“Request further investigation by the prosecutor general of the Ulsan Jungbu Police brutality case”
NHRC dismisses claim of all-night interrogation and rejects false confession
The National Human Rights Commission (NHRC) decided to ask the prosecutor general to investigate lead detectives in the Ulsan Jung-bu Police Station brutality case. In September of 2002, petitioner Lim (male, 37) filed a claim that he made a false confession of criminal activity as a result of brutal treatment by the Ulsan Police investigation team, led by two detectives, Assistant Investigator Lee and Police Officer Lee.
This case was brought to the attention of the NHRC by a petition filed by Lim stating that on August 23, 2002, at around 17:30 hours, Lim was arrested on charges of burglary and rape and subject to an all-night investigation at Ulsan Jung-bu Police Station. During this all-night investigation, Police Officer Lee used the palms of his hands and fists to strike the back of Lim"s head about 20 times in order to obtain a false confession of burglary.
The results of the NHRC investigation into this case are as follows:
First, claims of brutal treatment and forced confessions from petitioners and non-petitioners are contradictory. However, the general results of the NHRC investigation, which included interviews with people that petitioner Lim had contact with between August 23-30, 2002 at the Ulsan Jung-bu Police Station confinement cell, employed staff at the confinement cell, other inmates in the lockup; and review of the same police station investigation records and Ulsan confinement cell inmate records, showed the following:
ㆍ acknowledgement of the fact that respondents used brutal treatment, including beatings, in order to extract false confessions during interrogations;
ㆍ there is good reason to believe that the actions of Assistant Inspector, Lee and Police Officer, Lee violated Article 125 (Violence and Cruel Act) of the Criminal Act and constitutes a criminal act;
ㆍ Much more evidence and investigation is needed in order to establish the facts of the case, which led to the decision by the NHRC to ask the prosecutor general to investigate, in accordance with Article 34 of the National Human Rights Commission Act.
Second, the petitioner claimed that he was arrested on August 23, 2002 at around 5:30 pm, and he was interrogated all night starting from approximately 9 pm to 3 am the next day. The NHRC examined the documents regarding suspects" Confinement and Release Order, transcripts of the interrogation, and the working records of confinement cell guards and the results showed that the interrogation of the petitioner ended at 10:30 pm on August 23, and Lim was locked up in the confinement cells of the same police station. Hence, the NHRC dismissed the petitioner"s claim.
Finally, the NHRC examined the claims of forced confession by the petitioner. According to current law, even if a confession forced through beatings or brutal treatment is the truth, it cannot be submitted as evidence. However, taking into consideration that the trial on charges of burglary, which Lim claimed was a forced confession, is currently in progress, the NHRC rejected the claim of false confession according to the National Human Rights Commission Act, Article 32, Clause 1, Line 5.
