Human Rights Commission: "Peaceful Solo Protests Must Be Guaranteed Even in Front of the US Ambassador's Residence"
[Asia Economy Reporter Lee Gwan-ju] The National Human Rights Commission of Korea has ruled that peaceful solo protests should be guaranteed as much as possible, even in front of diplomatic missions where assemblies are prohibited.
On the 9th, the Human Rights Commission recommended that the chief of the Seoul Namdaemun Police Station conduct job training for police officers in charge of related duties to prevent recurrence and to ensure maximum protection of solo protests.
The petitioner filed a complaint with the Human Rights Commission, claiming that during a relay solo protest criticizing the increase in defense cost-sharing in front of the U.S. Ambassador’s residence in Jeong-dong, Jung-gu, Seoul, from October 25 to 27, 2019, the police tried to suppress the protest and forcibly confiscate cameras. Five people participated in the relay protest, and one other person was responsible for filming.
Police officers from Namdaemun Station, who were managing the site, stopped them as they headed toward the main gate of the U.S. Ambassador’s residence and guided them to conduct solo protests on the sidewalk near the Jeong-dong fountain about 100 meters away. This was because three people, including the petitioner, were accompanying each other, making it difficult to consider it a pure solo protest. The current Assembly and Demonstration Act prohibits assemblies in front of foreign diplomatic missions stationed in Korea. The police also claimed that they considered the fact that there had been a trespassing incident at the U.S. Ambassador’s residence at the time, and that the U.S. State Department had expressed strong concerns and urged the Korean government to strengthen protection efforts.
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However, the Human Rights Commission accepted the petitioners’ claims, stating, "Even if multiple people stayed at the protest site at the same time and place next to a solo protester, if they were only assisting the protester and did not display the power or momentum of a group, it is difficult to consider it an assembly under the Assembly and Demonstration Act." It added, "If it is considered an assembly simply because there are two or more people, the freedom of citizens who have exercised freedom of expression by avoiding the application of the Assembly and Demonstration Act will inevitably be fundamentally restricted." However, the Human Rights Commission dismissed the complaint regarding the confiscation of the camera, considering that a passerby had first requested the deletion of the video.
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