101.
Please provide countermeasures to prevent abuse of emergency
arrests, and detailed statistics to confirm just law enforcement of emergency
arrests including obtaining warrants after the arrests and issuance proportion.
Issue 12: Supplementing Legal Grounds for Law Enforcement Officers’
Use of Equipment and Prohibiting Excessive Use
Status
102.
The use of equipment by law enforcement officers, including judicial
officers, should be limited to minimum necessary since it may limit the
freedom of a person’s body and cause torture, depending on the method of
use.
103.
For police officers, legal grounds for the use of equipment is
prescribed in the “Act on the Performance of Duties by Police Officers”, and
for prison officers in correctional facilities, it is stipulated in the
“Administration and Treatment of Correctional Institution Inmates Act” and
subordinate laws. Despite the legal grounds, there are still concerns about
excessive use of the equipment. According to the “Guideline for Use of
Handcuffs”, the police should arrest a flagrant offender with front handcuffs,
not rear handcuffs. In addition, the guideline only stipulates tying ropes
above upper bodies but not lower bodies, which leads to cases that law
enforcement officers such as probation officers arbitrarily bind the upper and
the lower body of the suspect. The NHRCK recommended that the binding
of a suspect in a manner not existing in the guidelines is the use of excessive
equipment that causes pain to a suspect on 9 May 2018 and 20 December
2018.
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