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Human rights commission rules against keeping incarcerated in restraints in lavatory

July 24, 2023 - 17:15 By Park Ye-eun
The National Human Rights Commission of Korea has ruled that any restraints on those incarcerated should be temporarily removed during meals and while in the lavatory. (Yonhap)

Keeping restraints on prison inmates during meals and while in the lavatory is a violation of their human rights, the National Human Rights Commission of Korea said Monday.

The human rights commission reviewed the issue following a petition filed by an individual incarcerated in a Gyeonggi Province prison, who was put into restraints for several hours after they along with 10 others were involved in an incident to demand improved treatment in February last year.

According to the NHRCK, the individual was shackled via a set of metal handcuffs connected to a chain around their waist for five hours, and the restraints were not removed even when the individual went to the bathroom.

The individual filed a petition saying that his personal rights had been violated, while the prison management responded that they could not arbitrarily remove the restraints in the event of an urgent situation. At the time, the petitioner and other inmates were extremely upset and there was collective unrest, according to the prison officer in charge.

“Bathing, eating, defecation and medical care are fundamental activities for a person to live a life with human dignity. The individual may experience feelings of shame and humiliation while in the process of being watched while defecating in restraints,” the human rights watchdog determined.

Additionally, the commission emphasized that the act of forcing an incarcerated individual to handle defecating without temporary removing such restraints excessively violates their dignity and personal rights as a human being.

The National Human Rights Commission of Korea asked the head of the prison to come up with measures to prevent recurrence of such cases, such as providing job training to staff in charge.