials Drove an Inmate To Commit Suicide
The National Human Rights Commission (NHRC) has requested the Ministry of Justice to take disciplinary action against the then warden of Chungsong II Correctional Institution and the then security officer and has recommended the Ministry to revise the Regulation on Discipline and Punishment of Inmates. Also, the NHRC has requested legal aid from the Korean Bar Association for the complainant.
On May 30, 2002, Mr. Ko, who had been an inmate at Chungsong II Correctional Institution, committed suicide. Ko"s brother filed a complaint at the NHRC. Ko had been arrested in May 2001 for suspicion of violating the Punishment of Violence, etc. Act. Apparently, in May 2001, Ko had complained to his neighbor for listening to a radio too loud, but eventually came to assault the neighbor, and was subsequently arrested. Until this incident, Ko had been receiving psychiatric treatment and because of his illness he was exempt from mandatory military duty. Although Ko"s family had requested the court for continued psychiatric treatment, even submitting medical records, the court denied their request. After Ko was transferred to Chungsong II Correctional Institution on December 17, 2001, where he had stayed until his death, the family members were banned from visiting him because he was receiving disciplinary punishments. After Ko"s death, his brother filed a complaint at the NHRC, claiming prison officials had administered continuous disciplinary punishments to a person with a mental disease and that they had denied him necessary psychiatric treatment. He also accused officials at the institution of neglecting to properly supervise his brother.
Under Article 46 of the Criminal Administration Act, the most severe punishment is close confinement for 2 months. Article 145 of the Enforcement Decree states that an inmate who is receiving disciplinary punishment is prohibited from as follows: meeting visitors, receiving letters and telephone calls, writing, working out, reading, watching television and using items that are privately purchased.
From May 30, 2001 to the day he committed suicide, Ko had received six 2-month close confinement. Ko had been punished so severely because he had refused to enter his cell and had requested to stay alone since his cellmate was snoring too loud. He also had been causing a bit of commotion-once when his cellmate groped his body, and another time when he complained of prison guard"s loud footsteps. Because of these compounded reasons, he received continuous disciplinary punishments for 10 months in a year. Within this period, he was shackled for a total of 79 days-26 days straight in some instances.
Before he was transferred to the Chungsong II Correctional Institution, he was admitted to the Daejeon Correctional Institution. On December 3, 2001, he was diagnosed as someone in need of psychiatric treatment, but while waiting for the treatment, he was transferred to Chungsong II Correctional Institution on December 17, 2001. Two days after the medical examination, on December 19, 2001, the Chungsong II Correctional Institution felt that his condition had improved so he could continue to receive his punishment.
Mr. Song, the head of medical affairs, testified to the NHRC that he never gave his medical opinion that Ko had improved his condition. He added that the examination was a routine one and that he had only checked for any self-inflicted injuries, and his nutritive conditions. According to the Enforcement Decree, an inmate can only receive disciplinary punishment after the medical examiner approves (Article 145); furthermore, an inmate who is receiving disciplinary punishment must get regular check-ups (Article 146); moreover, once an inmate finishes the period of punishment, he must receive a medical exam (Article 148).
However, even though Chungsong II Correctional Institution never gave a medical exam to Ko while in confinement from December 19, 2001 to May 30, 2002 the institution gave disciplinary punishments to him continuously.
The NHRC made a final judgment that Chungsong II Correctional Institution has not only violated Ko"s human rights but also violated the right to life as provided in Article 10 of the Constitution of Korea.
