HRDPA / REPORTS / HRDPA-R-2026-014
CONTENT NOTE
This report describes conditions of detention, including accounts of ill-treatment.
If you are affected by these topics: support resources
TYPE
Report · 84 pp
UPDATED
01 July 2026
Related publications
- Profiles: Unjustly Incarcerated Political and Religious Figures
- Transparency and the right to a fair trial: Annual Audit 2025
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Response within one working day: press@hrdpa.example
PUBLISHED
14 June 2026
LANGUAGES
DE · EN
Pre-Trial Detention of
Lee Man-hee (Age: 95) in the Republic of Korea
Academic case study: Assessment under international law
Applicable International Frameworks: ICCPR (Arts. 9 & 14), UN Nelson Mandela Rules, UN WGAD Deliberations
Executive summary
Violation of the Principle of Proportionality under Article 9(3) ICCPR
The Normative Standard: The Republic of Korea ratified the International Covenant on Civil and Political Rights (ICCPR) in 1990. Under Article 9, Paragraph 3, pre-trial detention must not be the general rule. The UN Human Rights Committee (HR Comm) has consistently held that pre-trial detention must be necessary and proportional in light of all circumstances.
The Conflict: Applying continuous pre-trial detention (Untersuchungshaft) to a non-violent, 95-year-old individual raises severe proportionality concerns. Given the subject's extreme age and medical frailty, there is no plausible risk of flight or substantial interference with justice that cannot be mitigated by less restrictive measures (e.g., house arrest, bail, or electronic monitoring). The continuation of detention under these circumstances constitutes an arbitrary deprivation of liberty under Article 9(1) ICCPR.
SUGGESTED CITATION
HRDPA (2026): Pre-trial detention without a trial date. Berlin. DOI: 10.0000/hrdpa.2026.014
