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● Prosecutor forcing suspect’s signature on an interrogation report
The Commission determined that the act by prosecution investigators to hold a suspect until
he or she agreed to sign the interrogation report violates a suspect’right to defense, guaranteed
under Article 12 of the Constitution, and infringes on the right of a citizen to freedom of action,
which stems from the right to pursuit of happiness under Article 10 of the Constitution. As
such, on 27 October, it recommended to the director of the Prosecutors’Office in question that
a recurrence of similar cases be prevented by training the staff to avoid behaviour that could be
seen as forcing a suspect to sign an interrogation report.
On the day of interrogation and after it had been completed, the complainant had reviewed
process of getting on an elevator to go home, when the prosecution investigator insisted that
time, but fearing unfavourable consequences against him, he signed the document after 5pm and
returned home.
The Commission determined that the complainant had signed the document against his will
because of the psychological pressure imposed by the prosecution investigators, and that the
investigator could have included in the report the complainant’s reason for refusing to sign.
● Detention of a suspect prior to ruling
The Commission determined that detaining suspect against whom a preliminary arrest warrant
had been issued, but whose confinement has not yet been decided, and subjecting them to the
same incarceration process as those who had been sentenced, constitutes an infringement on
personal rights guaranteed under Article 10 of the Constitution.
In this connection, the Commission on 25 November recommended to the chief of the XX
district public prosecutor’s branch office and the chief of the XX district court that, in the event
that a preliminary arrest warrant was issued prior to a decision to arrest, suspects should be
detained in a police station holding cell until such a ruling is made, and that efforts should be
made to improve the current detention practice.
At the jail, detainees are subjected to physical search, collection of fingerprints, cell number,
mugshot, and showering, whereas those detained in a police holding cell undergo a pat-down
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Commission's Major Activities
he sign the report before leaving. The complainant refused to sign it for a significant period of
Part II
the interrogation report for about 50 minutes and at that time, refused to sign it. He was in the