Gist of Complaint (2003)
At about 23:00, June 22, 2003, two foreigners robbed a taxi driver only known as Im (who is not a party to this complaint) of KRW20,000 at the pedestrian crossing at Shiheung Crossroads, Shiheung Bon-dong. The respondent charged the victims with the crime of quasi-robbery on the mere basis of their statements while under the influence and the taxi driver's statements even though they were not the robbers in question. The victims are awaiting deportation at the Hwaseong Immigration Processing Center. Since the detention and the planned deportation of the victims were a result of intentional disregard for standard investigation procedure by the respondent, remedial measures are requested.
Determination and Judgment by the Commission
The respondent arbitrarily changed 'illegal alien' in the prosecutor's written order to 'criminal.' The head of the Seoul Immigration Office decided to deport the victims on the basis of the falsified documentation. Therefore, the process can hardly be deemed lawful. The victims have consistently asserted their innocence of the crime and offered an alibi. Accordingly, if the victims are deported without confirmation of their guilt or innocence in the commission of the crime, they will suffer irremediable damage. Thus, the Commission recommended that the deportation of the victims be suspended and that the victims be released from detention.
