It is a human rights violation to arrest without warrant the complainant for calling the police for several times
-The NHRCK recommended the chief of the ○○ police station for a disciplinary warning and education for the police officers involved
o The NHRCK(Chairperson, Hyun Byung-chul) made a recommendation to the chief of ○○ police station for disciplinary warning on the police officer who ordered to arrest the complainant without warrant who have reported to the police for 8 times for inter-floor noises and delayed arrival of the police, and for job-training for the police officers who injured complaint's wrists and ankles by putting handcuffs on him from his back.
o Mr. B(Male, 44), the complainant, submitted a complaint to the NHRCK that when he called the police because of inter-floor noises he was arrested unreasonably by 4 police officers who have put handcuffs on him under the eyes of his children, and got injured which requires two weeks of medical treatment.
o The police argued that arresting the complainant without warrant was a reasonable execution of their official duties because they arrested him for obstruction of justice by fraudulent means. The police added that the complainant made false reports to the police for several times on a Friday night when the police were busy the most, and due to those reports, patrollers were dispatched for 8 times, and it was clear that if no action is taken, the complainant would keep filing false reports which would paralyze their business.
o According to the investigation of the NHRCK, the complainant called the police for 8 times from 22:30 to 23:18 pm in October 2013, complaining about inter-floor noises and delayed arrival of the police.
- Police officers from the △△△ patrol division of the ○○ police station visited the complainant's neighbor who caused noises to give a warning. However, even after the visit, the complainant called the police for 7 more times, complaining about continued noise.
- It was confirmed that the 112 situation room did not order for additional dispatch of police officers, and the patrol division did not send any police officers.
- After the 8th call from the complainant, 4 police officers from the △△△ patrol division visited his home and arrested him without warrant for obstruction of justice by fraudulent means.
o The NHRCK noted that it is hard to conclude that the complainant made false reports given that the complainant's children argue that the floor noise continued and the police officers did not confirm upon the fact, except for visiting the complainant's neighbor once for warning. In addition, the NHRCK concluded that even if there were no floor noises, it cannot be seen as a reason for arrest for without warrant for obstruction of official duties by fraudulent means under the Criminal Act.
o Moreover, the NHRCK found that unlike the argument of police officers, the patroller was sent only for once which means the complainant's report did not cause unnecessary dispatch or interfere patrolling work. In addition, there was not an urgent need to arrest the complainant or a possibility of destruction of evidence or getaway as the police officers knew identity and residence of the complainant and the complaints made to the situation room were all recorded.
o Accordingly, the NHRCK concluded that the arrest without warrant in this case is not a lawful execution of official duties since there was no reason for arrest. In addition, causing injuries requiring 15 days of medical treatment by putting handcuffs on the complainant from his back by force when he resisted to be arrested was an infringement upon personal liberty and safety of the complainant prescribed under Article 12 of the Constitution.
