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Recommendation on Urgent Relief Measures [2003] KRNHRC 15 (1 January 2003)

(1) Urgent Relief Measures for Unrestrained Investigation of Seriously Disabled Suspect, Physically Handicapped Class 1
The victim was a person with severe disability (Class 1). As such, the
investigation of the victim could be done in an unrestrained condition. As the
victim could hardly even urinate or defecate by him/herself, it is wrongful to
house the victim in detention facilities without convenience facilities for the
seriously disabled. Accordingly, a complaint asking for unrestrained
investigation was filed with the Commission.
After investigation, the Commission found that
(1) despite the fact that the investigation of the victim could be done
in unrestrained condition, restraints were used on the victim's body during investigation,
(2) because the victim can hardly urinate or defecate by him/herself, it is wrongful
to house the victim in detention facilities without convenience facilities for the seriously
disabled, that
(3) if the victim continues to be detained in the detention center, he/she will
hardly be able to maintain basic dignity as a human being, and that
(4) such environment will cause his/her health to be deteriorate irrevocably.
All told, the rights of the victim to dignity and to pursue happiness are guaranteed by Article
10 of the Constitution, as stated in Paragraph 1, Article 30 of National Human
Rights Commission Act.
The Commission recommended urgent relief measures to investigate the
victim with disability in an unrestrained condition under Article 48 of the
National Human Rights Commission Act.