January 19 - The NHRCK has recommended that the Director of the Seoul Immigration Office end the month long detention of 60 year-old Chinese man and the deportation order be revoked.
The complainant, a 60-year old Chinese migrant worker in Hwasung city, Gyeonggi province, has been detained since November 18, 2008 for giving an immigration officer an incoherent answer when asked about his identity.
The Immigration Office presumed that the complainant’s Chinese passport and identification was forged using the wrong birth date which would make the entry visa to Korea subsequently invalid. The office asserted that the detention and following deportation order were lawful given that the complainant had admitted the fact in a written statement.
The investigation by the NHRCK, however, confirmed that his birthday in all administrative documents issued by the Chinese government was identical including the passport, residence registration, and resident identification card. The NHRCK concluded that the detention was solely based on the possibility of the possession of a forged passport and the written statement of the complainant given under the circumstance of being handcuffed and feeling pressured. Therefore, the deportation order was in clear violation of the right to happiness and personal liberty guaranteed under Articles 10 and 12 of the Constitution.
