Even When Dispatched After a 112 Report, Persuasion Needed for Prosecution
Hard to Arrest Distributors
[Asia Economy Reporter Jang Sehee] "Even if there are witness testimonies that ramble or claim that a friend nearby used drugs, the subject's consent is required to conduct a simple reagent test." On the 31st, a police officer from the criminal division of a frontline police station in Seoul expressed his regret. He stated that although the police have declared a war on drugs and launched large-scale investigations recently, there are limitations in arrests at the frontline sites.
◆ Difficult to conduct forced investigations without on-site seizures = Multiple police officers say that persuading subjects who are intoxicated with alcohol or drugs is the beginning of drug investigations. Usually, even if the police respond to a 112 emergency call and arrive at the scene, if no suspected drug substances or equipment such as syringes are found on-site, they cannot initiate forced investigations. Even reports like "It seems they used drugs" or "I heard they recently used drugs" cannot lead to a simple reagent test without the subject's consent. However, if the police clearly confirm drug crime suspicion at the scene, they may make an on-the-spot arrest or emergency arrest and then obtain a warrant separately to start forced investigations. A police official said, "There are cases where the person is clearly intoxicated with drugs but strongly denies it and refuses to undergo testing," adding, "Sometimes they claim that the other party falsely reported them out of ill will and refuse to comply with voluntary accompaniment."
◆ Simple reagent tests cannot detect new drugs = The performance and accuracy of simple reagent kits are also problematic. Currently, the police's simple reagent kits can detect only six drugs: Philopon, marijuana, morphine, cocaine, ecstasy, and ketamine. New drugs or psychoactive substances like THC cannot be detected by these kits. A police official stated, "It is difficult to detect new drugs such as gamma-hydroxybutyric acid (GHB) and psychoactive pharmaceuticals." According to the 'Drug Simple Reagent Kit Error Occurrence Status' received from the National Police Agency, a total of eight errors occurred from January to September last year. Among these, seven cases showed positive reactions in the reagent kits but were negative in the detailed analysis by the National Forensic Service. Especially, many errors were related to ecstasy (MDMA). In tests conducted last year at Gangseo Police Station in Seoul and Gwangju Dongbu Police Station, simple reagent tests showed positive reactions, but subsequent forensic results were negative.
◆ Limitations in location-based arrests = Recently, since drugs are consumed at homes or hotels, it is difficult to crack down without reports. On the 28th, a man in his 30s was arrested and investigated by the police for secretly mixing drugs into alcohol and making a woman drink it at a hotel in Yeoksam-dong, Gangnam-gu, Seoul. It was reported that the woman, feeling abnormal bodily reactions, directly called 119. The police agree that due to social distancing measures from COVID-19, inspections of entertainment establishments have decreased, leading to fewer crackdowns on prostitution and drug crimes. Without executing warrants, there is a burden on investigations themselves, so they mostly catch simple users through voluntary reports. A police official explained, "We do not conduct crackdowns with drugs in mind because separate investigations are burdensome," but added, "There have been cases where drug offenders were caught during crackdowns on gambling and prostitution-related entertainment establishments."
◆ Only 'email cooperation' requests on Telegram = The arrest of drug suppliers is practically at a standstill. The Criminal Division of the National Investigation Headquarters of the National Police Agency conducted intensive drug crackdowns from August to December last year, arresting 5,702 people and detaining 791. Although the number of arrested drug offenders increased by 38.2%, most were simple users. The National Police Agency announced plans to strengthen specialized investigation teams as cases of sales through Telegram increase, but there is virtually no investigative command on this. Frontline criminal division staff only sent emails to the official Telegram address. Often, there is no reply from Telegram, making it difficult to aim for the arrest of distributors in all cases. A police official said, "Regarding Telegram, there are no special investigative techniques other than formally requesting cooperation," and "There are no special guidelines even at the agency level." He added, "We are securing other evidence through cellphone forensic work."
Professor Lee Woonghyuk of Konkuk University's Department of Police Science advised, "When there is clear intelligence indicating drug crimes, active investigations should be allowed on-site," and "Since drug crimes are becoming more sophisticated, legal systems should be established to allow police to conduct sting operations." He also said, "Regarding the increase in drug crimes among teenagers to people in their 30s, it is necessary to consider public interest promotions and mandatory education."
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