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Investigation and Remedial Measures for Human Rights Violations at Detention Facilities [2003] KRNHRC 6 (1 January 2003)

(1) Recommended Revision of Applicable Guidelines on Excessive Restrictions
on Group Interviews of Inmates under Disciplinary Measures for Violation
of Order
The complainant filed a complaint with the Commission, claiming that the
provisions of Paragraph 3 of Article 6 of the Enforcement Guidelines for
Group Interviews of Inmates, which stipulates that `those inmates who were
punished for violation of an order shall not be selected for group interviews
within one year from the date of termination of punishment,' excessively
restricts the rights of inmates and, therefore, violates the right to pursue
happiness and basic human rights guaranteed by the Article 10 of the
Constitution.

The results of examination by the Commission concluded that the provisions
of Paragraph 3 of Article 6 of the Enforcement Guidelines for Group
Interviews of Inmates,' which stipulates that `those inmates who were punished
for violation of an order shall not be selected for group interviews within one
year from the date of termination of punishment,' does indeed prohibit group
interviews of inmates who have been punished to such an excessive degree that
those provisions are in violation of right to pursue happiness and basic human
rights guaranteed by the Article 10 of the Constitution.
Consultation and Advice on Human Rights and Handling of Complaints Chapter 2
On this ground, the Commission recommended that said passage of the
provisions of Paragraph 3 of Article 6 of the Enforcement Guidelines for
Group Interviews of Inmates be deleted or that the period of restriction be
shortened.