Stable accommodation for LGBT prisoners needed
- Recommendation to take measures to prevent recurrence, such as designating a separate counselor.
□ On April 26, 2023, the National Human Rights Commission of Korea (Chairman Song Doo-hwan, hereinafter referred to as the NHRCK) recommended that the Director of ○○ Prison (hereinafter referred to as the 'Respondent') take measures to induce a stable prison life, such as designating separate counselors for LGBT inmates.
□ The complainant filed a complaint with the NHRCK after the victim, an acquaintance of his, was detained at ○○ Prison and requested to be housed alone, saying that it was difficult for him to live together due to his sexual minority, but the respondent did not proceed with procedures related to the treatment of sexual minorities for several months and instead took punitive measures, such as downgrading the level of security treatment, based on the victim's refusal to enter the prison.
□ In response, the respondent stated that the victim did not express any communication regarding his sexual orientation at the time of admission, and that he was punished because he continued to refuse to enter the facility even after the respondent explained the conditions of the facility to him.
□ According to Article 39, paragraph 1, of the Guidelines on Prison Management and Guidance Work, the head of a correctional facility must provide treatment for LGBT prisoners, such as designating a separate counselor and placing them in a suitable wing.
The Second Committee on Remedies for Violations of the NHRCK found that the respondent did not provide appropriate treatment to the victim who complained of the pain of being housed as a sexual minority for several months, but instead repeatedly demanded that he provide proof of his sexual minority, imposed punishment for his refusal to enter the house, and transferred him to a prison more than 300 kilometers away when his security level was lowered due to the accumulated punishment, WHEREAS, these acts of the respondent caused the victim to suffer unbearable physical and mental pain beyond his isolation and violated his right to dignity and worth as a human being and to the pursuit of happiness as stated in Article 10 of the Constitution.
□ The NHRCK recommended to take measures to prevent recurrence, such as designating separate counselors for LGBT prisoners.
