August 5 - “The military officer who is suspended from work on a charge of insurance fraud should be reinstated to his original position,” said the NHRCK. Calling on the Army Chief of Staff to promptly address this case, the NHRCK emphasized that the military officer was already acquitted of the insurance fraud charge at the first trial in March. Not reinstating this person to his position violates the right to pursue happiness and the freedom of choosing an occupation as well as the principle of giving the benefit of the doubt.
“Although I was acquitted of insurance fraud charges at the military court in March, the Army neither reinstated nor allowed me to participate in other economic activities. The Army argued that this was because military prosecutors appealed my case to the High Court for Armed Forces. However, this decision threatens my right to livelihood,” says the complainant. On the contrary, the Army contends that it is legitimate not to reinstate him before the final court decision is made under the Military Personnel Eligibility Act.
The Military Personnel Eligibility Act stipulates that if commissioned, warrant, or non-commissioned officers are indicted, they shall be suspended from work as long as their cases are pending in court. This is to preempt possible distrust in public administration and to give defendants enough time to prepare for their cases. The NHRCK decided that whether or not to suspend the accused from their work should depend on the severity and relevance of their crimes to their work as well as the risks that citizens would have when the accused continues to work.
In view of the fact that the indicted charges are not directly related to the complainant’s work and that the complainant is recently going through financial problems, the NHRCK concluded that not reinstating the defendant to his position is in violation of Article 10, 15, and Article 27, Paragraph 4 of the Constitution that guarantee innocence until proven guilty, the right to pursue happiness and the freedom of choosing an occupation. Accordingly, the NHRCK recommended that the Army Chief of Staff reinstate the complainant to his position.
