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Opinions on Human Rights of Foreign Internees [2004] KRNHRC 5 (1 January 2004)

In the face of constant criticism on the use of excessive force measures or illegal use of
detaining devices at the foreign internment camp, the Ministry of Justice prepared the Bill
on Amendment to the Immigration Control Act. The major revision is establishment of
provisions on treatment of foreigners interned.
Foreigners detained at the Foreign Internment Camp refer to those who are protected by
an internment order issued by the head of the office or branch office or head of the
foreigner internment camp, and not a warrant issued by a judicial officer, in cases where
(1) the internee is not yet found to have violated the Immigration Control Act, (2) the
internee is subject to deportation by administrative punishment, and (3) there is considerable
reason to believe that the internee is a flight risk. On the ground of the legal stature of
internees, basic human rights of foreign internees should be guaranteed to the maximum.
To limit rights of internees requires clear stipulation by law and reasonableness of the law.
However, the bill on amendment restricts basic rights of internees even more than those of
convicts or unconvicted detainees under the Criminal Administration Act.
The Commission expressed opinions that compelling force only by certain means and
searches of the bodies and belongings of foreigners interned should be conducted only
when absolutely necessary, and interviews and written correspondence should be guaranteed to maximum.
Through September 2003, the Commission received 54 petitions relating to suspicious
deaths in the army. However, in most of the cases, military investigation was already under
way or had been terminated, or the time elapsed since the deaths had occurred already
exceeded one year, rendering the petitions void under the Commission Act.
The Commission noted that since 1998, 40% of all army deaths have been attributed to
suicide and that in 2002, the corresponding figure was 50%. As the number of deaths due
to military disciplinary punishments exceeded the number of those due to accidents, and as
the ratio of suicides due to problems inside barracks is rising, suspicions as to the actual
causes of death continue to mount. The Commission sought improvement to the legal
system in order to address the fundamental causes of the petitions.
Suspicious deaths of soldiers are due to lack of fairness and expertise in investigation by
military personnel. When an accidental death occurs, the provisional cause of death and
type of the death should be reported to the chief of staff concerned within 24 hours, and
it should also be reported in writing within seven days. A military investigator in charge of
primary investigation is therefore unduly pressed to reach a conclusion within 12 to 18 hours.
In order to prevent suspicious deaths of soldiers, the provisions on authority of the
commanding officer concerned to direct and supervise a military prosecutor so that the
military prosecutors can be guaranteed practical execution of investigation and command.
The details of investigation should be made known to the bereaved family as much as
possible, and non-military experts should be admitted or allowed to participate in the
examination and autopsy of the dead body in order to ensure objectivity and transparency
of military investigation. Expertise in military investigation personnel should be improved.
The Barracks Death Investigation Guidelines should be supplemented and revised such that
the causes for suicide can be investigated thoroughly, and training on the Guidelines should
be strengthened.
The Commission recommended that the Ministry of National Defense take steps to
improve the system. The Commission also made a recommendation to the speaker of the
National Assembly that a temporary special act be legislated to determine the truth of
suspicious deaths in the army in the past and restore the honor of the families of the deceased.