Rights commission urges gov't to find alternatives to detaining asylum seekers

This July 2020 file photo shows the building of the National Human Rights Commission of Korea in Seoul. The National Human Rights Commission of Korea on Thursday called on the government to come up with measures to replace its detention-centered policy for foreign nationals seeking asylum here. Courtesy of National Human Rights Commission of Korea

The National Human Rights Commission of Korea called on the government, Thursday, to develop alternatives to its detention-centered policy for asylum seekers in the country.

The commission released a statement urging the Ministry of Justice to improve its treatment of asylum seekers challenging refugee status rejections in court, emphasizing that the process should not be punitive.

This decision follows a complaint filed by a Russian asylum seeker, who had been held in one of Korea's detention centers for non-citizens. The petitioner accused immigration officers of violating his human rights by detaining him for an excessive period. He entered Korea in 2019 and, after Russia's war in Ukraine began in 2022, requested that Korean authorities send him to a third country, fearing conscription if returned to his homeland.

“The protective measure (detention) should be taken temporarily or tentatively when the deportation cannot be proceeded immediately. This measure can be justified only when the detention period is reasonable,” the commission said. “The detention of the petitioner is an excessive restriction on his right to freedom, beyond the (legal) limit allowed as a temporary or tentative measure.”

Given that it would take a long time ― possibly years ― for the judiciary to conclude his case, it would be unreasonable to keep him in the facility for the whole time, the commission noted.

Section 65 of Korea’s Immigration Control Law stipulates that asylum-seekers detained in such facilities can be released if they provide sensible reasons and a certain sum of money to be lodged to guarantee their appearance in court.

The commission said the ministry should find measures to minimize the prolonged detention of asylum-seekers and adopt them as alternatives to its current detention-prioritized policy.