NHRC issues recommendation to police chief to take disciplinary action against perpetrators of police brutality
Following a police brutality complaint filed in March 2003 against 3 police officers of Incheon City’s Seobu Police Station (ISPS), the National Human Rights Commission (NHRC) confirmed that the 3 defendants both committed human rights violations against Mr. Ju, 39, and violated due process. The NHRC issued a recommendation to the Police Chief of ISPS to take disciplinary measures against the police officers involved.
The case began on 19 March 2003 when police officer Oh and 2 other ISPS officers entered an internet café at 1:40 am to apprehend petitioner Ju, a larceny suspect. According to Ju’s testimony, the officers approached him from behind and without reading him his rights or identifying themselves as police, suddenly beat and kicked him 30 to 40 times on the face, back and buttocks with police clubs, their fists and their feet, giving Ju a bloody nose and bruises all over his body. Ju filed his complaint from the ISPS cell.
Police officer Oh and his 2 colleagues denied beating Ju and testified that when they identified themselves as police officers, Ju attempted to resist arrest and escape, thereby prompting them to “only grab Ju’s neck and force him to the ground in order to handcuff him.” Asking that due consideration be given their situation, the defendants also testified that their sudden use of physical force was simply a measure to “preemptively get the upper hand” because they felt that Ju might have been carrying a knife as the crimes had been carried out by a thief armed with a knife.
In the course of the investigation, the NHRC also heard testimony from witnesses present at the internet café when Ju was arrested. The evidence compiled points to the following:
At the time of arrest, the police officers were dressed in ordinary clothes and without identifying themselves as police, grabbed the petitioner from behind and forced him to the ground while kicking and beating him with police clubs, their fists and their feet. The petitioner was not carrying any weapons and made no attempt to flee. The NHRC also discovered that it was only after beating the petitioner for 10 minutes and then handcuffing him that the defendants read the petitioner his Miranda rights. Last, the NHRC found arrest reports recording that the petitioner had bruises and injuries on his face, back and legs when he was booked at the ISPS cell and again at the detention center.
Having established the facts of the case as above and in accordance with article 45: clause 2 of the NHRC Act, the NHRC issued a recommendation to the ISPS Police Chief to take disciplinary action against the police officers involved.
