420 Days in Incheon Airport Transit Zone... UN: "Government that Denied Refugee Application Must Compensate"
https://n.news.naver.com/mnews/article/028/0002799747?sid=102
Mr. Ngoma (pseudonym) in February 2021, who had been detained and 'homeless' for a year in the Incheon Airport transit zone. Provided by the Refugee Administrative Detention Rights Relief Group.
(Excerpt)
Lawyers for a Democratic Society (Minbyun), public interest law firm Duru, and the Refugee Human Rights Network held a press conference on the 8th at Minbyun's main conference room in Seocho-gu, Seoul, stating that regarding Ngoma (pseudonym
, 52
), a refugee applicant from Congo, the government's illegal detention at the airport "violated the International Covenant on Civil and Political Rights (ICCPR), according to a final decision made by the UN Human Rights Committee on the 13th."
Mr. Ngoma came to Korea in February 2020, leaving the Democratic Republic of Congo, which has been suffering from a long civil war. Upon arriving at Incheon Airport, Mr. Ngoma applied for refugee status without boarding his connecting flight. However, the Incheon Airport Immigration Office refused to even refer his refugee status application to the Ministry of Justice, stating that "as a transit passenger who has not undergone immigration screening, he is not eligible to apply under the Refugee Act." Subsequently, Mr. Ngoma spent 420 days in the airport transit zone without receiving accommodation, food, or clothing.
In 2021, the court ruled that the failure to initiate the refugee application process for Mr. Ngoma and his detention in the transit zone were unlawful. However, in a lawsuit seeking state compensation for the damages he suffered, the government's obligation to compensate was not recognized, on the grounds that "there was no intent or negligence on the part of public officials." Consequently, Mr. Ngoma and the civic organizations supporting him filed a complaint with the UN Human Rights Committee on the 6th of last month.
The UN Human Rights Committee determined that the South Korean government, in this case, "violated the obligation of non-refoulement, the obligation not to arbitrarily detain, and the obligation to treat detainees humanely under the ICCPR." It also noted that while Mr. Ngoma was confined at the airport, he was "exposed to unsanitary conditions, insufficient accommodation, lack of adequate food and medicine, and lights that were on 24 hours a day."
Based on this judgment, the Human Rights Committee concluded that the South Korean government has an obligation to compensate Mr. Ngoma for the damages. The Committee stated, "We demand full reparation to individuals whose rights have been violated under the Covenant," and "There is an obligation to provide adequate compensation for the material and moral damages suffered by the complainant, and an obligation to take all necessary measures to prevent similar violations from occurring in the future."
However, it remains uncertain whether the UN's decision will lead to actual compensation from the government. This is because the government has viewed the domestic legal effect of the Covenant as a "recommendation" rather than an "obligation." Lawyer Seo Chae-wan (Minbyun International Solidarity Committee) stated, "Korea is a state that has ratified the ICCPR," and "To say that a decision based on the interpretation of an established treaty has no domestic legal effect is tantamount to denying the Constitution, which proclaims respect for international law."
It was also pointed out that legislation is needed to compensate for similar damages caused by state administration, beyond mere compensation for damages that require proving intent and negligence. Lawyer Lee Sang-hyun (Duru, a public interest law firm), one of Mr. Ngoma's legal representatives, said, "As the Lee Jae-myung administration has stated the domestic implementation of international human rights norms as a national task, we expect compensation to be carried out in accordance with the UN's request, regardless of whether it has recommendatory or legally binding effect," adding, "This should also serve as an opportunity to institutionalize compensation for damages resulting from administrative detention of refugee applicants."
Source: https://theqoo.net/hot/4155795500