Arbitrary Questioning by Police Officers Should be Clarified as
Non-Compulsory Procedure
The National Human Rights Commission of Korea (NHRCK) presented its opinion to the National Assembly concerning the provisions on arbitrary questioning included in the Amendment Bill of the Act on the Performance of Duties by Police Officers.
The NHRCK expressed that, in order to prevent human rights abuses, the arbitrary questioning should be clarified as a non-compulsory procedure that a person who is subject to be questioned may refuse to respond and it should be in line with the warrant-requirement principle, meaning that a court-issued warrant should be presented to conduct search and confiscation, and the principle of prohibition of excessive restriction that regulates police restriction to the minimum level for public interest only.
The provisions on arbitrary searches of belongings and vehicles, in particular, could infringe upon physical liberty and privacy, violating the warranty-requirement principle set forth in the Constitution. Furthermore, the provisions on identification that allow police officers to ask for identity information without consent of the person being questioned could undermine the right to remain silent and the right to information privacy.
Therefore, the NHRCK decided to express its opinion to the National Assembly that the arbitrary questioning should be clarified as a non-compulsory procedure that a person asked to be questioned may refuse.
