An inmate holds a sign calling for help amid the COVID-19 pandemic at the Seoul Dongbu Detention Center in Seoul, Dec. 29, 2020, file photo. The National Human Rights Commission of Korea has called for the government to redouble its efforts to address persistent prison overcrowding in a report released on Tuesday. Yonhap

The Korean government should redouble its efforts to address persistent prison overcrowding, according to the National Human Rights Commission of Korea, Tuesday. It said overcrowding is the root cause of many other problems inside the facilities.

In a report, the commission chairman Song Doo-hwan and three standing commissioners urged the Ministry of Justice to relieve overcrowding in prison cells as the poor environment for inmates would hinder its efforts for correctional rehabilitation.

"Securing the minimum living standards for the people inside correctional facilities is a basic condition and fundamental principle required to achieve their ultimate goal of resocializing prisoners," the report said.

According to the commission's investigation, 43 out of 52 detention facilities in the country have more inmates than they are supposed to. The organization also noted that the number of complaints it received over prison overcrowding issues increased in recent years, from 92 in 2020 to 136 in 2022.

One way to address the issue is to set a legal limit to the number of inmates allowed in each room or facility through legislation. Such rules are currently set by the ministry's guidelines, which lack legally binding force and, as a result, are often ignored by officials.

In the report, the commission mentioned the case in Germany where the government tried to resolve the same issue by, in principle, limiting the number of inmates to each prison cell, with exceptions permitted only temporarily with the approval of the supervisory authority.

"Such legal measures, of course, could draw criticism as the problem requires the expansion of facilities to be fundamentally fixed," an official at the commission's policymaking division told The Korea Times.

"But given that the idea of facility expansion is complexly interrelated with other issues, including the budget and (not-in-my-backyard) protests, the ministry may need to consider pushing for a legislative move first, which could provide the momentum needed to make progress in other areas eventually," the official said.

One of the biggest risks of neglecting prison overcrowding lies in inmates' health, as was demonstrated during the COVID-19 pandemic. The outbreak started from a single person at the Seoul Dongbu Detention Center and spread rapidly to inmates and correctional officers alike in no time, which resulted in the death of one inmate, the report said.

In a cramped environment, the number of violent incidents among inmates tends to increase, as well as the risk of accidents, it added.

Another issue is the treatment of those still on trial. "The legal status and treatment for the people still on trial should be different. But due to a lack of facilities for them, many of them share the prisons (with those whose convictions have been finalized)," the report said.

The United Nations Standard Minimum Rules for the Treatment of Prisoners, better known as the Nelson Mandela Rules, also advise against exceeding the capacity for prisoners, stipulating "if for special reasons, such as temporary overcrowding, it becomes necessary for the central prison administration to make an exception to this rule, it is not desirable to have two prisoners in a cell or room."