Rights body finds simultaneous use of three restraints on inmate violated human rights

Placing multiple types of restraints on an inmate simultaneously for an extended period constitutes a human rights violation, the National Human Rights Commission of Korea has ruled.

According to the commission Wednesday, a complainant identified as A filed a petition in August last year, arguing that detention center staff had unjustly required him to wear three types of restraints simultaneously for an extended period on the grounds that he had refused to follow a guard's instructions.

The commission's investigation confirmed that guards had simultaneously applied three restraint devices to A — metal restraints, a head protection device and ankle restraints. The total time the devices were in use, excluding brief periods when they were temporarily removed for meals and toilet use, came to nine hours and 25 minutes.

The detention center rebuffed the complaint, saying A had committed disciplinary violations, refused to comply with official duties, and continued to make verbal threats and physically assault staff, posing a very high risk of harm to others — and that the restraints had therefore been applied in accordance with the law.

The commission's Second Committee on Remedy for Infringement acknowledged that, given the circumstances at the time, there was a recognized need to use restraints to some degree.

However, it found that the specific and individual necessity for using all three restraints simultaneously had not been sufficiently established. Restraint devices restrict an inmate's physical freedom and should be applied incrementally and only to the minimum extent necessary, with due consideration of proportionality and appropriateness.

The committee also said it was particularly difficult to verify after the fact whether the use of the restraints and the application of physical force had been appropriate, as no body camera footage of the process existed at the time.

The commission said video documentation of restraint use was necessary both to protect inmates' human rights and to protect guards who carry out their duties lawfully.

In response, the commission on Aug. 11 recommended that the warden of the detention center carefully assess the necessity and proportionality of restraint use and conduct job training for staff to prevent excessive use of force.

The commission also recommended that the training include guidance on recording and managing the restraint process using body cameras or other video equipment.