Police and Prosecutors to Improve Investigative Procedures to Guarantee the Right to Defense for Persons with Developmental Disabilities

Human Rights Commission: Hoping This Will Strengthen the Right to Defense

The National Human Rights Commission of Korea recommended improvements to investigative procedures to ensure that persons with developmental disabilities can fully exercise their rights during investigations by law enforcement agencies, and both the National Police Agency and the Supreme Prosecutors’ Office have stated that they will accept these recommendations. The Commission specifically emphasized that the system of dedicated investigators for cases involving persons with developmental disabilities must be effective in practice.

On May 12, the National Human Rights Commission of Korea announced that the police and prosecutors had sent responses indicating their intention to accept the Commission's recommendations aimed at strengthening the right to defense for persons with developmental disabilities. The police plan to add new provisions regarding the investigation of persons with developmental disabilities to the ‘Rules on the Protection of Human Rights in Police Investigations’ and to amend the rules within the year. The prosecutors also replied that they had developed ‘Sample Indictments in Plain Language for Persons with Developmental Disabilities’ and distributed them to the dedicated prosecution offices at each level for cases involving persons with developmental disabilities.

Previously, the Commission had pointed out that a comprehensive review of training and education systems is necessary to enhance the effectiveness of the dedicated investigation system for persons with developmental disabilities. It also recommended that the police establish investigative rules containing detailed procedures and standards to be followed during investigations involving persons with developmental disabilities, and devise measures to improve the expertise of dedicated investigators. The Commission further urged prosecutors to develop ways to make indictments easier to understand for persons with developmental disabilities.

This recommendation was based on the results of a fact-finding investigation, including interviews with 127 persons with developmental disabilities at correctional facilities across the country since March of last year. An official from the National Human Rights Commission of Korea stated, “We welcome the acceptance of our recommendations by law enforcement agencies,” and added, “We hope these improvements will serve as an opportunity to fully guarantee the right to defense for persons with developmental disabilities.”