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National Human Rights Commission of Korea - Complaint Summaries

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Recommended Actions to Prevent Recurrence of Wrongful Use of Detaining Devices [2004] KRNHRC 21 (1 January 2004)

Recommended Actions to Prevent Recurrence of Wrongful Use of Detaining Devices

Mr. Lee interned in OO Prison filed a complaint saying that when he demanded to be
released from detaining devices including leather manacles by kicking at the door of the
living room, the respondent tied up the legs and arms of the complainant behind the back
and left him so restrained for more than one hour, causing him to suffer undue physical
pain.

The Commission concluded that, even though the internee was making noise and
disturbance, use of the detaining devices to tie the lower half of the detainee's body without
recourse to other methods of control was in violation of the right to personal liberty. The
Commission recommended that the respondent who ordered the wrongful use of the
detaining devices be duly warned and that human rights training be given to prison officers
of the complainant so that detaining devices should no be longer used other than for
originally intended purposes.


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