3. Case Studies A. Investigation and Remedies: Civil Rights Violation by the Prosecutor’s Office, Police, and Military 1) Recommendation to Improve Management and Use of Handcuffs and Their Quality Standard Although the use of handcuffs during arrest by the police does not correspond to a case of rights violation, the Commission confirmed evidence of personal injuries suffered as a consequence. Complaint of civil rights violation citing the use of handcuffs is the single most frequent cause of complaint (832 cases) and complainants of 157 cases alleged to have suffered injuries. Setting aside validity of the human rights violation claim, the fact that one particular law enforcement method being the target of such enormous degree of grievance is an indisputable evidence of underlying problems of management, use, and quality of handcuffs. Even though the practice is legitimate, a significant number of citizens could have suffered unwarranted pain or damage as a result of the action. Accordingly, the Commission decided it was necessary to take measures for improvement of handcuff quality and its use, regardless of the validity of civil rights violation claim, in order to prevent further suffering and grievance of the public. On November 2, 2011, the Commission submitted its recommendations to the Chief of the National Police Agency for preventing possibilities of civil rights violations incurred by quality, management, and use of handcuffs including replacing traditional metal handcuffs with those modified with non-abrasive materials such as silicone to prevent injuries. The recommendations also included measures for improvement of management and use of handcuffs as follows: i) affirm the ‘double lock’ policy in order to prevent people under arrest from manipulating the handcuffs to self-inflict injuries or suffering unintended injuries caused by handcuff malfunction; ii) affirm the policy of limiting the use of handcuffs to the front of the body; iii) prevent faces and state of being handcuffed from being exposed to the Chapter 3. Investigations and Remedies: Civil Rights Violations 81

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