104.
In case of public officials in the Prosecutors’ Offices (prosecutors and
judicial police officers), the use of the equipment is not stipulated in the
“Prosecutors’ Office Act” but only in established rule of the Supreme
Prosecutors’ Office (Guideline for Use of Equipment during Arrest and
Escort), which brings up a problem that fundamental rights are not restricted
by laws but by an administrative rule. In this regard, the NHRCK
recommended in 20018 and 2016 that the legal grounds for the use of the
equipment for prosecution shall be provided by laws, not by administrative
rules.
Questions
105.
Please state your position and reasons in detail on the comments that
law enforcement officers’ guideline for using the equipment under the
current stipulations still excessively violated the freedom of body.
106.
Please explain improvement measures of the criticism that the legal
grounds for the use of equipment should be provided by laws for public
officials in the prosecutors’ offices.
C. New Major Issues
Issue 1: Remedies for Victims of Torture or Ill-treatment by the State
Status
37