The National Human Rights Commission of Korea recommends that police officers adequately inform persons under arrest of their situation and rights
The National Human Rights Commission (NHRCK) recently recommended that all police stations take responsibility for professional handling of warrants and handling of persons under arrest. This recommendation, specifically in response to an incident at Police Station “A” in December 2006, targeted the officers for handling the warrants in both unprofessional and unconstitutional manners.
The complainant, a 55-year-old male identified as “Kim,” filed his case with the Commission in December of 2006. The complainant stated that he had applied for suspect examination and was detained in the police station holding room after the examination held at 14:00 on April 28, 2006. During his stay in the holding room, the complainant alleged that the police officer in charge of his case withheld information about the issued arrest warrant for his arrest, the date of the warrant—which was after the date of the suspect examination—and how the warrant should be executed. The date of the arrest warrant was 09:00 on May 1, 2006. The complaint also stated that the officer withheld this information until he was transferred into prosecution, therefore violating his right to due process.
The respondent, a police officer at Police Station “A,” held that the police officer’s actions were justified. The officer stated that the suspect examination was held on Friday, April 28, 2006 in the afternoon and the warrant for arrest was issueㅇ the same evening. However, the officer alleged that he could not physically obtain the warrant until the following Monday morning. After receipt of the warrant, the officer claims he promptly produced it for the complainant to see, informed him of his rights as a suspect and took a statement of confession from the complainant.
Upon investigation, the Commission concluded that the complainant most likely endured significant stress while in the police holding room, as the decision of the warrant would determine whether or not he would be incarcerated. The Commission believes that the police officer in charge of a case should have immediate notified the complainant of the situation. If it was not possible to deliver the final decision from the court, the police officer in charge was then responsible for ensuring that the person under arrest be fully informed of the pending situation and his or her rights.
The Commission confirmed through investigation that the police officer did not inform the complainant of the warrant review for more than 62 hours after the decision. The Commission further determined that the police officer’s failure to inform the complainant of his rights and his situation shows blatant disregard for the well-being and importance of the situation. Withholding this information from the complainant for over 62 hours is unconstitutional, and violates the complainant’s right to due process, according to Article 12 of the Constitution of the Republic of Korea, and the complainant’s right to information, according to Article 21 of the Constitution. The Commission therefore recommended that the chief of Police Station “A” issue a public statement admonishing the actions of the respondent, and take proactive measures to prevent this situation from reoccurring.
The National Human Rights Commission of Korea was established in 2001 to promote human rights education and defend those who have experienced discrimination, or have had a right violated, in Korea. The Commission offers counseling, full investigation and protection for citizens, along with educational initiatives for organizations.
