The National Human Rights Commission (NHRC) recommended to the Minister of the Ministry of Justice that an exception clause be created so that narcotics-designated inmates sentenced to five years or less can be eligible for a designation-lifting review after serving a certain percentage of their term.
On the 28th, according to the National Human Rights Commission (NHRC), a person identified as A received a confirmed five-year prison sentence for charges including a sex crime and violating the Narcotics Control Act and is being held in a correctional facility. Upon admission, the person was designated as a "strictly managed person (narcotics-designated inmate)." Once designated as a narcotics-designated inmate, the delivery of external items and changes to visitation locations are restricted, and the inmate must submit to urine tests from time to time.
A's family filed a petition with the National Human Rights Commission (NHRC), arguing that it is unfair that there is no opportunity for a redesignation review during the incarceration period for narcotics-designated inmates.
The Ministry of Justice said, "Drug offenders have a high risk of recidivism, and it is necessary to manage them separately to ensure the safety and order of correctional facilities, such as blocking other inmates who live together from contact with narcotics, so the five-year lapse period cannot be considered excessive."
The 2nd Committee on Relief from Human Rights Violations of the National Human Rights Commission (NHRC) also acknowledged that special management is necessary to maintain safety and order in correctional facilities and to provide abstinence and rehabilitation education for narcotics-designated inmates.
However, the National Human Rights Commission (NHRC) determined that uniformly applying the five-year standard without considering completion of rehabilitation programs or the length of the sentence violates the requirement of minimal infringement.
The National Human Rights Commission (NHRC) recommended to the Minister of the Ministry of Justice that, for narcotics-designated inmates sentenced to five years or less, an exception clause be created to allow a designation-lifting review after a certain percentage of the sentence has passed, and that, in designation-lifting reviews, an individualized evaluation system be introduced that comprehensively considers not only the passage of incarceration time but also abstinence, completion of rehabilitation programs, psychological evaluation results, and conduct during incarceration.