Husband Halts Investigation and Files Human Rights Commission Complaint
Police: "Followed Regulations and No Procedural Issues"
The husband of a woman who was 8 weeks pregnant and underwent a 5-hour police investigation filed a complaint with the National Human Rights Commission, claiming it was a human rights violation. However, the police explained, “The investigation was conducted lawfully according to procedures, and there were no problematic aspects.”
According to a Yonhap News report on the 27th, a woman in her 30s, Ms. B, appeared at the Sancheong Police Station in Gyeongnam on the 8th to be investigated on suspicion of fraud.
The investigation began around 2 p.m. and lasted about 5 hours, with three 10-minute breaks during that time. Ms. B had previously undergone two investigations totaling approximately 8 hours and 30 minutes, and this was her third police appearance.
Mr. A, Ms. B’s husband, entered the office concerned for his wife and the fetus when the investigation had not ended by 7 p.m., protested to the police, and had the investigation stopped.
Mr. A claimed, “After the second investigation, I learned of my wife’s pregnancy and informed the investigator of this fact just before the third investigation.” He also said, “During the investigation, I repeatedly requested the police to show consideration because my wife was pregnant.”
Ms. B described the situation, saying, “About an hour after the investigation started, my cold sweat began to flow, and my face repeatedly flushed and turned pale.” She added, “After leaving the police station, I had difficulty maintaining my balance, but I was so hungry that I ate first.”
Afterward, Ms. B rested at home for two days, but her condition did not improve, so she visited an obstetrics clinic to check the fetus’s health and received intravenous fluids.
Mr. A said, “I cannot accept forcing a pregnant woman to undergo an investigation for 5 hours without food,” and filed a complaint with the Human Rights Commission. He also requested a review of the investigation at the Gyeongnam Police Agency’s Audit and Inspection Office, claiming Ms. B’s human rights were violated.
Mr. A stated, “I hope thorough education is provided to investigators who show no consideration for pregnant women, and that an investigation environment where basic human rights are protected is established.”
However, the police explained, “We considered the fact that she was pregnant before the investigation and informed her that rest breaks would be guaranteed at any time, so there was no procedural problem.” The police’s position is that there were no particular issues after reviewing the investigation times.
A police official said, “We guaranteed rest breaks and continued the investigation with the consent of Ms. B and the accompanying lawyer,” adding, “The investigation was conducted voluntarily, and there was no violation of regulations.”
According to police investigation guidelines, the actual investigation should not exceed 8 hours. The total investigation time, including waiting, rest, and meal times, must not exceed 12 hours. Rest breaks during the investigation are generally given as 10 minutes every 2 hours.
Additionally, prosecutors or police must grant rest breaks when requested by the suspect, related parties, or their lawyers during the investigation, considering the time spent so far and the health condition of the suspect or related parties, if deemed appropriate.
Furthermore, if an actual investigation lasts 8 hours, no further investigation can be conducted until 8 hours have passed since the end of that investigation. This means that a minimum of 8 hours of rest is guaranteed to the suspect or others after an 8-hour investigation.
However, it has been pointed out that this incident occurred due to insufficient special provisions for exceptional cases such as pregnant women.
Moon Ilhwan, representative lawyer of the law firm Jiseung, emphasized, “Suspects undergoing police or prosecution questioning inevitably experience significant psychological pressure, and socially vulnerable groups like pregnant women feel this even more,” adding, “There is a need to establish detailed manuals that consider socially vulnerable groups.”
Meanwhile, it is known that the police decided not to indict Ms. B due to insufficient evidence in her case.
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