The National Human Rights Commission of Korea recommends police officers abstain from employing physical violence on persons under arrest
The National Human Rights Commission of Korea (NHRCK) recommended recently that police officers protect personal rights and personal freedom by eradicating physical violence against persons under arrest, including excessive restraint and slapping. The Commission also recommended that the police officer’s supervisor conduct or mandate human rights training for the officers in concern. This recommendation comes in response to a complaint submitted on December 20, 2006, in which the complainant accused police officers of employing excessive physical violence against suspects under arrest.
The complainant, a 26-year-old male known as “A,” reported that police officers had abused him while under arrest at the local police station. Specifically, the complainant directed his accusations toward Police Officer “B,” a neighbor and acquaintance, who had handcuffed the complainant to a chair, while slapping and swearing at him without due reason. The report stated that other police officers had verbally abused the complainant by calling him derogatory names and accusing him of committing crimes. Further, the complainant contended that Police Office “B” met with his mother to demand forcefully that the complaint be dropped.
The respondent, Police Officer “B,” justified his actions by clarifying his long history and relationship with the complainant and the complainant’s family. According to the respondent, the two met while the complainant was a high school student. Both followed the same religion and the respondent stated that he had served as a mentor figure to the complainant. The complainant was arrested on a charge for theft and served one prison term. After his term, the respondent felt that the complainant would change his lifestyle, but found that the complainant had been arrested on another charge of theft while severely intoxicated. Wishing to admonish the complainant for his repeated behavior, the respondent admitted to having slapped him on the cheek, but denied forcing the complainant’s mother to withdraw the complaint. The respondent also denied the involvement of other police officers.
The Commission confirmed that the complainant had created a disturbance in the police station, swearing and kicking police officers, and that the respondent had slapped the complainant on several occasions in attempts to subdue the physical struggle. For this reason, the Commission recognizes that the actions of the respondent are understandable to a certain degree, especially given the drunken and violent state of the complainant. However, the Commission also determined that the police officer, who is obligated to treat suspects under arrest in a fair manner, infringed upon the personal rights and personal freedom of the complainant by continuing to use physical violence and verbal abuse after the complainant had been handcuffed and restricted to the chair. These rights are guaranteed in Articles 10 and 12 of the Constitution.
Following these conclusions, the Commission recommended the head of the police station at which Police Officer “B” worked to administer or mandate human rights training, supported by 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 residents, along with educational initiatives for organizations.
