SOUTH KOREA: Police allegedly fabricate charges against a man

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that police arrested a man for posting handbills, relating to a candle light vigil,on a wall. They fabricated an investigative report, saying that he hit an officer at the time of his arrest on 5 July 2008, which he has denied.

CASE DETAILS:

Mr. Choi Eun-Gwang took part in an assembly organised by Buddhist monks in front of Seoul City Hall on 4 July 2008.  Here he obtained handbills informing the public that a national candle light rally would be held on the following day, July 5. After the assembly dispersed, he returned home and posted some of the handbills on a wall near his house.

According to information received, two police officers attached to Gwanak Police Station came and informed Mr. Choi that they would arrest him for illegally displaying the handbills.  Being asked, Mr. Choi refuted the reason for his arrest saying, “The District Officer has the authority to control advertisements but how is it that the police can arrest a civilian as a criminal for only posting a bill on a wall?”  A verbal dispute escalated between them. While arguing, the officers allegedly brought him down a few times warning him that he was obstructing a police investigation.

Next, Mr. Choi was asked by the officers to show them his identity card. It was in his house and he went with them to get it. The officers entered his house and checked his card.  They asked that he present himself at the police station laying charges on him for obstruction of a police investigation.  At 2:20am on July 5, the officers arrested him at Bongcheon – 9 dong as a flagrant offender and investigated him at the Bongcheon branch office. They then took him to the Gwanak Police Station and kept him overnight.

On the same day, a prosecutor asked for an arrest warrant from the court charging him with obstruction of a police investigation.  On July 6 the court dismissed the request after hearing the particulars of the incident. Mr. Choi was released that afternoon. It is alleged that when the officers got a statement from him, they fabricated charges against him noting that Mr. Choi beat and assaulted an officer named Mr. Shin.

He lodged a complaint on July 10 with the Seoul Central Prosecutor’s Office asking for compensation for damages from the Seoul Central District Court.

ADDITIONAL INFORMATION:

In this case, posting a handbill on a wall is a minor offence.  According to article 1 (13) of the Act on Punishment of a minor offence, an offender shall be liable to pay less than 100,000 Korean won (USD 100) as a fine, or detention.

According to article 214 of the Criminal Procedure Act, a flagrant offender shall be liable to a fine of less than 500,000 Korean won (USD 500), detention or a minor fine.  An arrest against the offender can be made only if the offender’s residence is unclear based on article 212 and 213 of the same Act.

ADDITIONAL COMMENTS:

Candle light vigils were first started in Chengyecheon by students. Later, they were held in front of the Seoul City Hall.  Over the last two months the number of participants has increased starting from May 25.  Mr. Lee Myeong-Bak, President of South Korea, has made two public apologies with regards to the agreement between the Korean government and the American government on beef imports, offering his regrets that he did not understand the peoples’ request.

The President and the Prime Minister have publicly stated that the rallies are illegal. The Commissioner of the National Police Agency and the Prosecutor General have stressed that they will forcibly disperse people who take part in the rallies and rigorously investigate them. They have imposed various restrictions on the activists (See further AHRC-UAC-152-2008).  In forcibly dispersing the demonstrators, several, including a lawyer providing legal advice on the spot, were injured. (See further AHRC-UAC-153-2008)

Meanwhile, on July 14, MINBYUN-Lawyers for a Democratic Society, a non -governmental organisation of lawyers, together with other organisations, jointly submitted cases of human rights violations  occurring during recent protests. They were sent to the United Nations Special Rapporteurs calling for their intervention.

SUGGESTED ACTION:
Please write letters to the authorities below urging them to investigate the fabrication of charges against the victim and to ensure payment in compensation for damages.

The AHRC has written a separate letter to the UN Special Rapporteur on the Right to Freedom of Opinion and Expression regarding this matter. 

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