Ministry to oversee improved treatment of immigration detainees

Social Affairs

Published: 07 Aug. 2023, 19:11 Updated: 07 Aug. 2023, 19:17

Ministry to oversee improved treatment of immigration detainees

A Moroccan detainee at the immigration detention center in Hwaseong, Gyeonggi, is shown in this file photo dated June 2021 to have had his hands and legs tied from behind his back, as a punitive measure following a dispute with the center's officials. The photo was provided by Duroo Association for Public Interest Law. [YONHAP]

The Ministry of Justice said Monday it will oversee the enforcement of recent legal changes to improve the treatment of people held at immigration centers.

An amendment to the enforcement rule of the Immigration Act passed last December went into effect Monday.

The amendment stipulates more humanitarian treatment of detainees at immigration detention centers.

The centers hold foreign nationals prior to their deportation from Korea for certain violations of immigration law, or when there is reason to believe he or she may evade authorities before their departure.

Human rights organizations, including the National Human Rights Commission of Korea, as well as foreign governments, have protested what they allege to be the inhumane treatment of some detainees.

The U.S. government, for instance, in its annual human rights report in 2021, mentioned the case of a Moroccan man detained at Hwaseong Immigration Detention Center who had his hands and legs tied up from behind his back. The Ministry of Justice concurred that the detainee’s basic rights were violated.

The amended enforcement rule also stipulates that the justice minister regularly review the treatment of detainees at the immigration detention centers.

The minister will also review whether facilities at detention centers have passed annual safety tests.

A space at the immigration detention center in Hwaseong, Gyeonggi, where foreign nationals facing deportation are held. [KOREAN BAR ASSOCIATION]

The practice of binding the detainee's hands and legs behind their back is also discouraged, unless the center deems the detainee a risk to harm themselves or others or escape.

Previously, officers used the method as a punitive measure against uncooperative detainees.

“The method must not be used for the purpose of inflicting pain on the detainees,” the Justice Ministry said in a statement Monday.

Officers will also need to get prior permission from their superiors before binding a detainee. Officers previously needed only to report they had used it afterward.

It also disbanded the practice of having same-sex officers watch detainees in the shower.

“The amended rule intends to strengthen the protection of human rights at the center, while at the same time ensuring that the center carries out its role effectively,” the ministry said in a statement.

BY ESTHER CHUNG [chung.juhee@joongang.co.kr]