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
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