SOUTH KOREA: Police assault a lawyer providing legal advice during protests

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a lawyer, who provided legal advice at the site of protests, was attacked and severely injured by a shield used by riot police whilst forcibly dispersing protesters on 26 June 2008.

CASE DETAILS: (based on the testimony from the victim)

Mr. Lee Joon-Hyung is a lawyer from MINBYUN-Lawyers for a Democratic Society, a non governmental organisation consisting of hundreds of legal professionals in Seoul, and has taken part in the protest for the last 20 days in order to provide legal advice to arrestees and monitor violence between the police and protesters.

According to the information received, at 1am on 26 June 2008, about 6 lawyers held a flag with the words ‘a group of lawyers’ and wore vests with the words ‘monitoring group of human rights violation’. Out of them, Mr. Lee was positioned on a road near Saemoonan Church in Sejongro to monitor violence by protesters and riot police.

At 2am, a group of riot police forming seven and eight lines began walking towards protesters in order to forcibly disperse them. They also used water from water cannons to disperse those gathered. The riot police drove protesters towards the junction of Gwanghwamun. According to Mr. Lee, riot police ran after the protesters with their police shields erect. Upon seeing this, people started turning and running away. Mr. Lee was worried about people falling down so he shouted to both parties, “slowly!, slowly!”. At that moment, an unidentified riot police officer attacked him on the forehead with his police shield causing him to fall unconscious. (See photo 1 — receiving emergency care on the spot after being beaten. He showed cerebral concussion at this moment and he later said he did not remember what had happened.)

According to witnesses, even after he was unconscious the riot police continued to assault and step on him. A short while later, Mr. Lee was found and immediately taken to Seoul National University Hospital where he regained consciousness an hour later. Due to this attack, his skull and eye socket were fractured and there were injuries to all parts of his face. Bruises were found all over his body. A clear scar caused by the police shield was also found on his forehead. He lodged a complaint to Seoul Central District Prosecutor’s Office on July 2.

On the same day, he was transferred to the National Medical Centre located in Euljiro (See photo 2 — at the hospital) and discharged on July 4. The bone of his forehead and his left eye was fractured and there is a danger that he may lose his eyesight. His face bone is also out of joint. He is currently commuting to the Centre to receive medical treatment and there is pain in his head, neck, shoulder and arms.

ADDITIONAL INFORMATIN:

According to the article 2 (1), 6 and 13 of official regulations on standards of using police equipment, which is an executive order, a police shield is mentioned as police equipment. Police batons, clubs for self-defence, gas vehicles and water cannon vehicles are enumerated in the list of police equipment that may be used in a situation of illegal assembly. However, there is no article in the regulations on whether the police shield should be used in the process of dispersing an illegal assembly.

In addition, according to article 82 (5) ((1)) on the rule of maintenance of police equipment, which is a directive of National Police Agency, police shall pay attention not to use the edge of shields towards important parts of the body, including a persons head.

ADDITIONAL COMMENTS:

Since the public announcement regarding the agreement on importation of beef was publicised on June 25, the number of participants at the candle light vigil have been increasing. Especially on the night of 28 it was reported that at least 300 people were injured as the riot police started forcibly dispersing them. Most of the injured were beaten and assaulted by the riot police with police batons and shields.

Several live internet broadcastings have shown an officer in charge shouting to the riot police to use the police shield to hit the protesters heads. Likewise, supervisors at the protests encouraged police to violently attack every protester although most of them did not use violence. It is broadcast that the supervisors shouted, “I will take responsibility. Cut their heads down with the shield! What are you doing? Cut their heads down!”. Even though the role of officers in charge is to calm down participants and police officers at protests in order to prevent both parties from unnecessary injuries during forcible dispersal, the officers would rather instigate, encourage and give authority to use the police shield in dispersing the protest.

SUGGESTED ACTION:

Please write letters to the authorities listed below urging them to investigate and punish those responsible for attacking the victim and provide effective remedies.

Please be informed that the AHRC has written separate letter to the UN Special Rapporteur on the Question of Torture and Human Rights Defenders calling for their intervention in this case.

To support this case, please click here: SEND APPEAL LETTER