Police Handcuffing Elderly Person Arrested for Picking Persimmons in Another's Orchard Ruled 'Human Rights Violation'

Human Rights Commission Deems It a Violation of Personal Liberty
"Restraints Must Be Removed During Investigations at Police Stations"

The National Human Rights Commission of Korea has determined that police handcuffing an elderly person for an extended period, despite there being no risk of flight, constitutes a violation of personal liberty. On October 2, Yonhap News Agency reported that the commission recommended the head of the relevant police station provide training on the proper use of handcuffs to officers under their command.

According to the commission, Mr. A was previously arrested on suspicion of theft after picking persimmons in a friend's orchard, having been told it was permitted. However, he mistakenly picked persimmons from another person's orchard, confusing it for his friend's. At the time of arrest, Officer B did not handcuff Mr. A, but after transporting him to the police substation, handcuffs were applied. Following the incident, Mr. A's son filed a complaint with the commission, arguing that it was excessive to handcuff his elderly mother, who posed no risk of flight, for such a long period.

Handcuffs. The photo is not related to any specific expression in the article. Pixabay

In response, the officer explained that there had been frequent incidents of suspects fleeing, prompting instructions to actively use police equipment such as handcuffs. Additionally, due to a series of persimmon thefts in the jurisdiction, careful management of arrested suspects was necessary. The officer stated that, considering Mr. A's advanced age, handcuffs were applied to only one wrist and were removed after approximately one hour and twenty minutes.

However, the commission found that, despite Mr. A's old age and the absence of any attempt to flee or display of violence at the scene, handcuffing him for an extended period violated both the principles set forth in the criminal investigation regulations and the guidelines for the use of handcuffs and similar equipment, thereby infringing upon his constitutional right to personal liberty.

The commission stated, "The principle is to remove handcuffs, ropes, and similar equipment while investigations are being conducted inside the police station," adding, "Such equipment may only be used as an exception in cases where there is a clear risk of suicide, self-harm, escape, or assault."