공감

2021. 9. 29. ~ 2024. 3. 14.

This is the period in which the Joint Task Force was formed and worked to respond to the “hog-tying” torture incident at the Hwaseong Immigration Processing Center. On 14 March 2024, the people who worked together on this 3-year journey gathered for an end-of-activity debrief meeting.

(Left) Web poster of the debriefing, (Right) The task force after the debriefing

Around June 2021, we received report of torture at an immigration detention facility, heard the survivor’s testimony, obtained CCTV footage through court procedures, and held a meeting with the Minstry of Justice (MOJ). When it became clear that the survivor of torture will not be released from detention despite overwhelming evidence, we submitted a complaint to the National Human Rights Commission of Korea (NHRCK) and held a press conference. The immigrant and refugee rights activists, academics, and lawyers gathered at this event formed the “Joint Task Force on Torture Cases in the Immigration Detention Center”.

First press conference in September 2021

Since this was a large task force with dozens of organizations involved, we divided ourselves into detailed roles, such as the survivor support team, press conference and MOJ response team, and research team. We also set the objectives of the task force as follows.

1. Support the survivor of torture and other human rights violations in the Hwaseong Immigration Processing Center,
2. Bring the issue of human rights violations in immigration detention facilities to public attention, and
3. Advocate for punishment of responsible persons, official apology from the authorities, and measures to prevent recurrence, together with fellow citizens.

Looking back, the task force worked diligently on most of the objectives.

For victim support, the task force submitted complaints to the NHRCK, which resulted in recommendations by the NHRCK to (1) issue warnings to the relevant officials and reform relevant policies, and (2) to release the survivor from detention. Also, we supported the survivor for the criminal case filed against them, and are currently representing the survivor in a state compensation suit against the MOJ.

Press conference on filing the state compensation suit

For bringing the issue to public attention, the task force conducted over 10 public events, including press conferences, debates, and public testimonials, and 3 public fundraising and signature campaigns, whenever we needed to publicize the issue or to respond to attempts of harmful policy changes.

This led to numerous media coverages of the incident, and we worked to raise public awareness of the existence of these immigration detention facilities and the human rights violations there.

(Left) Submission of 6,000 signatures calling for the declaration that article 63 of the Immigration Act is unconstitutional (Right) Press conference calling for the declaration that article 63 of the Immigration Act is unconstitutional

For accountability, official apology, and measures to prevent recurrence, there were some accomplishments, but also disappointments. The persistence of the task force led to changes such as a clear time limit on solitary confinement in immigration detention facilities and detailed guidelines on the use of protective equipments in order to prevent recurrence of “hog-tying” torture. Also, there was the surprising Constitutional Court decision that article 63(1) of the Immigration Act, which made indefinite detention possible, was unconstitutional.

However, no one officially took responsibility or apologized to the torture survivor whose case provided the opportunity for these changes. The government, rather than issuing an apology or providing reparation, filed a criminal complaint against the survivor and leaked their sensitive personal information. The relevant lawsuit is ongoing, and this is a remaining challenge.

The debriefing started with a memorial ceremony for those who lost their lives in the fire at Yeosu Immigration Processing Center 17 years ago. Then, we read a message from M, the “hog-tying” torture survivor and now a fellow activist, who is now in another country. Finally, we sang the song “Freedom & Justice”, composed by students from Seongmisan School, who participated in all the on-site activities of the task force over the last three years.

Going over the objectives and remaining challenges of the task force, we discussed how to continue these efforts in the future. There are still many questionable deaths and reports of abuse in immigration detention facilities. There are also many efforts to change the institutions for the worse. In the end, we concluded that we must continue to raise the issue of immigration detention centers along with the legal challenges surrounding this “hog-tying” torture case.

Over the last three years, we engage in a wide range of activities starting from one case. I was able to continue this long work thanks to my colleagues–including M, initially the survivor and later fellow activist, lawyers, academics, activists, and students–who showed what it means to empathize and to stand in solidarity with the suffering of others. While the activities of the “Joint Task Force on Torture Cases in the Immigration Detention Center” came to an end as of that day, we resolved to continue activities regarding immigration detention facilities and the detention of foreigners. While the exact name and scope of activities is not determined, GongGam will also participate in this effort. We will keep you updated on this next indefinite journey. Thank you.

Drawing of the debriefing meeting

Written by Jirim Kim