The National Human Rights Commission (NHRC) has expressed its opinion to the Minister of Justice that inmates attending civil trials, rather than criminal trials, should also be allowed to wear regular clothes.

According to the NHRC today (September 30), a petitioner identified as A, who is being held at a detention center, applied to wear civilian clothes to attend a court appearance for the inspection and copying of records related to a damages lawsuit.

However, because A is an inmate serving a finalized sentence rather than an untried detainee undergoing criminal proceedings, the request was denied. In response, A filed a petition with the NHRC in March, arguing that this infringed upon fundamental rights.

Under Article 82 of the Act on the Execution of Sentences and Treatment of Correctional Institution Inmates, untried detainees are permitted to wear regular clothes when attending investigations or trials.

Furthermore, Article 88 stipulates that Article 82 applies mutatis mutandis to inmates and those with finalized death sentences who are undergoing investigations or trials for criminal cases.

The detention center responded that the restriction on A wearing civilian clothes was a lawful measure, as the relevant provisions do not apply to inmates appearing in court for the inspection and copying of civil case records.

In 2015, the Constitutional Court also ruled that while restricting inmates attending criminal trials from wearing regular clothes infringes upon the right to a fair trial, the same does not apply to civil trials.

However, the NHRC stated, "Civil trials are also important judicial procedures that directly affect the rights and obligations of citizens." It concluded that forcing inmates to wear prison clothing can cause unnecessary stigmatization and psychological distress, which may negatively impact their actual participation in trials and the exercise of their rights.

The NHRC expressed the opinion that the Ministry of Justice should revise the Act on the Execution of Sentences to allow inmates attending civil trials or equivalent judicial procedures to wear regular clothes, provided there is no risk of escape or other special security concerns.

(File Photo: Yonhap News)