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SOUTH KOREA: Police assault a lawyer providing legal advice during protests

July 10, 2008

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-153-2008



11 July 2008
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SOUTH KOREA: Police assault a lawyer providing legal advice during protests

ISSUES: Human rights defenders; police violence; assault
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a lawyer, who provided legal advice at the site of protests, was attacked and severely injured by a shield used by riot police whilst forcibly dispersing protesters on 26 June 2008.

CASE DETAILS: (based on the testimony from the victim)

Mr. Lee Joon-Hyung is a lawyer from MINBYUN-Lawyers for a Democratic Society, a non governmental organisation consisting of hundreds of legal professionals in Seoul, and has taken part in the protest for the last 20 days in order to provide legal advice to arrestees and monitor violence between the police and protesters.

According to the information received, at 1am on 26 June 2008, about 6 lawyers held a flag with the words 'a group of lawyers' and wore vests with the words 'monitoring group of human rights violation'. Out of them, Mr. Lee was positioned on a road near Saemoonan Church in Sejongro to monitor violence by protesters and riot police.

At 2am, a group of riot police forming seven and eight lines began walking towards protesters in order to forcibly disperse them. They also used water from water cannons to disperse those gathered. The riot police drove protesters towards the junction of Gwanghwamun. According to Mr. Lee, riot police ran after the protesters with their police shields erect. Upon seeing this, people started turning and running away. Mr. Lee was worried about people falling down so he shouted to both parties, "slowly!, slowly!". At that moment, an unidentified riot police officer attacked him on the forehead with his police shield causing him to fall unconscious. (See photo 1 -- receiving emergency care on the spot after being beaten. He showed cerebral concussion at this moment and he later said he did not remember what had happened.)

According to witnesses, even after he was unconscious the riot police continued to assault and step on him. A short while later, Mr. Lee was found and immediately taken to Seoul National University Hospital where he regained consciousness an hour later. Due to this attack, his skull and eye socket were fractured and there were injuries to all parts of his face. Bruises were found all over his body. A clear scar caused by the police shield was also found on his forehead. He lodged a complaint to Seoul Central District Prosecutor's Office on July 2.

On the same day, he was transferred to the National Medical Centre located in Euljiro (See photo 2 -- at the hospital) and discharged on July 4. The bone of his forehead and his left eye was fractured and there is a danger that he may lose his eyesight. His face bone is also out of joint. He is currently commuting to the Centre to receive medical treatment and there is pain in his head, neck, shoulder and arms.

ADDITIONAL INFORMATIN:

According to the article 2 (1), 6 and 13 of official regulations on standards of using police equipment, which is an executive order, a police shield is mentioned as police equipment. Police batons, clubs for self-defence, gas vehicles and water cannon vehicles are enumerated in the list of police equipment that may be used in a situation of illegal assembly. However, there is no article in the regulations on whether the police shield should be used in the process of dispersing an illegal assembly.

In addition, according to article 82 (5) ((1)) on the rule of maintenance of police equipment, which is a directive of National Police Agency, police shall pay attention not to use the edge of shields towards important parts of the body, including a persons head.

ADDITIONAL COMMENTS:

Since the public announcement regarding the agreement on importation of beef was publicised on June 25, the number of participants at the candle light vigil have been increasing. Especially on the night of 28 it was reported that at least 300 people were injured as the riot police started forcibly dispersing them. Most of the injured were beaten and assaulted by the riot police with police batons and shields.

Several live internet broadcastings have shown an officer in charge shouting to the riot police to use the police shield to hit the protesters heads. Likewise, supervisors at the protests encouraged police to violently attack every protester although most of them did not use violence. It is broadcast that the supervisors shouted, "I will take responsibility. Cut their heads down with the shield! What are you doing? Cut their heads down!". Even though the role of officers in charge is to calm down participants and police officers at protests in order to prevent both parties from unnecessary injuries during forcible dispersal, the officers would rather instigate, encourage and give authority to use the police shield in dispersing the protest.

SUGGESTED ACTION:

Please write letters to the authorities listed below urging them to investigate and punish those responsible for attacking the victim and provide effective remedies.

Please be informed that the AHRC has written separate letter to the UN Special Rapporteur on the Question of Torture and Human Rights Defenders calling for their intervention in this case.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,

SOUTH KOREA: Police assault a lawyer providing legal advice during protests

Name of victim: Mr. Lee Joon-Hyung, 41 years old, attorney-at-law
Name of alleged perpetrators: unidentified group of riot police
Place of incident: on the road of junction of Gwanghwamun
Date of incident: at 2am 26 June 2008

I am writing to express my deep concerns regarding the attack on a human rights defender while riot police were in process of forcibly dispersing protesters.

According to the information that I have received, at 2am on June 26 Mr. Lee, wearing a vest with the words 'a monitoring group of human rights violation', was on the road at the junction of Gwanghwamun to provide legal advice to the arrestees and monitor violence by the riot police. A group of riot police were also present and ready to forcibly disperse the protesters. Suddenly, as riot police began their operation they beat Mr. Lee with their shields and he fell unconscious. Even after he fell to the ground the riot police continued to assault him with their batons and shields and stepped on him.

From the information received I have learnt that as a result of this assault Mr. Lee was immediately taken to emergency care at Seoul National University Hospital, and later transferred to National Medical Center located in Euljiro. According to the doctor in charge of diagnosing him, his skull and eye socket were fractured and there are injuries to all parts of his face. He was discharged from the Center on July 4 but continues to suffer pains in his head, shoulder, neck and arms and is currently receiving on-going medical treatment. A doctor has also diagnosed possible loss of eyesight due to the bone fracture of his forehead.

I strongly condemn the illegal use of police equipment in the process of dispersing protesters by the riot police, which has caused severe injuries to the victim. The riot police have violated article 82 of the rule of maintenance of police equipment, which is a directive of National Police Agency, stating police shall not strike important parts of the body, such as the head or face with police batons or shields. In addition, the riot police used their equipment on several protesters, as well as several people including volunteers providing medical treatment, who were also indiscriminately injured.

I therefore urge you to thoroughly investigate those responsible for these injuries to the victim so that they are properly prosecuted and punished according to law. I further urge you to investigate the supervisors and officers in charge at the protests who ordered the police to attack protesters with their batons and shields. I also call upon you to provide effective remedy including compensation to the victims. Please keep in mind that effective remedy includes punishment against those responsible.

I would like to remind you of an article regarding policing unlawful assemblies in the UN Basic Principles on the Use of Force and Firearms by Law Enforcement officials, which says, "In the dispersal of assemblies that are unlawful but non-violent, law enforcement officials shall avoid the use of force or, where that is not practicable, shall restrict such force to the minimum extent necessary." Under these circumstances, the police are unable to justify the unnecessary force used in the dispersal of an unlawful assembly which resulted in the injuries of hundreds of people.
 
Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Kim Kyung-Han
Minister
Ministry of Justice
88 Gwanmon-ro, Gwachon-si
Gyonggi Province 427-760
REPUBLIC OF KOREA
Fax: +82 2 2110 3079 / 503 7046
E-mail: webmaster@moj.go.kr

2. Mr. Jeong Sang-Myong
Prosecutor General
Supreme Prosecutor's Office
1730-1, Seocho3-dong
Seocho-gu, Seoul
REPUBLIC OF KOREA
Fax: +82 3480 2555
Tel: +82 2 3480 2000

3. Mr. Eo Cheong-Soo
Commissioner General
Korean National Police Agnecy
209 Migeun-dong
Seodaemun-gu, Seoul
REPUBLIC OF KOREA
Fax: +82 2 365 5797
Tel: +82 2 363 0112
E-mail: cnpa100@police.go.kr 

4. Mr. Lee Myeng-Bak
President
1 Sejong-no, Jongno-gu
Seoul 110-820
REPUBLIC OF KOREA
Fax: +82 2 770 0347 / 770 0001 / 770 2579
Tel: +82 2 770 0018
E-mail: foreign@president.go.kr or president@cwd.go.kr or president@president.go.kr 

5. Mr. Ahn Kyong-Whan
Chairperson
National Human Rights Commission of Korea
16 Euljiro 1-ga
Jung-gu
Seoul 100-842
REPUBLIC OF KOREA
Fax: +82 2 2125 9812 / 2125 9666
Tel: +82 2 2125 9700
E-mail: nhrc@humanrights.go.kr 

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-153-2008
Countries :
Issues :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.