No Handcuffs When Escorting Minors and Elderly Without Risk of Escape

Police Amend 'Suspect Detention and Escort Rules' Directive
Presumption of Innocence When Dealing with Detainees

Detention center stock photo.

[Asia Economy Reporter Lee Gwan-joo] The police have decided not to handcuff socially vulnerable individuals such as minors and the elderly who pose no flight risk during escort.

On the 23rd, according to the police, the National Police Agency revised and implemented the "Suspect Detention and Escort Regulations" directive, which includes strengthening human rights protection. The amendment requires police officers to treat detainees based on the presumption of innocence and prohibits unreasonable discrimination. Unless the detainee objects, the police are obligated to notify the family about the detainee's personal information. The use of restraints during transfer to the prosecution or court appearances will also be minimized.

In cases where identity is confirmed and there is no flight risk, handcuffs or restraints will not be applied to the elderly, disabled, pregnant women, patients, and additionally minors. For unarrested suspects who voluntarily attend pre-trial detention hearings (warrant hearings), handcuffs and restraints will generally not be used. In particular, ‘inhumane’ restraints such as binding legs together while handcuffed behind the back are prohibited.

Furthermore, when detainees receive external medical treatment but cannot pay due to financial burdens, the police must inform them about medical expense support programs so detainees can utilize them. The directive also includes efforts to ensure detainees' right to health. For foreign detainees who are arrested or detained, if consular officials from their home country request visits, meetings equivalent to those with lawyers will be permitted. A police official explained, "The intent is to restrict physical freedom only to the minimum necessary extent under the principle of prohibition of excess."

Meanwhile, in line with the September enforcement of the "Stalking Punishment Act," the police have completed revisions to the "Criminal Investigation Regulations," organizing detailed implementation plans and related documents for emergency measures to protect victims. In particular, for emergency measures that prohibit the perpetrator's approach, the perpetrator is notified of prohibited acts, punishment regulations, and appeal procedures, while the victim is provided with a rights guide containing personal protection system information.