Hello😌 Today, we are introducing the statement that denounces the Ministry of Justice(MOJ)’s attempt to legislate the revision of foreigner protection rules. Although the statement is quite long, there is a summary of it before the statement begins. So, if you don’t have enough time, please read the summary below😃
Summary of the Statement
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Han Dong Hun, a newly-appointed Minister of Justice revealed that he would systematically promote the new establishment of an immigration office on a national long-range plan. At the same time, he made a pre-announcement of the legislation about the partial revision of the foreigner protection rule so that last May 25th’s ‘shrimp posture’ torturing incident would not happen again.
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However, the truth of the revision of the foreigner’s protection rule which upholds the name of human rights protection is, in fact, shocking. The MOJ is trying to newly introduced protective equipment which enables even more severe torture than ‘shrimp posture’ through the rough-and-ready revision of the foreigner’s protection rule. Also, the MOJ is trying to allow the use of protective equipment, which was problematic because it has so far been used without legal grounds.
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On the other hand, the MOJ has done secondary victimization such as suing and accusing the victim of the ‘shrimp posture’ torturing incident after having officially admitted all of the cruel treatment from the ‘shrimp posture’ torturing incident. However, Suwon district public prosecutor’s office decided on the non-indictment of the victim Mr. M, whose human rights have been violated last April 25th. Nevertheless, the MOJ has not even apologized to the victim. Instead, they are bringing a revision plan of the foreigner’s protection rule saying that they would increase torturing equipment that binds one’s legs and arms such as ‘protective equipment for ankle’, ‘protective chair’, ‘protective equipment for head’ in detention centers as a recurrence prevention measure.
4. We are releasing this statement to stop the legislative attempt at the revision of the foreigner’s protection rule. We ask for a lot of attention.
Is the First Ministerial Decree of Han Dong Hun’s Ministry of Justice a decree that introduces torturing equipment?
We denounce the rough-and-ready revision trying to legalize the cruel treatment in detention centers
The Minister of Justice, Han Dong Hun officially announced that he would systematically promote the new establishment of an immigration office on a national long-range plan last May 28th. Is the first step of establishing an immigration office with the consideration of human rights setting the ministerial decree to greatly increase torturing equipment that ties up legs and arms in detention centers?
On May 25th, the Ministry of Justice made a pre-announcement of the legislation about the partial revision of the foreigner protection rule. This is the first follow-up measure after the MOJ’s announcement in November 2021 that they would prevent the abuse of using protective equipment and reinforce the legal process for the foreigners under protection as they have admitted that the Hwasang detention center ‘shrimp posture’ torturing incident, which was disclosed last year, have encroached human rights. The MOJ has revealed the reason for this revision of the foreigner protection rule. The reason is to “reinforce the protection of human rights of the foreigners under protection and secure the life and body of them.” However, if we look at the contents of the pre-announced foreigner protection rule, we cannot help but be shocked. The MOJ is newly introducing protective equipment which enables even more severe torture than ‘shrimp posture’ through the rough-and-ready revision of the foreigner’s protection rule. In addition, the MOJ is trying to legalize the use of protective equipment, which is problematic because it has so far been exploited without legal grounds.
The MOJ is trying to throw the legal ground for using ‘protective equipment for ankle’, which was the act that raised a question at the time of the ‘shrimp posture’ torturing incident because it was ungrounded according to the law then, and take advantage of it. 『UN Standard Minimum Rules for the Treatment of Prisoners』 (Mandela Rules) clarifies that ‘shackles’ should be banned under any circumstances. Also, it has extremely limited the exploitation of equipment that confines ankle on the global scale because it especially reminds of slavery and therefore constitutes a torturous treatment. Also, the National Human Rights Committee of Korea once recommended abolishing ‘insulting protective equipment for ankle’ in the accommodation facilities such as prisons since it goes against the convention through the expression of opinion about full revision of the Criminal Administration Act on June 12th, 2006. Moreover, the idea of presenting ‘arranging the legal ground for conducting shrimp posture torturing legally’ for the first measure to prevent the recurrence of the ‘shrimp posture’ torturing incident is appalling.
Furthermore, the MOJ is attempting to introduce new protective equipment such as ‘protective chair’ ‘protection equipment for head’. ‘Protective chair’ is equipment that binds four limbs and is also a torturing tool that has a high medical risk because it threatens the right to life and the right to health. In May 2020, the prisoner died within 32 hours of being admitted to the Busan Detention Center after a long period of limb restraint. Similarly, ‘protection equipment for head’ is a torturing tool that causes pain and injuries. It is not only likely to disturb one’s breathing but can also give severe pain from pressing one’s face. Moreover, the detention center’s staff even used a combination of illegal equipment such as cable ties and box tape to fasten the protective equipment for head in the ‘shrimp posture’ torturing incident.
On the other hand, the MOJ readily behaved two-facedly by admitting their fault about ‘shrimp posture’ while doing terrible secondary victimization to the victim at the same time. In December last year, right after officially admitting cruel treatment, the Hwaseong detention center sued and accused the victim and the MOJ preemptively spread the press release. With the press release, the MOJ promoted that because Mr. M had habitually damaged the detention center facilities and attacked the staff, they have proceeded with a criminal charge about it. However, Hwasung western part police station has decided to non-sending with the reason of ‘being cleared of suspicion’(non-recognition of crime) on most of the suspicion on March 31st, 2022. Also, Suwon district public prosecutor’s office has recently decided on the non-indictment of the victim Mr. M, whose human rights have been violated, on April 25th. The statement of reasons for non-indictment reveals the reason for the decision saying, “It seems that there were no other ways for the suspect, who was facing a desperate situation where one cannot ask for help from the outside because he was detained in the detention center, to resist the grave human rights violation. Although the suspect’s act of damaging the window, toilet, CCTV camera, etc. in the detention room can be seen as a quite violent act, its nature of crime is less serious compared to the human rights violation that the suspect had experienced. Taken together, such acts of the suspect do not go against the social norms and constitute a justifiable act according to the Article 20 Criminal Act.” Maintenance of order in detention centers, which the MOJ mentions as a reason for introducing a huge amount of protection equipment, cannot be no longer presented as a justification. If the ministry introduces new torturing tools, we are afraid that how many more people detained in the detention center would get hurt and experience trauma from torture, and how much far more serious secondary victimization could be readily done when the detainees resist the torture.
The MOJ is hastily trying to enact the revision of the foreigner protection rule which is obvious to threaten the life and health of the foreigners under protection and cause physical and mental pain with enforcement regulations, not even proper law. Although the National Human Rights Committee of Korea also has delivered the concern about the revision of the foreigner protection rule explained above, the MOJ is trying to enforce processing it. The measures that appeared as a regret of the ‘shrimp posture’ torturing incident’, the base of the revised foreigner protection rule which gives the reason of reinforcing foreigners under protection’s protection of human rights and guaranteeing the security of foreigners under protection’s life and body, should not proceed in the direction of preparing the ground rules for ‘legal tortures’.
We denounce the MOJ’s elaborate and hideous antihuman actions which try to equip the ground for tortures and use it actively while justifying it in the name of protection of human rights in practice. Without the improvement of today’s high-handed, violent immigration administration, we could never realize the invigoration of immigration for foreigners. Minister of MOJ, Han Dong Hun, should look back at the reality where the rule of law is damaged and the legal process is ignored in the first place. Torture is not protection. We demand the MOJ stop the attempt to legislate the revision of the foreigner protection rule right away.
May 31th, 2022
Foreigner Detention Center Torturing Incident Response Joint Action Committee
Organizations included- 장애여성공감, 외국인보호소폐지를위한물결 International Waters31, 소수자난민인권네트워크, 화성외국인보호소방문시민모임 <마중>, 사단법인 두루, 난민인권센터, 이주여성인권포럼, 이주민과 함께, 공익인권법재단 공감, AFI온누리 사회사도직, 한국이주인권센터, 생각나무BB센터, 외국인이주노동운동협의회((사)모두를 위한 이주인권문화센터, 아산이주노동자센터, 부천이주노동복지센터, 인천외국인노동자센터, (사)한국이주민건강협회 희망의친구들, 남양주시외국인복지센터, 성공회파주이주노동자센터 샬롬의집, 포천나눔의집, 서울외국인노동자센터, 아시아인권문화연대, 순천이주민지원센터, 외국인이주노동자인권을위한모임, 의정부EXODUS, (사)함께 하는 공동체, (사)한국이주여성인권센터, 원불교 서울외국인센터, 한삶의집, 이주민센터 동행, 이주노동자평등연대(건강권 실현을 위한 보건의료단체연합 (건강권 실현을 위한 행동하는 간호사회, 건강사회를 위한 약사회, 건강사회를 위한 치과의사회, 노동건강연대, 인도주의실천의사협의회, 참의료실현청년한의사회) , 노동당, 노동사회과학연구소, 노동전선, 녹색당, 대한불교조계종사회노동위원회, 성공회 용산나눔의집, 민변노동위원회, 사회변혁노동자당, 사회진보연대, 이주노동자노동조합(MTU), (사)이주노동희망센터, 이주노동자운동후원회, 이주민방송(MWTV), 이주민센터 친구, 전국민주노동조합총연맹, 전국불안정노동철폐연대, 전국학생행진, 지구인의정류장, 필리핀공동체카사마코
