For anyone who wonders which nation has the best police in the world, the following may give you an answer: the Korean police definitively protected at least six female protesters from committing suicide in custody by forcing them to remove their bras.
According to information received by the Asian Human Rights Commission (AHRC), one 26-year-old female protester was arrested by the police. She was charged with violating the Act on Assembly and Demonstration, while attending the 100th candlelight protest held in Seoul on August 15. While putting her in the lock-up at the Mapo Police Station in Seoul, the police forced her to remove her bra, despite her repeated refusals. The police returned it to her only after a lawyer made a complaint about the incident on the morning of August 16. On the same night, other five female protesters were also forced to remove their bras in the Gangnam police station in Soul despite their refusal. These women stayed in the lock-up for about 40 hours without wearing a bra until they were released on August 17.
The police justified their behavior saying that they did so according to the regulation to prevent them from committing suicide. Ironically, the police did not consider the facts that they are not serious criminals; have no previous record of attempting to commit suicide; no history of mental disease. Furthermore they would be released within 48 hours after their arrest. The regulation the police referred to says that the police may collect items such as a belt or a necktie when there is a serious concern that an inmate may commit suicide or inflict injuries upon oneself.
The police also claimed that they ask a woman to remove her bra in concern for her security in a situation where she would be detained over 48 hours or she would be detained in the lock-up alone. However, the AHRC confirmed that five women detained at the Gangnam police station were detained together with two others and were all released within 48 hours. The AHRC was also informed that the women were not violent nor did they show any psychological instability, whereupon the police would have to implement this regulation. It is reported that this inhuman practice is being implemented at considerable numbers of police stations in Seoul.
The AHRC is of the opinion that forcing the women inmates to remove their bras is cruel and inhuman treatment. It is prohibited by the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) to which Korea is a state party. This is a good example that the Korean police arbitrarily implemented the regulation on the women arrestees beyond their mandate. It is also a clear form of sexual harassment violating the rights of women.
After facing huge public criticism about the incidents, the police announced that they would review the relevant regulation to prevent similar incidents in the future. However, the police have made no official apology to the women concerned, nor have they taken disciplinary action against the responsible police officers. Instead, one senior investigating officer at the Gangnam police station reportedly told a local newspaper that the women concerned voluntarily removed their bras. He also said that if the women felt serious humiliation and claimed they would rather die than remove their bras, the police will not force them to do so. He further said that a persons life is the most important, rather than any of human rights.
The AHRC is delighted by the Korean polices firm commitment to protect the lives of women. We may soon hear the news that the Korean government introduced a law prohibiting women from wearing a bra to protect their lives in near future.
The Korean police have shown a perverted enthusiasm in protecting public order and security as it continues action against the ongoing candlelight protests for over three months. On August 15, the police used colored water from movable water cannons to identify illegal bad candlelight protesters from good citizens and harass those whom they considered were disturbing public interest and order. Eventually, the police indiscriminately arrested 157 persons within one night. The Korean government has forgotten that those protesting and those arrested are also citizens of Korea and they have the freedom of assembly guaranteed under Article 21 of the Constitution of Korea and Article 21 of the ICCPR.
The AHRC is also gravely concerned by reports from Korean civic groups that the police did not follow the Miranda rule and used excessive force in several cases at the times of arrest. The groups further said that the police indiscriminately arrested anyone whose clothes were colored by water cannons, without confirming whether they participated in the protest or not.
The National Human Rights Commission of Korea decided, on July 11, to have a suo motu inquiry into the allegations of excessive use of force by the police and the violation of the rights of candlelight protesters. The NHRC has the power, in defending the human rights of citizens, to take notice on its own, of serious human rights violations, even though no complaints are received. Before the NHRC made this decision, all 14 members of the Human Rights Advisory Committee of the Korean National Police Agency resigned this June, as a symbolic action, to demonstrate their strong protest and concern over the excessive use of force by police in handling the candlelight protesters. Regardless, the use of excessive force on protestors by the Korean police has not decreased at all and in fact is escalating. This raises serious concerns about the Korean governments commitment to human rights as an elected member of the U.N. Human Rights Council.
Until very recently, Korea was not only a successful economic model but also a successful model of democracy and human rights in the Asian region. Democracy in the country today has been achieved at the expense of the lives of many Korean citizens. Unfortunately, events such as those mentioned above are holding Korea back from moving towards greater democracy and human rights.
The AHRC strongly urges the Korean government to make an official apology to the women concerned and take necessary and immediate action to prevent ill-treatment of protesters at the time of their arrest and while in police custody. We also demand that the Korean government stop using arbitrary and excessive force to repress peaceful protesters. The Act on Assembly and Demonstration, which has been seen as excessively limiting the right of assembly, should be amended. The Act should meet international human rights standards and its arbitrary implementation for protesters should be restricted. We also demand that the Government immediately conduct a full inquiry into the violent acts of the police force and hold these responsible to account according to the law.
