A constitutional complaint has been filed to determine whether the failure to properly manage inmates suffering from extreme heat in correctional facilities violates the constitution.
On September 22, the Hope Makers Law Firm, the Public Interest Law Center of the Lawyers for a Democratic Society, and the Catholic Human Rights Committee held a press conference at the Lawyers for a Democratic Society's conference room in Seocho-gu, Seoul, to announce the filing of the constitutional complaint regarding heat exposure in correctional facilities.
The legal team, formed by the Public Interest Law Center, filed the complaint with the Constitutional Court on behalf of 19 inmates from 12 correctional facilities nationwide. This marks the first collective constitutional lawsuit addressing the infringement of inmates' basic rights during heat waves.
The legal team requested the Constitutional Court to assess the constitutionality of several issues, including: the legality of continuing to confine the complainants in high-temperature living spaces without adequate protection; whether Article 6, Section 2 of the Enforcement of Criminal Sentences Act and Article 3 of the guidelines on inmate management and supervision sufficiently protect life and health; and the constitutionality of the failure to ensure the measurement, recording, and preservation of temperature and humidity in actual living spaces, as well as the verification process for inmates.
Kim Byeong-min, a lawyer with the Public Interest Law Center, explained that the purpose of correctional facilities is to rehabilitate inmates so they can return to society while complying with the law. He emphasized that the treatment causing unnecessary suffering should be evaluated for its constitutional validity.
He added, "Lawful detention does not justify living conditions that threaten life and health. Ensuring physical and mental health and a dignified life is a fundamental condition for reintegration into society."
He also raised concerns about inmates receiving less protection and enduring unnecessary suffering based on their location, facility, and season, stating that while climate and facility differences should be considered, the minimum level of protection should not vary without reasonable justification.
Seo Chae-wan, head of the international team at the Public Interest Law Center, pointed out that extreme heat, combined with overcrowding, disrupts sleep and negatively impacts inmate relationships and health. He noted that the heat creates tension among inmates.
Furthermore, he stated, "Inmates are unable to sleep, wash, or receive treatment, and elderly inmates with underlying health conditions directly feel the threat to their life and health, yet the living spaces where they are confined lack air conditioning."
* This article has been translated by AI.
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