The National Human Rights Commission of Korea recommends police to follow carefully procedures for arrest and read Miranda Rule to all persons under arrest
The National Human Rights Commission of Korea (NHRCK) recommended recently that police officers follow carefully the procedures for arrest, which includes reading the Miranda Rule to all persons under arrest at the scene of the crime, and admonishing all investigation officers not following this procedure. This recommendation to “G” District Prosecutor’s Office comes in response to a complaint filed with the Commission in February 2007, in which police officers wrongfully arrested an individual at a scene without reading rights.
The complainant, a 33-year-old known as “Kim,” stated, “I was mistaken for an accomplice of a drug dealer on mere grounds that I was present at a crime scene. Without informing me of my rights, the law enforcement officers handcuffed and arrested me, violating my personal freedom.”
The respondents, the investigation officers involved with the case, insisted that a bold and decisive arrest was necessary at the time, as drug criminals are generally violent and there were few investigation officers on the scene facing a large number of accomplices. The respondents also maintained that there was no negligence on their part. Since the complainant was with the drug criminal at the same place and time, the respondents believed that they had exercised fully due care necessary to arrest him.
Investigation officers must exercise an extremely high level of care in order not to violate a suspect’s human rights during investigation. Article 20 of the Prosecution’s Affairs Regulations mandates officers to inform suspects of the Miranda Rule. In addition, the Supreme Court had ruled that “except the cases where it is impossible to inform a suspect of the Miranda Rule—for such reasons as high flight risk by the suspect or violent resistance to arrest, and then ex-post notification is acknowledged—the rule must be notified before exercising force for an arrest.”
Given that (i) the respondents violated the principle of due process by failing to read Miranda rights; (ii) the false arrest could have been prevented by informing the complainant of his rights before arrest; and (iii) it is unreasonable to hold the complainant accountable for the lack of investigation officers at the time of arrest, the Commission determined that the hasty arrest constituted an infringement upon the complainant’s personal freedom, among other rights, breaching Article 12(1) of the Constitution. The Commission recommended that measures be taken to prevent recurrence of similar events in the future, in accordance with Article 44(1)1 of the National Human Rights Commission of Korea Act.
The National Human Rights Commission of Korea was established in 2001 to promote human rights education and defend those who have experienced discrimination, or have had a right violated, in Korea. The Commission offers counseling, full investigation and protection for citizens, along with educational initiatives for organizations.
