Notification of Protection and Support Should Not Be Limited to Initial One-Time Notification During Police Investigations for Victims of Sexual Violence
The NHRCK Recommends the Commissionner General of Korea National Police Agency to improve work procedures
□ On December 13, 2024, the National Human Rights Commission of Korea (NHRCK) expressed its opinion to the Commissioner General of the National Police Agency. In accordance with Article 25(1) of the National Human Rights Commission Act (hereinafter referred to as the “Commission Act”), the NHRCK recommended improvements to work procedures to ensure that protection and support for victims of sexual violence, as well as the notification and confirmation of their rights, are not restricted to an initial one-time notification.
□ The NHRCK's Committee on Human Rights Violations 1 (chaired by Standing Commissioner Kim Yong Won) reviewed complaints from victims of sexual violence alleging human rights violations during the investigation process. The committee examined the current protection and support mechanisms for victims and the system for notifying and confirming their rights. Although the NHRCK decided to dismiss the filed complaints, it expressed its opinion on the need to enhance the system to better protect human rights.
□ During the initial police investigation, victims are informed about their rights and the available support system. This includes protective measures such as:
1. Connection to a shelter or provision of temporary accommodation.
2. Customized patrols around the victim's residence.
3. Registration of the victim's phone number with the 112 system.
4. Provision of a smartwatch to report emergencies to 112 and receive an immediate response.
5. Installation of CCTV at the victim’s residence.
6. Assistance with changing the victim's identity information.
□ However, in subsequent investigations, victims are merely asked whether they received this information during the first notification, without being informed again. While some may question the necessity of repeated notifications in non-initial investigations, the NHRCK believes that the need for protection persists regardless of the number of investigations, victims' statements remain critical, and their well-being requires ongoing consideration, and that victims of sexual violence may find it difficult to fully comprehend or utilize the rights and support information provided during the initial notification.
Circumstances or the victim’s decisions regarding protection measures may change during the investigation process.
□ To address these concerns, the NHRCK suggested that victim protection, support, and rights notification/confirmation be included in the statement record during additional investigations. This approach mirrors the procedure outlined in the Guide to the Protection of the Rights of Persons with Disabilities in Criminal and Judicial Matters, where the rights protection system is explained, and the subject's intention to utilize the system is confirmed during each investigation. Implementing a similar system for victims of sexual violence would strengthen their protection by enabling timely responses to changes in their emotional state or urgent situations requiring additional safeguards from the perpetrator.
※ For reference, under the Act on the Rights of Persons with Developmental Disabilities and the Act on the Prohibition of Discrimination Against Persons with Disabilities, the criminal justice information system provides repeated explanations of rights and confirms the intention to use the system during each investigation for individuals with disabilities.
□ The NHRCK will continue to advocate for systemic improvements to better protect victims of sexual violence. Emphasizing the need to enhance safeguards for such victims is not only reasonable but essential for ensuring their dignity and rights are fully respected.
