Recommendations for Better Treatment of Foreign Inmates at Migrant Shelters and Correctional Institutions
Based on the findings of on-the-spot investigations into shelters for illegal migrants, the National Human Rights Commission of Korea (NHRCK) issues the following recommendations to the Ministry of Justice:
First, the Ministry of Justice should actively use alternative procedures within the bounds of the law instead of the current crack-down and protection (sheltering) approaches toward illegal migrants, such as advising or ordering people to leave the country;
Second, although the protection (sheltering) provided by migrants shelters is meant as an administrative measure without any penal element, it is in fact tantamount to arrest or detention in that it limits one's physical freedom. Arrangements need to be put in place to ensure that rights are not violated, as in criminal and judicial procedures; and
Third, it has been found not only that the basic human rights of foreign inmates are restricted extensively in shelters for migrants, but also that the facilities and treatment do not satisfy the United Nations Standard Minimum Rules for the Treatment of Prisoners. Improvements must be made.
Furthermore, based on its on-site investigations into correctional institutions that house foreigners, the NHRCK recommends as follows:
First, applicable rules should be revised to allow inmate's to, in principle, use their native languages in interviews, regardless of their Korean language ability;
Second, applicable rules should be revised to allow foreign inmates to make as many phone calls as possible since it is highly unlikely that foreign inmates will have any opportunities to receive outside visitors during their incarceration and Guidelines for inmates and grievance consulting should be provided in the languages that foreign inmates can understand. When meals are prepared, their cultural dietary needs should be taken into account. Finally, books in a variety of languages covering the nationality diversity of inmates should be in place.
