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Recommendation on Policy to Guarantee Rights to Write of Inmates [2003] KRNHRC 44 (1 July 2003)

Since the Commission was established, a total of 162 complaints regarding the
right to write of inmates in detention facilities had been filed with the
Commission by July 2003, showing that the violation of the right to write occur
frequently. The Commission studied and analyzed such complaints and found
problems as follows:
1. It is impossible for inmates to write complaints/petitions, letters if prison
officers do not permit inmates to write a report on writing first, a preliminary
process of writing.
2. Writing to state problems of a prison, what should be improved or
complaints about prison officers, or writings for the relief of inmate's own rights
are bound to the staff of the prison, in most cases. This right to write of
inmates is compromised by means of conciliation and threats by prison officers.
3. As tools needed for writing are excessively restricted, it is difficult to write
freely.
4. As writing is not permitted during periods of punishment and investigation
on punishment, the right to write is violated. Under the current law, writing
by inmates is subject to permit (Article 33 3 of Criminal Administration Act,
Articles 2 and 3 of the Guidelines for the Operation of Writing of Inmates,
Articles 3 33 of Regulation on Disciplines and Punishment of Inmates, Article
17 of the Rules governing Use of Restraining Devices). Theses laws stipulate
that dispatch of documents written by inmates while the author is detained or
carrying the documents when the author is released should be permitted.
(Article 67 of the Criminal Administration Act). Under such circumstances, the
right to write of inmates is restricted, and it is difficult for inmates to prepare
a petition.

After examining the applicable laws, guidelines, and regulations regarding
writing by inmates and given the reality of life in detention, the Commission
concluded that the right to write of inmates should be guaranteed because it was
the first step for inmates to communicate with outside and because it is a right
by which other rights, such as the right to petition, are guaranteed. In order
for an inmate to object to treatment in detention facilities and to take remedial
actions to ensure rights guaranteed by law, such as the right to an interview with
the prison warden, petition, and make complaints, then the inmate's rights of
accusation, administrative decision, administrative litigation, civil suits, and filing
civil petitions, and to write should be guaranteed. Taking all factors into
consideration, the Writing Permit System stipulated in Article 33 3 of the
current Criminal Administration Act may not comply with the Constitution.
Clause 2, Article 21 of the Constitution states, "Licensing or censorship of
speech and the press, and licensing of assembly and association may not be
recognized."

The Commission made a recommendation to the Minister of Justice that
Article 33 3 of Criminal Administration Act, which states, "an inmate can write
documents or do painting with permission from the prison warden," be revised
so that the Writing Permit System shall be abolished; and provisions concerning
writing by inmates contained in Regulations on Discipline and Punishment of
Inmates, Guidelines for the Operation of Writing of Inmates, and Rules of Roll
Call of the Enforcement Decree of Criminal Administration Act should be
revised to fit the purpose of the Constitution.

The Ministry of Justice fully accepted the recommendation issued by the
Commission. The Ministry ordered all the heads of detention facilities to not
prohibit inmates from writing for relief of their rights such as making
accusations and petitions, and when documents are to be sent to outside,
permits should be made in accordance with applicable laws. The types of
writing tools to be permitted was widened to include all ball pens, mechanical
pencils, transparent pens, marker, and white out that do not pose threats to
security.