Violence and Cruelty in the Process of Detaining Migrant Workers Should Be Eliminated
NHRC issues charges against an immigration officer at Busan Immigration Office who assaulted a migrant worker
Plans to initiate a crackdown of illegal workers, research the condition of protection facilities
The National Human Rights Commission (Chairman CHO Young Hwang) has investigated a petition filed in January 2005 regarding violence against migrant workers and confirmed their human rights had been violated. The petitions included claims that: (1) an Uzbekistani migrant worker Abdullah Ham had been assaulted by a worker at the migration office while in handcuffs, resulting in a fractured rib, (2) Korean-Chinese YANG, Gyun Bi had been assaulted and electrically shocked, (3) overcrowding in Yeosu Immigration office？ migrant worker detention facility violates human rights.
1. Regarding violence against the Uzbekistani worker (petitioned in January 2005)
1. The NHRC charged officer Park with assault to the prosecutor？ office.
2. Recommended the chief of Busan Immigration office to take disciplinary action against Seong, the government officer in charge and to establish and enforce countermeasures to prevent similar events from happening such as banning the use of handcuffs by public officers.
3. Recommended the Ministry of Justice to issue a warning in writing to the former investigation chief of Busan immigration office (currently chief of the Busan Immigration office Ulsan Branch) and the current chief of Busan Immigration office.
2. Regarding violence against Yang, Gyun Bi (January 2005)
The NHRC recommended the chief of Busan Immigration Office to take disciplinary action against grade 6 government officer Byoun and Kim, who are in charge of management and supervision for the following charges: violating the due legal processes and use of violence when dealing with the petitioner; transporting the injured petitioner by car right after the incident without taking proper medical measures.
3. Regarding the treatment of migrant workers in Yeosu Immigration office (February 2005)
Apart from the above incidents, the NHRC received a petition by WON Dong Wook, a Korean resident in China in January 2005, and investigated the treatment of migrant workers in Yeosu Immigration office？ protection facility. The Commission found that from February 19, 2005 to March 4, 2005 the facility accommodated on average 15 persons and at the most 18 persons in a room with a capacity of only 10. In addition, although the government building, inaugurated in January 2005, is equipped with indoor and outdoor sports fields, the office did not permit exercise for detainees, on the pretext of a shortage of staff.
The NHRC concluded the above conditions as violating human rights regarding personal liberty and the dignity and worth of the human, and decided to recommend the Chief of Yeosu Immigration Office to take the following measures: (1) prevent overcrowding of protection facilities, (2) according to UN？ Standard Minimum Rules for the Treatment of Prisoners and foreigner protection rules, open indoor and outdoor exercise facilities so that the persons under protection can exercise once a day, (3) female detainees should be overseen by female officers.
In order to eliminate frequent human rights violations in the process of dealing with migrant workers on a more fundamental level, the NHRC decided to investigate the problems of current immigration law, which does not provide clear legal basis for forced control of migrant workers, to make necessary improvements.
In addition, the NHRC plans to investigate the following: (1) the current conditions of migrant workers in the face of the current crackdown and deportation, and plans for improvement, (2) the conditions of protection facilities and plans for improvement, (3) rational procedures for objective screening and execution of deportation in terms of international law and comparative law.
