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6 Grievance systems
Inmates and detainees who are dissatisfied with their treatment in penal institutions may file their complaints as civil or administrative lawsuits, criminal complaints or charges, or notification of human rights violation, etc. Furthermore, they could also file petitions to the Minister of Justice or request interviews by the warden of the institution under the old Prison Act. After the enforcement of the Inmates Treatment Act, a new grievance system was applied only to sentenced inmates, etc., and after the enforcement of the Penal and Detention Facilities Act, this new grievance system is now applicable to all inmates including unsentenced inmates, etc.
The new grievance system is comprised of a claim for review, a reclaim for review, a report of cases, and a filing of complaints. A claim for review may be filed to the head of the Regional Correction Headquarters in writing when an inmate is dissatisfied with certain measures undertaken by the warden of the institution. A reclaim for review can be filed to the Minister of Justice in writing when an inmate is dissatisfied with the decision for the claim for review. A report of cases is to be made to the head of the Regional Correction Headquarters or the Minister of Justice in writing with regard to the use of illegal physical power on his/her body by staff of penal institutions. Inmates are first required to make a report to the head of the Regional Correction Headquarters and receive a notification confirming the fact from the head of the Regional Correction Headquarters. He/she then can make a report of cases in writing to the Minister of Justice if he/she is not satisfied with said notification. Complaints can be submitted to the Minister of Justice or the warden of the institution with regard to measures or other treatment undertaken for him/her by the warden of the institution. Table 2-4-2-4 shows the trend of grievances filed by all inmates over the last five years. Table 2-4-2-4 Grievances filed by inmates (2002-2006) |