Not notifying the right to refuse to accompany to the police station violates personal liberty
The National Human Rights Commission of Korea(Chairperson Hyun Byungchul) concluded that the police officer who asked the suspect to accompany him to the police station without notifying the suspect the right to refuse accompanying has violated personal liberty of the suspect guaranteed under Article 12 of the Constitution.
The NHRCK advised the head of the police station to provide education on principles of voluntary investigation and accompanying process to police officers, and to share the case with all the staff at the related departments.
The Complainant claimed that the police officers came to her house and forced her to accompany to the police station, saying that the report that she's involved in prostitution was filed. The Complainant asked police officers to allow her go to the police station next day because her mother needs to go to the hospital, but the police officers rejected her request and forced her accompany to the police station.
The police officered said that they notified her the right to counsel and it was a legitimate execution of official duties.
However, the NHRCK confirmed that the police officers did not notify the right to reject voluntary accompanying and concluded that the complainant accompanied to the police station against her will, not notified her right regarding voluntary accompanying.
The NHRCK concluded that the police officers violated article 51.1 of the Rule on Duties of Police Officers for Protection of Human Rights and the personal liberty of the complainant guaranteed under Article 12 of the Constitution.
