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NHRC recommended to specify the close pysical examination(10-22-2002)
Date : 2002.12.20 00:00:00 Hits : 1852

The NHRC, recommended to the Commissioner General of Korean National Police Agency to specify more in detail conditions of the close physical examination enforced before a suspect enters a detention house (10/22/2002)


The National Human Rights Commission (president, Kim Chang-kuk) recommended to Commissioner General of Korean National Police Agency to specify conditions of the close physical examination at detention houses, and for the policemen involved to attend lectures on special human rights educations provided by the NHRC, after a complaint was filed by female employees who were stripped during the close physicalexamination at Guro Police Station April, 2, 2002.


Seven female employees, who belong to a trade union for Korean Sygnetics, claimed they were examined in the nude taking off even their underwear,and filed the petition to the NHRC against 5 policemen involved or charged. ,


The five policemen recommended to attendspecial lectures on human rights by the NHRC were Yun (Director at Guro Police Station), Park (Senior Policeman, examiner), Lee (Superintendent), another Park (Senior Inspector) andJoo (former Inspector at Guro Police Station).


Meanwhile, the NHRCtothe Commissioner General of Korean National Police Agency as the competent institution to take responsibility for close physical examinations to prevent the similar incidents.


According to the NHRC"s investigations, Park (Senior Policeman at Guro Police Station) arbitrarily conducted the close physical examination, judging that complainants might harm themselves when they refused to take away strings of their jackets, even though Chief of Situation Room was instructed to briefly examine them by Confinement Order.


In addition, Park examined a female employee who was having her cycle.


Article 8 of Detention of Suspect & Transfer Instruction specifies that suspects should wear gowns, in the case of close physical examination, to minimize the human rights violations of detainees. 


However, Senior Policeman, Park neverattended lectures on physical examination since she was transferred to Guro Police Station. She examined detainees in the manner mentioned, and therefore violated the complainants" rights.


Therefore, the NHRC and others involved the Chief of Guro Police Station,respondent Park, to account for neglecting their duties on supervising and directing a physical examination.


The NHRC recommended to Commissioner General of Korean National Police Agency to specify in more detailnecessary conditions for subjects of close physical examinations to protect to prevent a recurrence of similar human rights violation cases.


The current necessary conditions for subjects of close physical examinations, which is prescribed for "a perpetrator of severe crimes" "a suspect thatis issued the warrant of arrest", "a person who is suspected of having the prohibited possessions" and "a person who may commit self-injury" are so broad that can be said to apply to most of detainees.


Therefore, the NHRC recommended including the specified contents in orderfor examiners not to appear arbitrary.


"Naked" physical examinations in case of the confinement of detentions have caused human rights violations in the past.


A female member of trade unionwas examined in the nude at Sungnam Police Station in March 2000. The naked physical examination of the representative, whobelonged to Trade Union of Health and Medical, was criticized through public opinion.


Although naked physical examination was determined to be illegal by the Supreme Court
Oct. 26, 2001, that kind of examination was executed customarily at police stations.


The NHRC will attempt to protect the basic rights of detainees at police stations by offering this recommendation.

 

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