Gist of Complaint
Violence perpetrated by public service personnel and lack of proper medical attention at an immigration processing center, concealment of the violent acts, etc.
Determination and Judgment by the Commission
The neglect by the head and officers of the 00 Immigration Office of acts of excessive force by public service personnel and use of restraining devices against foreigners under detention, failure to swiftly and accurately report acts of violence against foreigners by public service personnel and to provide adequate medical attention prior to a protest visit by human rights group staff, and an attempt to misrepresent injury to the victim without making an effort to accurately clarify facts regarding the case are acknowledged as dereliction of duty in management and oversight of foreigners under protection and in prevention and remedying of human rights abuses. According to the Commission, the acts by the respondent, etc. violated the victim's human dignity and right to pursue happiness (Article 10 of the Constitution) and personal freedom (Article 12 of the Constitution).
In April 2005, the Commission recommended that the Minister of Justice take actions to prevent recurrence of similar cases, including issuing a written warning against the head of the investigation department of the 00 Immigration Office, reprimanding the employees involved, bringing charges against the public service personnel before the prosecutor-general, and prohibiting the use of handcuffs by public service personnel.
