![This Sept. 29, 2021, file photo shows activists holding a rally protesting against rights violations at detention centers for undocumented foreigners, in front of the National Human Rights Commission of Korea in Seoul. The conditions at detention facilities for undocumented foreign nationals, as well as the practices used to manage them, have been found to violate human rights, a report showed on Wednesday. Korea Times photo by Ko Young-kwon](https://newsimg.koreatimes.co.kr/2024/07/17/7ffb08c2-27ab-43c0-b0f7-d0da29757b22.jpg)
This Sept. 29, 2021, file photo shows activists holding a rally protesting against rights violations at detention centers for undocumented foreigners, in front of the National Human Rights Commission of Korea in Seoul. The conditions at detention facilities for undocumented foreign nationals, as well as the practices used to manage them, have been found to violate human rights, a report showed on Wednesday. Korea Times photo by Ko Young-kwon
The conditions of detention facilities for undocumented foreign nationals, along with the methods used to manage them, have been found to violate human rights, a report showed on Wednesday.
Following months of investigation, the National Human Rights Commission of Korea published a report showing that officials at these facilities frequently fail in their duty to protect the rights of foreigners facing deportation or awaiting asylum decisions.
The commission, after conducting in-person inspections of three facilities and thorough interviews with officials, revealed that violations of human rights, which are guaranteed by both domestic and international laws, often start occurring at the beginning of their duties.
Article 3 of the administrative guideline on handling violators of the country's immigration control law states that government officials are required to work to prevent language-related disadvantages for these individuals.
"Nevertheless, writs of emergency protection (equivalent to arrest in practice) are written in Korean and English only. As a result, many who use other languages (as their first ones) have little or no understanding of what's happening when officials enforce the law against them," the report said.
In many cases, undocumented foreign nationals reported that they did not even know the officials taking them into custody were immigration officers, according to the report.
The related administrative guidelines of the immigration control law also require officials to provide interpretation services for those who are not fluent in Korean. However, the commission found that many individuals were unaware they had the right to request these services.
"Most of the foreigners investigated appeared to have signed the papers, as told by officials, without understanding important information they should have known during the process," the report noted.
A lack of doctors in the facilities was another concern raised by the commission's investigators. The immigration agency had only 83 doctors, falling short of the 118 needed to adequately staff all of its facilities, they said.
The report highlighted that this situation not only poses health risks to those detained but also requires officials without medical expertise to handle such responsibilities. If the immigration office cannot hire an adequate number of physicians due to limitations in salaries and perks, it should address the issue by expanding partnerships with nearby clinics and hospitals or by hiring additional nurses instead, the report added.
Moreover, the report pointed out that the immigration control law lacks a specific clause defining the government's responsibility to provide essential health services to those who cannot leave the facilities. This leaves the Ministry of Justice with excessive discretion in establishing the rules. The report called on the National Assembly to pass legislations that guarantee this right.
At least one of the detention facilities, located in Hwaseong, have permitted those detained to use their mobile phones for a limited amount of time. In the report, the commission said this should expand to all facilities across the nation, adding it is often the only means of communication with their families outside.