Police Agency "Guidance on Confirming Disability Status and Accompanying Related Persons Before Investigating People with Developmental Disabilities"

Human Rights Commission: "Discrimination in Criminal Justice Procedures Will Decrease"

[Image source=Yonhap News]

[Asia Economy Reporter Gong Byung-sun] The National Police Agency has accepted the recommendation of the National Human Rights Commission and decided to ask about disability status and inform the right to have a trusted person accompany during investigations of individuals with developmental disabilities. Previously, in October last year, the Human Rights Commission recommended that the National Police Agency establish guidelines related to investigations of people with developmental disabilities and devise a method to recognize developmental disabilities at the initial stage of interrogation.

On the 23rd, the National Police Agency responded to the Human Rights Commission in January, stating, "We will make it mandatory to notify the right to have a trusted person accompany individuals with developmental disabilities in the currently drafted 'Human Rights Protection Rules for Police Investigations' and the 'Human Rights Investigation Manual'." The Criminal Procedure Act stipulates that when a suspect has limited ability to distinguish objects or decide and communicate intentions due to a disability, a trusted person may be allowed to accompany them.

Accordingly, the police stated that from now on, at the identification interrogation (identity verification procedure) stage, they will include related questions and procedural guidance in the suspect interrogation records and testimony records to confirm whether the person under investigation has a developmental disability. Furthermore, they will actively guarantee the right to have a trusted person accompany by collaborating with developmental disability support centers and others.

The Human Rights Commission expressed a welcoming stance. The Commission stated, "If the police confirm the presence of a trusted person at the initial stage of interrogation, discrimination arising from failure to recognize developmental disabilities in criminal justice procedures will be significantly reduced."

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