Human rights body calls for detained foreigners' access to outside hospitals

The National Human Rights Commission of Korea (NHRCK) building in Seoul / Courtesy of NHRCK

The state human rights watchdog recommended that foreign nationals held in immigration detention who require surgery be allowed to receive surgical treatment at outside hospitals, saying the failure to provide appropriate care amounts to a human rights violation.

The National Human Rights Commission of Korea said Friday it recommended to Justice Minister Jung Sung-ho that immigration detainees needing surgery be given access to outside hospitals, following two complaints filed in January.

In the first case, a petitioner acting on behalf of a detainee at an immigration detention center alleged that the center director had neglected to provide appropriate care for the detainee's toe and finger injuries, which required surgery.

In the second, a detainee at the same facility filed directly with the commission, alleging the center had failed to provide appropriate medical care for a knee injury requiring surgery.

The detention center told the commission that outside medical visits require strict approval based on injury severity and flight risk. It added that its medical unit had been providing ongoing treatment including medication for pain, and that further measures would be reviewed as needed.

The commission ruled that a human rights violation had occurred. It said detention facilities of this kind restrict personal liberty based solely on administrative discretion, without an independent judicial determination such as a warrant.

It added that the facility must therefore ensure detainees receive appropriate treatment in keeping with the purpose of the system.

The commission noted that the victims had been diagnosed as requiring surgery for conditions including torn or damaged medial menisci and multiple fractures, and continue to experience ongoing pain.

It recommended to the justice minister, as the supervisory authority over the facility, that they be given access to appropriate surgical care at outside hospitals.