"Excessive Physical Search in Confinement is a Violation of Human Rights"(04-10)
NHRC recommends human rights training to the police officer who violated "Detention of Suspect and Transfer Instructions"
The National Human Rights Commission confirmed Police Officer Choi violated the "Detention of Suspect and Transfer Instructions" and recommended that she undergo a special human rights training conducted by the NHRC. Park (female, 39) filed a petition in March 2002 claiming that her rights to human dignity and physical freedom had been violated during the process of receiving a physical search from Choi (female, assistant inspector) at the Seongnam Jungbu Police Station confinement cell.
This case began when the victim, Park, was arrested for violating the Trademark Act on the night of 13 March 2002 and subjected to a body search the next morning during confinement at Seongnam Jungbu Police Station. According to Park, Choi used excessive methods to conduct a physical search by making Park take off her jacket and brassiere and making her lift her shirt, completely exposing her breasts; as well as making her take off her pants and touching her underwear from behind.
In the process of investigation, the NHRC examined the confinement records submitted by Seongnam Jungbu Police Station. According to the records, Kim, the police officer in charge of the case, wrote Park had "no previous criminal record, there are no irregularities in psychology or personality, and she has no disease," under the space for "propensity of detainees."; Inspector Park, the assistant officer in charge of the night shift, ordered a brief physical search of detainee Park in consideration of these facts.
Despite this, defendant Choi conducted a physical search that went beyond "brief" by not allowing the petitioner wear a gown, claiming it was necessary for physical safety and prevention of self-harm; he exposed the petitioner"s breasts; and made the petitioner take off her pants.
According to the "Detention of Suspect and Transfer Instructions" (Police Agency Regulation #62) Article 8(Inspection of weapons) and other material submitted by the Gyeong Gi Provincial Police Agency, those subject to brief physical searches are suspects who do not fall into the category of full physical search or those deemed by detention officials.
Accordingly, Choi"s method of conducting physical searches, such as arbitrarily not allowing detainees to wear gowns or exposing their breasts, violates regulations. In addition, Choi"s actions offended and shamed the detainee, and her measure and methods exceeded the minimum necessary limits for a physical search. Therefore, the NHRC concluded Choi"s actions violated Article 10 (right to human dignity) and 12 (physical freedom) of the Constitution, and recommended that Choi undergo a special human rights training conducted by the NHRC.
