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On 2 April 2026, the Human Rights Committee (CCPR) published its Views in the communication No. 3742/2020 submitted by Gentilmen Issa Magumba against the Republic of Korea, concerning the refusal to process an asylum application lodged in an airport transit zone and the applicant’s prolonged confinement in that zone.

The author, a national of the Democratic Republic of Congo, was held for approximately 14 months in the transit area of Incheon International Airport after being denied the possibility to apply for refugee status on the ground that he was a transit passenger and not subject to entry inspection. He claimed that this refusal exposed him to a risk of refoulement and that his confinement amounted to arbitrary detention and inhuman treatment.

The Committee found a violation of Article 7 of the International Covenant on Civil and Political Rights due to the denial of access to the asylum procedure. It reiterated that States must not remove individuals where there are substantial grounds for believing that they face a real risk of irreparable harm and must ensure access to an effective and independent review with suspensive effect. In the present case, the author’s asylum request was rejected solely on formal grounds linked to his status as a transit passenger, depriving him of any opportunity to seek protection against refoulement. The Committee held that domestic legal provisions cannot be applied in a manner that undermines obligations under the Covenant.

The Committee further found a violation of Article 9(1), holding that the author’s confinement in the airport transit area constituted a deprivation of liberty. It recalled that such deprivation may arise from confinement in a restricted airport area without free consent, and that prolonged and indefinite detention of asylum seekers may be arbitrary. The Committee noted that the author was subjected to de facto detention for approximately 14 months within a space under the State party’s jurisdiction, without any legal basis, as no formal detention order had been issued. His confinement was of indefinite duration, lacked appropriate justification, and was not based on an assessment of necessity or proportionality. The Committee therefore concluded that the author’s detention was arbitrary and constituted a violation of Article 9(1) of the Covenant.

Finally, the Committee found the conditions of detention and the prolonged exposure to inadequate living conditions such as lack of privacy, insufficient access to food, medical care and sanitary facilities and constant lighting during COVID-19 pandemic, to be incompatible with human dignity, therefore finding a violation of Article 10(1) of the Covenant.

The Committee concluded that the State party violated Articles 7, 9(1) and 10(1) of the Covenant and held that it is under an obligation to provide the author with an effective remedy, including compensation, and to take measures to prevent similar violations in the future.