Former Prosecutor, Hong, etc. Indicted for Illegal Arrest, Illegal Confinement, and Abuse of Power
The National Human Rights Commission (NHRC) indicted prosecutors and investigators to the Prosecutor General for suspicion of illegal arrest, illegal confinement, and abuse of power. The NHRC made a request for an investigation for a suspicion of abuse of power to the Seoul District Public Prosecutor"s Office on 2 judicial police officers and 2 judicial assistant-police officers who prepared interrogation records for a suspicion of abuse of power. Furthermore, the NHRC recommended the Ministry of Justice to prepare a proposal that will reform the current emergency arrest system which has been widely abused. Also, the NHRC requested the Korean Bar Association to provide legal aid for victims so that they can receive appropriate compensations.
This case was brought up by the incident in which one murder suspect, Cho, had died while being interrogated last 26 October 2002. Subsequently, three other suspects who were being held as accomplices to Cho (Chung, Kwon, and another Choi) filed a complaint to the NHRC against the prosecutors and investigators for mistreatment. On 1 November 2002, the NHRC decided to launch the commission initiated investigation on this case.
The respondents forced victims to sign a confession unwillingly by assault and mistreatment. They denied the victims of their Miranda rights and blocked any chance for them to attain legal aid. During the interrogation, the victims denied the murder charges that were brought against them, but were compelled to give false statements to avoid further assault and mistreatment. Such assault and mistreatment led to Cho"s death.
The respondents" acts constitute the crimes of illegal arrest, illegal confinement, and abuse of power under Criminal Procedure Act. Moreover, since their actions resulted in a fatality, they committed a further violation according to the Aggravated Punishment Law on Specific Crimes.
The NHRC focused on the fact that the respondents" acts are customary practices, even though that is unconstitutional. Under the Constitution of Korea, authorities must first obtain a warrant before apprehending a suspect; only in special circumstances may the warrant be waived in order to avoid the complications. In order to eradicate illegal arrests, the so-called "emergency arrest system" was introduced in 1995. However, in order to minimize human rights violations, "the arrest warrant system" must be the foundation for any arrests even in emergency arrests, the legal procedures must be followed.
Currently, the "emergency arrest system" is abused daily: while warrants are just issued to members of the National Assembly or tycoons who are powerful and influential. The number of the suspects who are arrested with proper warrant is far less than the number of suspects who are arrested with the "emergency arrest system" (the ratio is 1:10 and the ratio has been widening each year). Thus, the "arrest warrant" which was supposed to be used as a device to protect human rights, has not been used. Instead, the "emergency arrest system" has been used as a convenience, even though such a system had violated human rights.
The “arrest warrant system” is in name only, while the "emergency arrest system" is widely abused. In order to improve the current state of human rights in Korea, the so-called Emergency Arrest System Guideline must be strengthened and a new system in which warrants should be issued right after a suspect are arrested. Therefore the NHRC recommended the Ministry of Justice to prepare a proposal for reforming the system. As a result of the NHRC request to the Korean Bar Association to provide legal aid, victims will have more opportunity to receive proper compensation.
