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CASE DETAILS: (based on the
testimony from the victim)
Mr. Lee Joon-Hyung
is a lawyer from MINBYUN-Lawyers for a Democratic Society, a non
governmental organisation consisting of hundreds of legal professionals
in Seoul, and has taken part in the protest for the last 20 days in order
to provide legal advice to arrestees and monitor violence between the
police and protesters.
According to the information
received, at 1am on 26 June 2008, about 6 lawyers held a flag with the
words 'a group of lawyers' and wore vests with the words 'monitoring group
of human rights violation'. Out of them, Mr. Lee was positioned on a road
near Saemoonan Church in Sejongro to monitor violence by protesters and
riot police.
At 2am, a group of riot
police forming seven and eight lines began walking towards protesters in
order to forcibly disperse them. They also used water from water cannons
to disperse those gathered. The riot police drove protesters towards the
junction of Gwanghwamun. According to Mr. Lee, riot police ran after the
protesters with their police shields erect. Upon seeing this, people
started turning and running away. Mr. Lee was worried about people
falling down so he shouted to both parties, "slowly!, slowly!".
At that moment, an unidentified riot police officer attacked him on the
forehead with his police shield causing him to fall unconscious. (See
photo 1 -- receiving emergency care on the spot after being beaten. He
showed cerebral concussion at this moment and he later said he did not
remember what had happened.)
According to witnesses, even
after he was unconscious the riot police continued to assault and step on
him. A short while later, Mr. Lee was found and immediately taken to
Seoul National University Hospital where he regained consciousness an
hour later. Due to this attack, his skull and eye socket were fractured
and there were injuries to all parts of his face. Bruises were found all
over his body. A clear scar caused by the police shield was also found on
his forehead. He lodged a complaint to Seoul Central District
Prosecutor's Office on July 2.
On the same day, he was
transferred to the National Medical Centre located in Euljiro (See photo
2 -- at the hospital) and discharged on July 4. The bone of his forehead
and his left eye was fractured and there is a danger that he may lose his
eyesight. His face bone is also out of joint. He is currently commuting
to the Centre to receive medical treatment and there is pain in his head,
neck, shoulder and arms.
ADDITIONAL INFORMATION:
According to the article 2
(1), 6 and 13 of official regulations on standards of using police
equipment, which is an executive order, a police shield is mentioned as
police equipment. Police batons, clubs for self-defence, gas vehicles and
water cannon vehicles are enumerated in the list of police equipment that
may be used in a situation of illegal assembly. However, there is no
article in the regulations on whether the police shield should be used in
the process of dispersing an illegal assembly.
In addition, according to
article 82 (5) ((1)) on the rule of maintenance of police equipment,
which is a directive of National Police Agency, police shall pay
attention not to use the edge of shields towards important parts of the
body, including a persons head.
ADDITIONAL COMMENTS:
Since the public announcement
regarding the agreement on importation of beef was publicised on June 25,
the number of participants at the candle light vigil have been
increasing. Especially on the night of 28 it was reported that at least
300 people were injured as the riot police started forcibly dispersing
them. Most of the injured were beaten and assaulted by the riot police
with police batons and shields.
Several live internet
broadcastings have shown an officer in charge shouting to the riot police
to use the police shield to hit the protesters heads. Likewise,
supervisors at the protests encouraged police to violently attack every
protester although most of them did not use violence. It is broadcast
that the supervisors shouted, "I will take responsibility. Cut their
heads down with the shield! What are you doing? Cut their heads
down!". Even though the role of officers in charge is to calm down
participants and police officers at protests in order to prevent both parties
from unnecessary injuries during forcible dispersal, the officers would
rather instigate, encourage and give authority to use the police shield
in dispersing the protest.
SUGGESTED ACTION:
Please write letters to the
authorities listed below urging them to investigate and punish those
responsible for attacking the victim and provide effective remedies.
Please be informed that the
AHRC has written separate letter to the UN Special Rapporteur on the
Question of Torture and Human Rights Defenders calling for their
intervention in this case.
To support this appeal,
please click here:
SAMPLE LETTER:
Dear ___________,
SOUTH KOREA: Police assault a lawyer providing legal advice
during protests
Name of victim: Mr. Lee Joon-Hyung, 41 years old, attorney-at-law
Name of alleged perpetrators: unidentified group of riot police
Place of incident: on the road of junction of Gwanghwamun
Date of incident: at 2am 26 June 2008
I am writing to express my deep concerns regarding the attack on
a human rights defender while riot police were in process of forcibly
dispersing protesters.
According to the information that I have received, at 2am on June
26 Mr. Lee, wearing a vest with the words 'a monitoring group of human
rights violation', was on the road at the junction of Gwanghwamun to
provide legal advice to the arrestees and monitor violence by the riot
police. A group of riot police were also present and ready to forcibly
disperse the protesters. Suddenly, as riot police began their operation
they beat Mr. Lee with their shields and he fell unconscious. Even after
he fell to the ground the riot police continued to assault him with their
batons and shields and stepped on him.
From the information received I have learnt that as a result of
this assault Mr. Lee was immediately taken to emergency care at Seoul
National University Hospital, and later transferred to National Medical
Center located in Euljiro. According to the doctor in charge of
diagnosing him, his skull and eye socket were fractured and there are
injuries to all parts of his face. He was discharged from the Center on
July 4 but continues to suffer pains in his head, shoulder, neck and arms
and is currently receiving on-going medical treatment. A doctor has also
diagnosed possible loss of eyesight due to the bone fracture of his
forehead.
I strongly condemn the illegal use of police equipment in the
process of dispersing protesters by the riot police, which has caused severe
injuries to the victim. The riot police have violated article 82 of the
rule of maintenance of police equipment, which is a directive of National
Police Agency, stating police shall not strike important parts of the
body, such as the head or face with police batons or shields. In
addition, the riot police used their equipment on several protesters, as
well as several people including volunteers providing medical treatment,
who were also indiscriminately injured.
I therefore urge you to thoroughly investigate those responsible
for these injuries to the victim so that they are properly prosecuted and
punished according to law. I further urge you to investigate the
supervisors and officers in charge at the protests who ordered the police
to attack protesters with their batons and shields. I also call upon you
to provide effective remedy including compensation to the victims. Please
keep in mind that effective remedy includes punishment against those
responsible.
I would like to remind you of an article regarding policing
unlawful assemblies in the UN Basic Principles on the Use of Force and
Firearms by Law Enforcement officials, which says, "In the dispersal
of assemblies that are unlawful but non-violent, law enforcement
officials shall avoid the use of force or, where that is not practicable,
shall restrict such force to the minimum extent necessary." Under
these circumstances, the police are unable to justify the unnecessary
force used in the dispersal of an unlawful assembly which resulted in the
injuries of hundreds of people.
Yours sincerely,
PLEASE SEND YOUR LETTERS TO:
1. Mr. Kim Kyung-Han
Minister
Ministry of Justice
88 Gwanmon-ro, Gwachon-si
Gyonggi Province 427-760
REPUBLIC OF KOREA
Fax: +82 2 2110 3079 / 503
7046
E-mail: webmaster@moj.go.kr
2. Mr. Jeong Sang-Myong
Prosecutor General
Supreme Prosecutor's Office
1730-1, Seocho3-dong
Seocho-gu, Seoul
REPUBLIC OF KOREA
Fax: +82 3480 2555
Tel: +82 2 3480 2000
3. Mr. Eo Cheong-Soo
Commissioner General
Korean National Police Agnecy
209 Migeun-dong
Seodaemun-gu, Seoul
REPUBLIC OF KOREA
Fax: +82 2 365 5797
Tel: +82 2 363 0112
E-mail: cnpa100@police.go.kr
4. Mr. Lee Myeng-Bak
President
1 Sejong-no, Jongno-gu
Seoul 110-820
REPUBLIC OF KOREA
Fax: +82 2 770 0347 / 770
0001 / 770 2579
Tel: +82 2 770 0018
E-mail:
foreign@president.go.kr or president@cwd.go.kr or
president@president.go.kr
5. Mr. Ahn Kyong-Whan
Chairperson
National Human Rights
Commission of Korea
16 Euljiro 1-ga
Jung-gu
Seoul 100-842
REPUBLIC OF KOREA
Fax: +82 2 2125 9812 / 2125
9666
Tel: +82 2 2125 9700
E-mail:
nhrc@humanrights.go.kr
TAKE ACTION NOW
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