Open-type Toilet in Prison Violates Personal Rights
The National Human Rights Commission of Korea(Chairperson, Hyun Byung-chul) concluded that open-type toilet in detention room in the OO Regional Prosecution is in violation of personal rights guaranteed under Article 10 of the Constitution because the hinged door installed in the toilet cannot block exposure of users body and unpleasant noise or odor. The NHRCK recommended for improvement.
The Complainant who was a criminal suspect, filed a complaint to the NHRCK saying that he felt humiliated while using the toilets in detention centers in OO police station and OO regional prosecutors office because there existed only open-type hinged partition in the toilet which could not prevent part of his body being exposed while he was using the toilet.
According to the investigation of the NHRCK, the toilet in OO regional prosecutors' office only has a 90 cm-long hinged door and it was not sufficient enough to block exposure of body, odor or noise.
The Constitutional Court decided in its ruling on the case to confirm violation of constitution in installing and managing toilet in jail(2000Hunma546) that it is a violation of personal right to focus only on efficiency of monitoring and controlling and thus make detainees use toilet not equipped with adequate shielding system although it is reasonable to install toilet of which inside can be monitored to some extent in prison cell in order to monitor movement of detainees.
The NHRCK, however, rejected the complaint against the OO police station because it confirmed that the police station is under construction and plans to follow relevant rules to install an adequate shielding wall in toilet in detention center.
