Demonstrations have continued since May 2, when the government failed to put an end to the people’s concerns about their right to health. The agreement on beef importation between the Korean government and the United States government is the cause. It is reported that, up to July 31, the police had arrested 1,042 persons on the spot, investigated 9 who were detained, investigated 946 with no detention, transported 56 to court for trial on a minor offence and released 31with a caution. In addition, at least 167 people were arrested on the night of 5th August. They were holding an assembly, asking for renegotiation of the beef import agreement and posing opposition to the visit of Mr. Bush, the President of the United States.
According to information obtained, when about 7,000 people were conducting a candlelight vigil in front of a stream in Cheonggye, police blocked all areas leading to the stream, even the pavement. As people appealed against the police occupation of the pavement they were arrested. As others were forced to move on to the street they were also arrested. As protests were made against this action, police stirred up the people by using foul language and hitting the cones on the street. They then witnessed an arrested person, inside the police vehicle, being assaulted. Lawyers requested an interview with the arrestee but were denied and then pushed aside with police shields.
As some people began holding a protest in the Jonggak area, police started forcibly dispersing them. In the process, the police indiscriminately assaulted, with their shields, any protestors on the pavement. At the same time, a group of human rights protectors, consisting of staff from the National Human Rights Commission, asked for the release of those arrested. It was claimed, that the police in arresting the protesters violated the Act on Assembly and Demonstrations. They, likewise, were pushed aside by the police.
Several journalists and media personnel, wearing helmets and armbands indicating that they were from the ‘PRESS’, were also allegedly assaulted with police shields. One of the journalists appealed against this assault and for this was again hit on the head many times with a shield. Photographers were prevented from trying to take pictures of the police arbitrarily assaulting and arresting protestors in the process of dispersal. Subsequently, a police officer took photos of protestors without a proper warrant from the court. When a journalist questioned the reason for taking a photo of him, the officer responded, “We are taking your photos because your action in warding off police shields is illegal”.
On August 4, prior to these arbitrary arrests, thirty -six university students holding a press conference were arrested. It was alleged that they did not inform the police about their intention to hold a press conference. However, it is general knowledge, that holding a press conference does not require that the police be informed, according to the Act on Assembly and Demonstration. When being asked about these arrests, police attached to Suwon Jung-bu Police Station stated that, “they consider the participants in a press conference as assembling illegally, especially if there are slogans and political opinions are expressed.”
The reasons behind these repeated, arbitrary police arrests, has to do with the volume or sheer numbers of people arrested. On August 6, the Seoul Metropolitan Police Agency announced that money will be paid to officers depending on the number of people they arrest and calculated retroactively into their pay packets starting from May 2. According to the plan, an officer will be paid 20,000 KRW (USD 20) for a person arrested and investigated without detention and 50,000 KRW (USD 50) for a person arrested and investigated with detention. The plan was criticised and changed to a quota system which accumulates the number of arrests and later provides rewards for the officers.
The Asian Human Rights Commission is appalled at this plan and strongly urges the police to rescind it. It further urges the police not to implement a policy of award similar to the plan that they have already rejected. This policy can never stop arbitrary arrests and detention because they are systematic; instead, it will cause a deterioration in the current situation. It will encourage the police to indiscriminately arrest a person, even simple participants, including minors. These arrests should be done according to the law and not according to their own discretion, on the spot. The police need to differentiate between assemblies that are illegal but peaceful from assemblies that are violent.
The AHRC urges the government to promote and allow freedom of assembly, by not forcibly blocking avenues to an area and respect assemblies by not suppressing them. It further calls upon the police to stop obstructing the work of journalists, media personnel and the civil press and to protect the activities of human rights defenders. This includes lawyers and staff from the National Human Rights Commission. Human rights violations by the police would then be properly monitored and prevented.
Let us consider the remarks made by Mr. Kim Seok-gi, newly appointed commissioner of the Seoul Metropolitan Police Agency, in his inauguration speech. He made the strong statement that the police will arrest every last protestor when activities arise which destroy law and order. The AHRC points out that it is up to the police to show how to abide by law and order in the process of arrest and dispersal of protestors.
