Charges of Official Violence and Abuse of Authority under the Act on Aggravated Punishment of Specific Crimes
Daegu District Prosecutors' Office. / Photo by Juchul In, Asia Economy Yeongnam Reporting Headquarters
[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] Police officers who violated procedures and used violence during the arrest of illegal Thai immigrants suspected of drug sales have been brought to trial.
These Thai nationals were even detained on charges such as drug possession based on evidence illegally collected by the police after the fact, but all were released after the illegal acts committed by the police during the arrest process were revealed.
On the 1st, the Violent Crime Division of Daegu District Prosecutors' Office (Chief Prosecutor Park Hye-young) indicted five police officers from a police station in Daegu without detention on charges of official violence and abuse of authority under the Act on the Aggravated Punishment of Specific Crimes. Additionally, the head of the criminal division of the police station, who was responsible for management, was requested to be disciplined according to relevant laws.
They are accused of using violence, including repeatedly hitting the head of one of the Thai nationals with a police baton and causing injury, without informing them of the "Miranda rights" during the arrest of three Thai nationals suspected of drug sales at a motel in Gimhae, Gyeongnam, on May 25.
On the 3rd of last month, the prosecution received the three Thai nationals suspected of illegal stay and drug possession from the police in custody. While reviewing the case, the prosecution discovered suspicious circumstances of official violence by the police officers and has been investigating.
It is known that the closed-circuit television (CCTV) footage voluntarily submitted to the prosecution by the motel where the incident occurred clearly captured the scenes of police violence.
One of the police officers repeatedly struck the head and torso of a Thai national encountered in the hotel corridor with his arms and legs and stomped on him, and inflicted injury by repeatedly hitting the head with a police baton.
Another officer kicked the face of the same Thai national, who was sitting on the floor with handcuffs on.
Upon confirming these illegal arrests and unlawful searches, the prosecution immediately released the three Thai nationals who were in custody and handed them over to the immigration office. However, the prosecution has requested a travel ban on them for further fact verification during the investigation, but their return is expected to proceed soon according to legally prescribed procedures.
Earlier, on May 23, the police applied for arrest and search warrants against the Thai nationals on charges of drug sales and illegal stay, but the prosecution dismissed the application citing insufficient evidence and the need for further investigation.
On May 25, the police secured evidence through illegal arrests and searches and reapplied for arrest warrants, which the court then issued for the three Thai nationals.
However, after confirming the police’s illegal arrests and searches, the prosecution judged on the 8th of last month that there was no lawful evidence sufficient to maintain detention and released all the Thai nationals, and on the 15th of the same month conducted searches of the police station involved.
The prosecution’s investigation revealed that the police officers proceeded with the arrests ignoring the prosecution’s warrant dismissal and requests for additional investigation, and committed official violence in the process.
However, considering that they are active-duty police officers with no flight risk and that clear evidence such as CCTV footage showing the official violence has already been secured, the prosecution conducted the investigation without detention.
A Daegu District Prosecutors' Office official stated, "This case reveals an inhumane crime of illegal arrest accompanied by official violence during the police investigation of foreigners suspected of drug sales," and added, "It reaffirms the fundamental principle that even illegal foreign residents must be investigated and tried according to due process as prescribed by our constitutional system."
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