2008.11.03
The Commission recommended that the Governor of Correctional Institution A take adequate measures to allow detainees their outdoor exercise regarding the petition which claimed that not allowing detainees in maximum-security section outdoor exercise constitutes a human rights violation.
In February 2008, petitioner A (male, 30 years old) who was detained in Correctional Institution A, filed a complaint to the Commission on the basis that the Governor of Correctional Institution A detained the petitioner to a maximum-security section even though he was not supposed to be sent to the section and that the Governor did not allow him to have outdoor exercise.
Upon the Commission's investigation, it confirmed that Cheongsong 2nd Correctional Institution, which is a maximum-security section, has a yard for 50 detainees to allow them exercise, while Correctional Institution A, the petitionee, allows exercise of detainees in maximum-security section only indoors. (2m×4.8m)
Throughout the investigation, detainees appealed to the Commission and claimed that the indoor grounds were too small and the deprivation from outdoor exercise caused physical pain such as dizziness and indigestion; they wanted occasional outdoor activities.
As indicated in the precedent case of the Constitutional Court, detainees’ outdoor exercise is included in the minimum basic requirements for physical and mental health. Furthermore, Article 21 of the ‘Standard Minimum Rules for the Treatment of Prisoner' and Article 27 of the Criminal Administration Act of the UK, which has developed modern criminal administration, stipulate that "Every prisoner who is not employed in outdoor work shall have at least one hour of suitable exercise in the open air daily if the weather permits." Article 24 of the Criminal Administration Law stipulates that “In accordance with Presidential Decree, the Governor of the Correctional Institution shall allow detainees regularly take necessary exercise and baths to maintain their health” and Article 96 of the Enforcement Ordinance of the Criminal Administration Law also states that the “Governor of the Correctional Institution implements detainees’ outdoor exercise for an hour on a daily basis.”
Thus, even though indoor grounds are established for each detainee, by not allowing their outdoor exercise, the Governor of Correctional Institution A overemphasized detention management instead of ensuring detainees' right to health. This violates the right to pursue happiness as guaranteed in the Article 10 and the right to physical freedom under the Article 12 of the Constitution. Hence, the Commission recommended that the Governor of the Correctional Institution A, petitionee, take proper measures to allow detainees in maximum-security section to have outdoor exercise by providing them with an outdoor yard.
