"Even After Truth Revealed, No Contact Made"…Prosecutor's 'Illegal Detention' Victim to Seek Retrial

Interview with Lee Chigeun, Illegally Detained by Prosecution Over 30 Years Ago
"Still Feeling Like Facing the Wall of State Violence"

"There was no word, no contact at all." Lee Chi-geun (62), a victim of state violence, was still filled with indignation. He worked as a reception clerk at the Seoul District Prosecutors' Office (now Seoul Central District Prosecutors' Office) and was accused as an accomplice of a grade 7 investigator who forged a petition, receiving a sentence of one year imprisonment with two years probation in 1991. However, according to the investigation results by the 2nd Truth and Reconciliation Commission for the Resolution of Past Incidents (Truth and Reconciliation Commission) in July, Lee was falsely accused due to coercive investigation methods such as illegal detention and forced confession during the prosecution's investigation. The Truth and Reconciliation Commission recommended that the government apologize and take measures for damage recovery and restoration of honor related to Lee's case.

Mr. Lee Chigeun (62) was sentenced to one year in prison with a two-year probation in 1991 as an accomplice in a forged petition case, but the Truth and Reconciliation Commission's investigation revealed that he was falsely accused due to coercive investigations such as illegal detention and forced confessions. Mr. Lee plans to file a retrial against the state later this month. /Provided by Lee Chigeun himself

When the Truth and Reconciliation Commission's recommendation was announced, painful memories resurfaced for Lee. He recalled being locked in the prosecutor's office for over a week, threatened by the chief clerk of the prosecution to resign, and the image of his parents struggling after his son fled following the false accusation flashed before his eyes. What helped him overcome these memories and apply for truth verification was the support from those who had helped him so far. Lee said, "Some around me questioned why I had to challenge the prosecution organization," adding, "I wondered if I had made the wrong choice, but thanks to those who always encouraged me, I was able to wait for the Truth and Reconciliation Commission's investigation until the end."

After the Truth and Reconciliation Commission's recommendation, Lee expected the prosecution and other government agencies to apologize to him. However, he has not received any contact regarding an apology or measures to restore his honor to this day. Lee said, "If they had not acknowledged the damage, I wouldn't have had any expectations, but leaving me like this is nothing less than secondary harm," adding, "I still feel like I am facing the wall of violence committed by the state."

Truth Commission recommended damage recovery to 88 national agencies and local governments... but no responses received

Over the past three years, the Truth and Reconciliation Commission has uncovered the truth in various cases, but victims like Lee still have not received substantial damage recovery. According to the Truth and Reconciliation Commission, as of June 30, recommendations for restoration of victims' honor and other measures were made to 88 relevant national agencies and local governments regarding 102 cases of truth verification decisions and one policy recommendation, but not a single response has been received. Despite issuing truth verification decisions on 1,799 cases since its establishment on December 10, 2020, practical recovery measures for victims of state violence have not been implemented. The Truth and Reconciliation Commission can issue recommendations to state agencies regarding damage recovery when state violence is confirmed.

The background to this situation lies in legal limitations. The Basic Act on the Resolution of Past Incidents for Truth and Reconciliation (Truth and Reconciliation Act), first enacted in 2005, stipulates only that state agencies should respect and endeavor to implement the recommendations of the Truth and Reconciliation Commission. Even if state agencies take no action, the Commission has no authority to enforce compliance. So far, the Truth and Reconciliation Commission has not even been able to track the progress of any measures taken by the relevant state agencies regarding the recommendations. A Truth and Reconciliation Commission official said, "Because the Commission is a small and temporary organization, it did not have the authority to compel state agencies to take action." Highlighting this issue, a revised law was passed in the National Assembly in February this year, requiring heads of relevant state agencies to submit implementation plans and results of measures to the Minister of the Interior and Safety when the Truth and Reconciliation Commission issues recommendations. This amendment has been in effect since the 22nd of last month. The Ministry of the Interior and Safety is reported to have recently prepared internal guidelines for implementing the Commission's recommendations through a review committee.

Limited 'Time for the Truth Commission'... Lee Chi-geun to file retrial against the state this month

Kim Kwang-dong, Chairman of the Truth and Reconciliation Commission [Photo by Yonhap News]

Although minimal measures have been put in place, the Truth and Reconciliation Commission does not have much time left. Its term expires on May 26 next year. It can be extended for one more year if necessary, but many tasks remain. According to the Truth and Reconciliation Commission's 2023 first half report, as of June 30, out of 20,146 cases received for processing, only 7,330 have been completed. With less than a year left in its term, the completion rate is only 36.4%. Kim Kwang-dong, Chairperson of the Truth and Reconciliation Commission, announced at a press conference in May that he would push for a one-year extension, but the budget details for next year show unclear commitment. The budget for operating the Commission next year has been cut by half compared to this year, allocated at approximately 3.429 billion KRW. In particular, the budget for the 'Joint Truth Verification' section was drastically reduced from 1.5 billion KRW to 500 million KRW.

Ultimately, Lee has decided to file a retrial against the state this month. Although he is over 60 years old and the fight may be endless, he is determined to reach a conclusion somehow. Lee said, "It has been several months since the state decided to restore my honor, but I don't know what they are doing," adding, "Now, I want the state to correct the violence it committed."