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Recommendation to make a suggestion for suspending execution of sentence for an inmate with AIDS in Jinju Prison [2002] KRNHRC 6 (1 April 2002)

The petitioner was a patient who contracted AIDS and tuberculosis and was
committed in the tuberculosis ward in the prison. Because proper medical
treatment was not given, the petitioner filed a complaint against the prison
demanding to provide him with a proper medical treatment.

Upon receiving the complaint, the Commission found that the petitioner was
a patient suffering from AIDS and tuberculosis; it was probable that the
petitioner might cause chance infection if he was committed continuously in the
detention facility; and an emergency relief was required because he was
suffering from fatal diarrhea, with more than 20 bowel movements a day.

Accordingly, in April 2002 the Commission issued a recommendation to the
head of Jinju Prison to give the petitioner emergency relief by taking action to
transfer the petitioner to an outside hospital for proper treatment, and by
suggesting the relevent Prosecutors' Office suspend the sentence for the
petitioner so that he could have the treatment continuously outside the prison.

Upon receiving the Commission's recommendation of emergency relief, the
prison transferred the petitioner to an outside hospital for medical treatment,
and suggested the Jinju Branch Office of Changwon District Prosecutor's Office
to suspend the sentence for the petitioner.