SOUTH KOREA: Conscripted policeman ill-treated after expressing opinion on the internet

Dear friends,

The Asian Human Rights Commission (AHRC) has received information about a young conscripted man who has served as a battle policeman. He has been repeatedly ill-treated by way of disciplinary punishment. This started after he expressed his opinion on the internet, and after asking for a change in his position, on 12 June 2008, to serve in the army.  He was hospitalized as the result of his hunger strike. However, he received another disciplinary punishment for not fulfilling his duty during his hunger strike.

CASE DETAILS:

Mr. Lee Gye-Deok was conscripted on 5 February, 2007 and started serving in the army. On April 12, he was transferred to the battle police operating to arrest a spy.

He requested to be returned to his position in the regular army. The roles of the battle police he viewed with regret. For example, maintenance of clean police stations, drivers for senior police officers, in particular assignment to demonstrations regardless of one’s political opinion or conscience. He made this request to the Commissioner of the National Police Agency and the Minister of Defense on June 12, 2008. He then expressed his opinion on the internet.

While on holiday for two days from June 16, he asked for a meeting with the Commissioner of the National Police Agency by publicly writing an article on the internet. When he returned on June 17, he noticed that all of his colleagues appeared to be writing down many things. Questioning what was going on, one of his colleagues told him that they were ordered to note down any of his behavior relating to neglect of duty or illegal activities.

On June 24, he was detained in a military cell for 15 days, the charge being neglect of duty and disobeying an order.  After detention, on July 8 and 12, he was assaulted by senior colleagues. Subsequently, he received verbal threats from the Commander of 606 battle police of the Yong San Police Station, that he would receive disciplinary punishment as he was responsible for inducing the assault.

He finally received formal disciplinary punishment. He was denied meeting anyone except his relatives and legal counsel, using the internet or leaving the place for 2 months beginning July 9. He went on a hunger strike, not taking even a drop of water, protesting this unjust disciplinary punishment. His health deteriorated drastically, he became utterly exhausted spitting up blood. He finally became unconscious and was hospitalized on July 16. After recovering, he returned to the battle police on July 20. However, when he was hospitalized he was unable to perform his regular duties and for this, he received a second disciplinary detention punishment for 15 days on August 1.

BACKGROUND INFORMATION:

The system of battle police has its roots in the Korean War. The Act on Establishment of Battle Police was enacted on 31 December 1970 to suppress partisans left behind in South Korea during the War. The Act was amended on 31 December 1975 and the mission of the battle police was expanded to operations against spies and assistance to professional police in public security. However, the members of the battle police had been dispatched to places where anti-government demonstrations or labor strikes were taking place. In order to respond to the increasing numbers of assemblies and demonstrations, in1983, when the people suffered under a military dictatorship government, the Act was once again amended and a system of Auxiliary Police was added.

According to the Korean Constitution, it is the duty of every man to serve in the army. Some young men, conscripted, are randomly recruited as members of the battle police. If men are on the waiting list to start their service and thus complete their compulsory duty of national defense and do not want the army but the police, they can apply to become a member of the Auxiliary Police. Finishing a term is considered to be the completion of one’s duty of national defense. However, these young men, from two systems, have been dispatched to suppress demonstrators protesting against the government or government policy.

Four out of nine members from the Korean Constitutional Court expressed, as a minority opinion in 1995 that dispatching the battle police to suppress demonstrators did breach a duty of national defense according to article 39 (1) and (2) of the Korean Constitution.

Several reports found that these young men suffered because of sleep deprivation, poor quality rations and long, heavy-duty labor, which breaches the article on forcible labor of the International Labor Organization. Furthermore, their freedom of conscience has been seriously violated. They are obliged to follow orders from their commanders (professional police officers) to assault unarmed, civilian demonstrators, with police shields and batons and forcibly disperse them.

SUGGESTED ACTION:
Please send a letter to the government authorities listed below. Urge them to return Lee to a position in the regular army and not in the battle police. He can then finish his term without being considered a criminal.

Please be informed that the AHRC has also sent a separate letter to the UN Special Rapporteur on the Question of Torture and freedom of opinion and expression, calling for immediate action in this matter.

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