SEOUL, Oct. 19 (Korea Bizwire) – Interrogating suspects late at night in cases that are not urgent constitutes a violation of the rights to sleep and rest, the state human rights watchdog said Wednesday, advising a police station to redress its practice of late night questioning.
The recommendation by the National Human Rights Commission (NHRC) was made in a petition filed by a man who underwent an interrogation past midnight at a police station in South Chungcheong Province in June last year on a housebreaking charge.
The man filed the petition, saying he had not been informed of his right to refuse late night questioning.
Under the current investigation guidelines, interrogating suspects is prohibited between 9 p.m. and 6 a.m. except in a few urgent cases, including when an urgent decision should be made on whether to seek an arrest warrant or the statute of limitations is imminent.
The NHRC concluded the petitioner’s case corresponds to neither of the exception standards.
The commission also rejected the claim of the police officer who conducted the interrogation that the petitioner complied with the interrogation and the late night questioning was necessary because he was living outside of the police station’s precinct.
“It cannot be seen as a just interrogation as long as it hasn’t been confirmed that either the petitioner requested the questioning or the supervisor of human rights protection for him gave permission,” the NHRC said.
The commission concluded the late night questioning violated the petitioner’s rights to sleep and rest, advising the chief of the police station to provide necessary education to the police officer and colleagues.
(Yonhap)