The National Human Rights Commission of Korea recommends that the Minister of Justice reassess the handling of internal affairs by prisoners in detention facilities.
The National Human Rights Commission (NHRCK) recommended on July 24, 2007 that the Minister of Justice prohibit prisoners from performing internal affairs activities, which violates the assigned prisoner’s freedom of conscience. The recommendation calls for a reorganization that will end the practice of ordering prisoners to access other prisoners’ personal information, and that the head of the detention facility educate the staff on proper protection of prisoners’ personal information.
The complainant, a 30-year-old male known as “Yoo,” filed the complaint with the Commission, stating, “While I was serving as a prisoner, performing internal affairs of a detention facility , I was ordered to inspect other prisoners’ mail and access their personal information. This is an infringement of their personal rights.”
Based on its investigation, the Commission discovered that:
1) The complainant, a prisoner performing internal affairs at a detention facility, thought that it was unreasonable to infringe upon other’s privacy by assisting with duties such as letter inspection and private book handling. However, he could not raise the issue without adversely affecting his own situation, since he was ordered to perform said duties by a corrections officer;
2) A corrections officer requested that the complainant read other prisoners’ e-mails, classify and notify the officer of any inappropriate messages, such as criticism of the detention facility. The complainant was also directed to censor e-mails sent to prisoners that had committed crimes related to national security; and
3) When a letter was sent to a prisoner that was already released from the prison or transferred to another detention facility, the complainant was to access the Borami system (IT network of the Correctional Bureau) on the corrections officer's personal computer, which exposed him to information on the recipient’s transfer history, imprisonment/release, family status, criminal history and records of legal proceedings. This was done so that the letter could be forwarded to the new location of the recipient.
The Commission determined that ordering a prisoner at a detention facility to perform internal affairs of this magnitude violated Article 15 of the Inmates Letter Handling Guidelines, and infringed upon basic rights as guaranteed under Article 17 (Secrets and Freedom of Privacy) and Article 19 (Liberty of Conscience) of the Constitution of the Republic of Korea. As a result, the Commission recommended that the Minister of Justice take action to strengthen management and supervision, and establish an institutional structure that will prevent similar infractions in the future.
The National Human Rights Commission of Korea was established in 2001 to promote human rights education and defend those who have experienced discrimination, or have had a right violated, in Korea. The Commission offers counseling, full investigation and protection for citizens, along with educational initiatives for organizations.
