Indian National Files Complaint With National Human Rights Commission of Korea
Acting Justice Minister Acknowledges Wrongdoing

A complaint has been filed with the National Human Rights Commission of Korea alleging that Hwaseong Foreigners’ Detention Center committed acts of abuse during the deportation of a foreign national in detention, including putting highly adhesive duct tape over his mouth and choking him.


According to Yonhap News Agency on October 9, a man identified as A, an Indian national, filed a complaint with the commission through his legal representative on October 2. He alleged that staff at Hwaseong Foreigners’ Detention Center violated his physical liberty and human dignity while escorting him for deportation on August 27.


Records of the forced removal of Mr. A. Provided by the Ministry of Justice and Rep. Park Eun-jung's office of the Rebuilding Korea Party. Yonhap News.

Records of the forced removal of Mr. A. Provided by the Ministry of Justice and Rep. Park Eun-jung's office of the Rebuilding Korea Party. Yonhap News.

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According to the complaint, A had been held at Hwaseong Foreigners’ Detention Center for about eight months when, on the morning of his deportation, a detention officer told him, “There is concern for your safety because of a conflict in the room, so you need to move to another room,” and instructed him to pack his belongings. In fact, however, this was a call for his deportation. Under the Immigration Act, foreign nationals subject to deportation may be held at a foreigners’ detention center for up to nine months.


Only immediately before the deportation was carried out did a staff member show A a document in Korean informing him that his earlier application for temporary release from detention had been denied. A asked for a translation and an explanation, and repeatedly asked whether he could apply for refugee status because he wanted to challenge the decision, but his requests were ignored.


Later, inside the vehicle escorting him to the airport, A was handcuffed and placed in physical restraints, with several layers of duct tape wrapped over his mouth. He was also made to wear a ski mask covering his entire face except for his eyes. A alleged that he was assaulted, including being slapped and choked, during the process from arriving at the airport to boarding the plane. He also said that he repeatedly asked for the return of his mobile phone, which he had given to a detention officer the previous day so he could contact his family and lawyer, but did not get it back until he had arrived in India and was about to leave the departure gate.


On October 8, the office of Rep. Park Eunjung of the Rebuilding Korea Party released body-camera footage and other materials provided by the Ministry of Justice during the National Assembly Legislation and Judiciary Committee’s parliamentary audit of the ministry.


The released footage shows detention officers pressing down on A’s shoulders and choking him while warning, “Stop talking,” even though he says, “I’ll go by myself” and “I won’t resist.”


Rep. Park said, “The victim keeps saying that he has no intention of resisting, but the detention center staff used informal speech, acted in an overbearing manner, shouted at him, and caused him physical pain throughout the escort.” She also cited a previous court ruling in a trial over the “shrimp-bending” abuse case at Hwaseong Foreigners’ Detention Center, which found that using cable ties or packing tape as restraints was unlawful because such equipment was not authorized by law. She criticized the staff for “sealing the victim’s mouth with duct tape, which is even more adhesive than packing tape.”


When Rep. Park asked, “Is this kind of abuse in the manual? Was it wrong or not?” Lee Jin-su, acting Minister of Justice, replied, “That tape is not classified as a restraint, and it was clearly wrong to wrap him up like that and forcibly deport him.”



A appealed to the commission to investigate, saying that staff at Hwaseong Foreigners’ Detention Center had violated his physical liberty and human dignity and deprived him of the opportunity to challenge the decision, apply for refugee status, and receive outside assistance.


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