Detained Inmate's Death Prompts NHRCK Recommendations for Improved Care and Due Process in within Prisons
The National Human Rights Commission recommends that the Minister of Justice and the Warden of Prison OO comply with the principle of due process to ensure inmates’ right to life is not infringed upon and provide urgent preventive counseling for inmates with mental illness.
On January 30, 2024, the National Human Rights Commission recommended that the Minister of Justice and the Warden of Prison OO enhance compliance with the principle of due process during the process of confinement for investigation and improve the care and management of inmates with drug problems or mental illness and the administration of psychotropic medications in the aftermath of the death of an inmate at Prison OO due to a lack of inmate protection measures. Confinement for investigation refers to the practice of detaining an inmate in a separate area to gather and investigate facts regarding an alleged violation of rules by the inmate in a prison.
The complainant, who was in the same cell as the victim, alleged that the victim was unfairly put in confinement for investigation and subsequently committed suicide due to the prison’s negligence in its duty of care to protect the victim. The complainant filed a complaint with the Commission, claiming that the prison guards infringed upon the victim’s human rights as they often addressed the victim rudely and swore at him.
In response, the prison stated that the victim was placed in confinement for investigation because he did not follow the prison guards’ instructions and obstructed their work. For instance, the victim insisted on changing rooms when he was assigned to the same room with an inmate whom he did not get along with. The prison was aware that the victim was a drug offender and had some symptoms of mental illness. The prison also knew that the victim had complained about the way he was put in confinement for investigation. Nonetheless, the prison said it did not consider monitoring the victim through surveillance cameras after he was placed in confinement for investigation because the situation did not warrant such monitoring or designating him as a person of interest.
The Commission found that (i) the prison placed the victim in confinement for investigation even though the victim’s behavior did not constitute a reason for separation confinement under Article 110 Paragraph 1 Subparagraph 2 of the Act on Execution of Sentences and Treatment of Inmates; (ii) the investigation into the victim did not commence until 10 days after his confinement, and this prolonged confinement and other behavioral restrictions limited the victim’s right to personal liberty; and (iii) the prison violated the principle of due process by failing to inform him of the behavior which led to his confinement for investigation and the appeal procedure he could use if he did not agree with the prison’s decision on his confinement. The Commission believes that this process of confinement for investigation might have caused the victim to feel helpless and frustrated.
Furthermore, the Commission found that the prison failed to prevent the victim from committing suicide due to a lack of inmate protection measures and thereby infringed upon the victim’s right to life, considering that (i) the prison did not deem it necessary to monitor him through surveillance cameras even though it imposed behavioral restrictions on the victim due to “his distressed state of mind and potential concerns over harming others” during the process of confinement for investigation, including prohibiting him from watching television, limiting his contact with others, and storing his personal belongings separately due to suicide or self-harm concerns, and (ii) it failed to implement a plan to increase patrols due to a shortage of staff and gave the victim the next day’s prescribed psychotropic medications in advance
In conclusion, the Commission expressed its deepest regret over the victim’s death and recommended that to ensure such an unfortunate incident would not happen again in correctional facilities, (i) the Minister of Justice provide a psychotherapy program for inmates with drug problems or mental illness and comply with the principle of due process during confinement for investigation and (ii) the Warden of Prison OO strengthen protection measures, including urgent preventive counseling for inmates with drug problems or mental illness, and conduct an objective investigation into the provision of psychotropic medications before the victim’s death.
