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Recommended Revision to Security Duty Regulations Relating to Use of Retaining Devices in the Interrogation Room of the Prosecutor [2003] KRNHRC 22 (1 January 2003)

A complaint stating that, twice in March 2002, a security officer of
Prison restrained an inmate with restraining devices such as handcuffs and chain
when that inmate was being interrogated in the interrogation room of the
prosecutor at Branch of District Prosecutor's Officer, on the ground
of Paragraph 1, Article 298 of Security Duty Regulation, which reads, "Security
in the interrogation room shall be secured by use of handcuffs, rope, and the
like on the person being questioned" and Paragraph 2 of the same article, which
reads, "When a prosecutor instructs a security duty officer to leave the
investigation room or release handcuffs, rope, and the like, when necessary for
the purpose of investigation, the officer should reject the request, except when
the officer is ordered to do so by his/her superior." The complainant stated that
because the use of handcuffs and rope under such circumstances is a violation
of human rights, the said provisions should be revised.

Consultation and Advice on Human Rights and Handling of Complaints Chapter 2
After investigation, the Commission found that the provisions of Paragraph 1
and 2, Article 298 of the said regulation, which require use of retaining devices
on the suspect in duress or the accused in the interrogation room of the
prosecutor without exception, and which deprives an investigating prosecutor of
discretionary authority are in violation of personal liberty, far beyond the
minimum extent necessary for investigation and security.

The Commission recommended that the provisions of paragraph 1 and 2,
Article 298 of the regulation be revised such that (1) use of restraining devices
on the suspect in duress or the accused in the interrogation room of the
prosecutor shall be prohibited, except when it is recognized that the suspect in
duress or the accused may resort to violence or escape, and such that (2) the
security officer shall remove the retaining devices whenever the prosecutor
makes a request thereto.