Human Rights Commission: "Police Must Guarantee Suspect's Right to Sleep and Rest During Late-Night Interrogations"

[Asia Economy Reporter Gong Byung-sun] The National Human Rights Commission of Korea (NHRCK) has pointed out that the police must comply with related procedures such as the suspect's right to sleep and rest when conducting late-night investigations.

On the 19th, the NHRCK recommended that the police conduct job training related to late-night investigation procedures for officers belonging to the criminal department.

Suspect A, who was arrested at the scene on charges including trespassing, filed a complaint with the NHRCK, claiming that he was subjected to unfair investigation by the responsible police officer after midnight. At that time, the police officer from the criminal department conducted a late-night investigation on A from 12:43 a.m. to 1:47 a.m.

The police officer claimed regarding the complaint that they took custody of A after midnight and conducted the investigation with the complainant's consent. Furthermore, the officer explained that A's spouse was waiting outside, A was in a position to feel wronged about the charges, so a prompt investigation was necessary, and since A's residence was outside the jurisdiction, the late-night investigation was conducted out of necessity.

The NHRCK regarded the police's late-night investigation of A as a violation of the right to pursue happiness. The NHRCK's First Committee on Relief of Rights Violations explained, "The charges against A, such as trespassing, do not meet the exceptional criteria for allowing late-night investigations, such as the urgency of requesting an arrest warrant or the imminent statute of limitations. Considering the circumstances at the time, even if a motive to be released quickly for the benefit of the suspect is recognized, it cannot be considered a legitimate late-night investigation unless the suspect's request and the approval of the person responsible for human rights protection are confirmed."

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