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SOUTH KOREA: Farmer dies as a result of the injuries he sustained from police brutality during a rally in Seoul

November 29, 2005

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

29 November 2005
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UA-221-2005: SOUTH KOREA: Farmer dies as a result of the injuries he sustained from police brutality during a rally in Seoul

SOUTH KOREA: Police Brutality; Right to life
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information about a 43-year-old farmer from Boryeong of South Chungcheong Province, South Korea, who died from a cerebral hemorrhage due to a skull fracture on 24 November 2005 after being beaten by riot police during a rally in Seoul on November 15. The rally was organised by the Korean Peasants League (KPL), in protest against the wider opening of the domestic rice market.

The riot police’s brutality against Mr Jeon is not an isolated incident. In recent weeks, riot police have dealt with Korean farmers protesting against the government's liberalisation policies in a brutal and violent manner, causing severe injuries (Refer to the AHRC’s statement AS-121-2005: SOUTH KOREA: Police brutality against protesting farmers must end).

We call for your urgent intervention in this matter. Please urge the South Korean government to take genuine steps to conduct a speedy and impartial investigation into Mr. Jeon's death. The National Human Rights Commission of Korea should be the main body of investigation to ensure its impartiality, as the police themselves are the alleged main perpetrators in this case.  Please also urge the South Korean Government to ensure that the riot police responsible for this brutal act as well as their superiors are held responsible and take effective measures to bring all police brutality to an end.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victim: Jeon Yong-Cheol, aged 43, farmer from Boryeong of South Chungcheong Province, South Korea
Alleged perpetrators: Riot police attached to the Seoul Metropolitan Police Agency
Date of incident: Mr Jeon was injured during a rally in Seoul on November 15 2005 and died from a cerebral hemorrhage due to a skull fracture on 24 November 2005

Mr. Jeon Yong-Cheol, a 43-year-old farmer from Boryeong of South Chungcheong Province, South Korea, died on 24 November 2005 from serious injuries he sustained on November 15 when he was beaten by riot police during a rally in Seoul.

The rally was organised by the Korean Peasants League (KPL), in protest against the government's anticipated rice import deals, which would give nine rice exporting countries greater access to the Korean market in exchange for delaying full liberalisation. Throughout the country, the KPL organised rallies and farmers took to the streets. At this time, Mr Jeon was reportedly beaten on the back of his head, right eye and chest by riot police attached to the Seoul Metropolitan Police Agency during their crackdown at about 7:00pm. Although his external wounds did not seem serious and he left the rally with other protesters without obtaining any medical assistance, on his way home he was overheard speaking to two witnesses, saying that his head was very painful after being hit by a police shield.

On November 17, Mr Jeon collapsed in front of his house and was taken to the Boryeong Asan hospital as he was unable to control his body movements. He was then transferred to the Chungnam National University Hospital, where he was hospitalised and treated for a cerebral hemorrhage. He underwent two brain operations on November 18, but died six days later on November 24.

The cause of death recorded by the autopsy surgeons of the National Institute of Scientific Investigation (NISI) was cerebral hemorrhage due to a skull fracture as a result of a fall. Based on the NISI's autopsy report, the police claim that he died due to a fall in his home after the rally, not from direct blows to the head by the police.

However, a forensic doctor who participated in the autopsy on behalf of Mr Jeon's family has requested another examination, as the group of forensic doctors carrying out the autopsy made no conclusion as to what caused the skull fracture. Until a conclusive and impartial forensic examination is conducted to determine the cause of Mr Jeon's death, it is completely inappropriate for the Seoul police to maintain their version and rush to protect themselves from criticism over the violent way in which they have dealt with protesters during recent weeks.

Meanwhile, a photo of Mr. Jeon, who was semi-unconscious after being beaten by the police and carried by other protesters during the rally on November 15, was discovered (To see the photo, click PHOTO 1). In addition, several witnesses reported that they saw the police behaving violently towards Mr. Jeon. Bae Geom, one of the witnesses, said that Mr. Jeon fell on his back as he tried to prevent the police from charging and the police hit him in the chest and face with their shields.      

An emergency committee composed of 59 civic groups protested in front of the National Police Agency yesterday calling for the resignation of Huh Joon-Young, Commissioner-General of the National Police Agency, and for him to take responsibility for Mr. Jeon's death. The committee said that it will not hold Mr. Jeon's funeral until the cause of Jeon's death is completely disclosed.

Religious groups consisting of human rights panels from Buddhist, Catholic, Protestant and Won-Buddhist sectors also called for a thorough probe into his death on November 28. During a joint news conference at Seoul National University hospital, where Mr. Jeon's body was located, the religious groups claimed that Mr. Jeon died from serious injuries during scuffles with police at the rally and rejected the autopsy report made by the state-run NISI. 

Facing high criticism regarding Mr. Jeon's death, Huh Joon-Young, Commissioner-General of the National Police Agency, suggested the farmers' groups to form a joint fact-finding investigation where a representative from the farmers group could be involved. However, farmers and civic groups refused his suggestion. They said it is nonsense that the police are to investigate the incident as they are the alleged main perpetrators. The group urged the National Human Rights Commission of Korea to lead the investigation to ensure that a fair and impartial investigation be conducted into the incident.

The AHRC is deeply concerned by the death of Mr. Jeon. We strongly urge the Korean government to take an immediate step to conduct a speedy and impartial investigation into Mr. Jeon's death, including forensic reexamination. We also urge the Government to ensure that the riot police allegedly responsible for this brutal act as well as their superiors are held responsible. Effective measures to bring all police brutality to an end must also be taken.

BACKGROUND INFORMATION:

In recent weeks, there have been numerous protests by Korean farmers against the government's liberalisation policies, which anticipated giving nine rice exporting countries greater access to the Korean market in exchange for delaying full liberalisation. These protests have been dealt with by riot police in a brutal and violent manner, causing severe injuries.

The riot police brutality that Mr Jeon was a victim of is not an isolated incident. During the protests at the new U.S. army site in July 2004, many demonstrators were injured. A senior police commander, Mr Lee Jong-woo, was reported to have shouted to the riot police, 'beat, kick and kill the demonstrators'. At that time about 150 demonstrators were injured, but no legal or disciplinary action was taken against Mr Lee, who is believed to be an 'expert police commander' and also supervised the riot police in the rally where Mr Jeon was beaten.

Furthermore, and in a more recent incident, 38-year-old farmer, Chung Yong-pum committed suicide by drinking herbicide in protest against Korea’s agreement with the U.S. and China to double rice imports by 2014.  The Korean government should think seriously about why an individual would take his own life as the ultimate act of protest. Any agreements and schemes for the sake of development that disregard the rights of individuals cannot be sustained and are bound to produce catastrophic results.

SUGGESTED ACTION:

Please send a letter to the persons listed below and express your concern about this serous case.

Sample letter:

Dear _________,

SOUTH KOREA: Farmer dies as a result of the injuries he sustained from police brutality during a rally in Seoul

Name of the victim: Jeon Yong-Cheol, aged 43, farmer from Boryeong of South Chungcheong Province, South Korea
Alleged perpetrators: Riot police attached to the Seoul Metropolitan Police Agency
Date of incident: Mr Jeon was injured during a rally in Seoul on November 15 2005 and died from a cerebral hemorrhage due to a skull fracture on 24 November 2005

I was shocked to learn that 43-year-old Mr Jeon Yong-Cheol died on 24 November 2005, after allegedly being beaten by riot police when he attended a rally in Seoul against the wider opening of the domestic rice market on November 15. The cause of death recorded by the autopsy surgeons of the National Institute of Scientific Investigation (NISI) was cerebral hemorrhage due to a skull fracture as a result of a fall.

While the police maintain their version that the victim died due to a fall in his home after the rally, not from direct blows to the head by police, several witnesses have testified that they saw the police behave violently against Mr. Jeon who was hit on his chest and face with the police's shields.      

In fact Mr. Jeon's case is yet another incident of the police's recent brutality against protesters. As a further example, about 150 demonstrators were injured by the riot police during protests at the new U.S. army site in July 2004.

Under these circumstances, I strongly urge you to order a speedy and impartial investigation into Mr. Jeon's death. The National Human Rights Commission of Korea should be the main body of investigation to ensure its impartiality, as the police themselves are the alleged main perpetrators in this case. Forensic reexamination should be held to find out the actual cause of the skull fracture. I also urge you to ensue that the riot police responsible for this brutal act as well as their superiors are held responsible and to take effective measures to bring all police brutality to an end.

The Republic of Korea is regarded as a model of democracy and development in Asia. The present violence is thus a shock to people around the region, discouraging them in their own fight for democracy and justice. The people of Asia are looking towards the Korean society to set an example of a democracy in Asia where the views and rights of all its citizens, particularly vulnerable groups, are respected and upheld. I therefore urge the Korean government to reconsider trade agreements that impoverish its own farmers and citizens.

I look forward your urgent intervention into this matter.

Yours sincerely,


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SEND A LETTER TO:

1. Mr. Roh Moo-hyun
President, Republic of Korea
#1 Sejong-no, Jongno-ku
Seoul 110-820
REPUBLIC OF KOREA
Tel: +82 2 770-0018
Fax: +82 2 770-0347 or 770-0001/ 770-2579 (for appeal)
E-mail: president@cwd.go.kr

2. Mr. Oh Yong-gyo
Minister of Government Administration and Home Affairs
Central Government Complex
#55 Sejong-ro (77-6 Sejong-ro 1ga), Jongno-go
Seoul 110-760
REPUBLIC OF KOREA 
Tel: +82 2 3703-4288 or 4321
Fax: +82 2 370-35501 or 35526

3. Mr. CHUN Jung-Bae
Minister of Justice
Ministry of Justice
Gwangchon Government Complex
#1 Jungang-dong, Gwachon-si,
Gyonggi Province, 427-760
REPUBLIC OF KOREA
Tel: +82 2 503 7000-1
FAX: +82 2 503 3532/ +822 503 7046 (HR Department)

4. Mr. Jeong Sang-Myeong
Prosecutor General
Supreme Prosecuters' Office
#1730-1 Seocho3-dong, Seocho-gu
Seoul, 137-730
REPUBLIC OF KOREA
Tel: +82 2 3480 2000
Fax: +82 2 3480 2555
Civil affairs office: +822 3480 2509, 2518

5. Mr. Cho Young-hwang
President
National Human Rights Commission on Korea
#16 Euljiro 1-ga, Jung-gu
Seoul, 100-842
REPUBLIC OF KOREA
Tel: +82 2 2125 9700
Fax: +82 2 2125 9811/9666
E-mail: nhrc@humanrights.go.kr 

6. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Atten: Lydie Ventre
Room 3-016, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
Email: lventre@ohchr.org

SEND A COPY TO:

Mr. Huh Joon-Young
Commissioner General
Korean National Police Agency
#209 Miguen-dong,
Seodaemoon-gu
Seoul
REPUBLIC OF KOREA
Fax : +82 2 313 068
E-mail: cnpa100@npa.go.kr


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-221-2005
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.