2008.11.11
The Commission recommended that the Commissioner General of the Korean National Police Agency (KNPA) take complementary measures and amend related regulations to ensure that female detainees are well informed and understand the intent when police request that they remove their brassieres, reducing feelings of sexual shame.
The petitioner Ms. A (female, 27 years old) and 8 other victims made an appeal to the Commission in August 2008 on the basis that the police asked them to remove their brassieres in a detention cell even though they were wearing thin and low-neck garments. Petitioners insisted that they had to remain in the police cell for 48 hours, were investigated by male police officers, and felt sexual shame during these processes.
Upon investigation, the Commission confirmed that the petitioner and victims were taken to the police stations (Gangnam, Jungbu, and Mapo) for participating in the candlelight vigil held on August 15, 2008, and violating Law on Assembly and Demonstration. In the process of physical examination to enter the police cell, they were asked to remove their brassieres and were investigated once or twice from the 16th to 17th of August, 2008.
In regard to this, the police argued that a brassier is regarded as dangerous object with which a detainee can harm herself or others. Thereby, in accordance with Article 9 of the ‘Regulations on Detention and Escort of Detainees,’ the police informed female detainees that brassieres could be used for self-killing and the police asked them to remove them. The police also claimed that detainees are restricted from wearing undergarments in cells in Japan, France and Germany because tights and brassieres are considered strings and dangerous objects. The National Institute of Scientific Investigation also sent its medicolegal opinion that brassier can be used for committing suicide. The police claimed they were establishing adequate measures considering cases in other countries and related human rights policies.
Even though the police asked female detainees to remove their brassieres to prevent self-injury or suicide, the Commission affirmed that the police should ensure the fundamental rights of detainees. Furthermore, in this case, some parts of women’s bodies can be seen if they have to remove brassieres and wear only thin shirts in the summer and this can make them feel sexual shame and contempt.
Even though the petitioner and other victims were wearing thin clothes, police officers asked them to remove their brassieres, made them remain in the detention cell for 48 hours, and interrogated them without any complementary measures, this process infringed upon their human dignity as guaranteed in Article 10 of the Constitution.
The Commission recommended that the Commissioner General of the Korean National Police Agency (KNPA) take complementary measures and amend related regulations to ensure that female detainees are well informed and understand the purpose when police requests them to remove their brassieres, and that they do not experience sexual shame after removing their undergarments.
