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Recommended Abolishment of System for Joint Liability among Inmates [2004] KRNHRC 20 (1 January 2004)

A complaint was filed with the Commission asserting that when one inmate of a room
for many inmates was under investigation and punished for violation of rules, it was
wrongful to prohibit other inmates not involved with the case from watching TV and using
an electric fan in the living room on charges of joint liability.

The Commission found that OO Prison had established its own rules on watching TV
and using electric fans: when an inmate violates rules, other inmates in the same room are
to be prohibited from watching TV and using an electric fan for three to ten days.
The Commission concluded that the prohibition on watching TV and using an electric
fan of inmates for the reason that another inmate had violated rules was in violation of the
right to pursue happiness under Article 10 of the Constitution and the principle of
individual accountability.

The Commission recommended that the restriction on inmates on watching TV be
revised and that measures restricting the use of an electric fan be abolished to protect the
interests of inmates who are not directly responsible for rule violations. The Ministry of
Justice ordered the prison in question and all other detention facilities to discontinue the
practice of restricting Television use and electric use on charges of joint liability.