NHRC to Request Public Prosecutor-General to Investigate
2 Officers of Busanjin Police Station
The National Human Rights Commission (NHRC) has decided to ask the Public Prosecutor-General to investigate police lieutenant Lee and police sergeant Kim in relation to a case petitioned by a credit card larceny suspect, Kim, 23. In his June 2002 complaint against Busanjin Police Station, complainant Kim charged that after his arrest, he was treated brutally by police during questioning, and was subject to beating, abusive language, and water torture.
The petitioner—suspected of using a credit card stolen at a public bathhouse—was originally arrested, along with other suspected accomplices, under the emergency arrest procedure. In the course of questioning about the origins of the ring he was wearing, the petitioner also confessed to the officers that he had stolen it. The petitioner alleged that during the questioning that led to his self-incrimination: the police officers beat him with their hands and with a broom; they spit on his face; they tied up his arms and legs with roping and poured water on his head 3 times, and subject him to cruel and unusual treatment. However, the defendants of the complaint (the police) categorically denied having brutalized the complainant.
The NHRC investigation found that the complainant was healthy at the time of arrest and did not try to flee, resist the police officers or hurt himself during the arrest or investigation process; however, when he was logged into a holding cell right after the questioning, he complained of bruises and without eating his meal, just lay down in his cell. The investigation also found that the officers did not take the complainant to the room for questioning criminal suspects, but rather to a separate, closed-off room for questioning. Testimony from witnesses included: “after the complainant emerged from questioning, his hair and upper body was dripping wet”; “when the officers came out of the separate room right after questioning the complainant, I saw them carrying a metal bucket and towels”; and “right after the questioning, I saw red marks on the complainants wrists that looked like rope marks from binding.” After fully considering the evidence, the NHRC investigation concluded that there is reason to suspect that the complainant had indeed been subject to beating and water torture during the questioning about the origins of his ring.
The NHRC found that the defendants’ conduct violated article 12 (integrity of the body) of the Korean Constitution, and that there was a high probability that their conduct also constitutes criminal conduct under article 125 (violence, cruel acts) of the Criminal Law; thus, the NHRC decided to request that the Public Prosecutor-General investigate into police lieutenant Lee and police sergeant Kim with regard to this case.
