Home | Databases | WorldLII | Search | Feedback National Human Rights Commission of Korea - Complaint Summaries

Requested Legal Aid Concerning Suicide of a Inmate due to Successive Punishment and Negligence in Supervision [2003] KRNHRC 23 (1 January 2003)

The complainant filed a complaint with the Commission stating that (1) the
harsh conditions of imprisonment, including the refusal of any interviews with
victim, who committed suicide due to successive punishments since he was
transferred to Prison, caused the mental condition of the already mentally
ill inmate to deteriorate further, leading him to commit suicide, and (2) that
the respondents did not prevent the suicide due to negligence in supervision.
After examination, the Commission concluded that the successive
punishments over a ten month period for reasons of use abusive language and
disturbance by the victim, excessive use of handcuffs and ropes, and negligence
in providing a medical examination before and after punishments constituted
cruel acts to the victim with a record of mental illness, and under such
circumstances, the victim attempted suicide, for which reason he was designated
as a problem inmate, after which he attempted suicide at a time when not under
proper supervision by prison officers. The Commission concluded that if such
circumstances led to actual death of the victim, they constitute an infringement
of right to life under Article 10 of the Constitution, as stated in the
subparagraph 1 of Article 30 of National Human Rights Commission Act
relating to performance of duties of detention facilities.

Under Paragraph 2, Article 45 of the National Human Rights Commission
Act, the Commission recommended disciplinary action against prison officers to
the Ministry of Justice, the agency responsible for supervision of prison officers;
under Subparagraph 2 of Paragraph 1, Article 1 of the Commission Act, the
Commission recommended revision of applicable laws to require psychiatric
examination before executing successive punishments; and under Article 47 of
the Commission Act, the Commission requested the Korean Bar Association for
legal aid so that the survivors of the victim could receive appropriate
compensation from the government.