Seal for Censoring Letters by Inmates Violates the Right to Privacy (12-24-2002)
The National Rights Commission recommended the Minister of Justice to delete some parts in paragraph 2 of Article 5 under the Guide for Handling Letters of Inmates, and paragraph 2 of Article 250 under the Duty Instruction for Supervision for Unconvicted Prisoners, which stipulate "special seals for censoring letters."
A prison inmate, Jung(38) who was confined in a substitute ward -a detention room in the police station where unconvicted prisoners are confined-filed a complaint against the Minister of Justice claiming that the special seals on letters for censoring violates privacy and personal rights.
Officials from the Ministry of Justice, in every detention house of Korea, according to Article 62 of the Regulations of Criminal Administration Act and Article 250 of the Duty Instruction for Supervision for Unconvicted Prisoners have been censoring and sealing the letters written by inmates before sending them. If an inmate wants to send a letter, he or she has been required under the above articles to receive a specific stamp-like one in the shape of dove, smile mark and clover leaf-on the last page of the letter.
The Ministry of Justice stated that sealing letters is a procedure necessary in order to protect both inmates and the citizens who might receive a letter from an inmate. In addition, officials have claimed that seals for censoring can prevent the destruction of evidence, manipulation of letters and can also guarantee national security, public welfare, and the justifiable right of inmates to communicate with the outside world.
Regarding this complaint, the NHRC concluded that sealing as a sign of censorship can give negative images to the recipients of the letters-even if they don"t know what these seals mean-so sealing letters violates Article 10 (the right to pursue dignity and happiness) and Article 17 (guarantee the privacy and secret ) of the Constitution.
Regarding the argument of the Ministry of Justice-that seals on letters can prevent the destruction of evidences-the NHRC said that the current mail handling process in detention house is effective enough for censorship, because inmates who want to send letters should write down detailed information about the letters on documents related to mailing, for instance: the date of sending, the sender, the receiver, the content of a letter, and the way to send it.
