hankyoreh

The National Human Rights Commission of Korea has concluded that the police used excessive force in putting down the candlelight protests and in doing so violated participants’ civil rights. In its formal recommendation, it called on the police to abide by defensive guidelines and to prohibit the use of fire extinguishers, and it called for a warning for National Police Agency Chief Eo Cheong-soo and censure of riot police commanders.

During its almost three-month inquiry, the commission listened to protesters and police and was strict with the way it dealt with evidence, selecting only what clearly qualified as such among the approximately 130 statements it received. It therefore confirms that there were abuses by police, and therefore there rightly should be legal proceedings in response. These are the results of an inquiry by an independent state agency. That being the case, the government and the police should humbly accept the commission’s findings and apologize for the abuse of authority and civil rights infringements.

Still, however, the police and the administration continue to completely disregard the commission’s recommendation. The very day after it issued its recommendation, the Ministry of Justice issued a statement in which it called police action against the candlelight protests “legitimate action” and calmly said there would be no changes in how police respond to protests. Nowhere in the ministry’s attitude do you see any respect for civil rights. The police have already expressed disregard for the results of findings by Amnesty International, which said there were widespread abuses at the same protests. There was also massive coercion against protesters, including the arrest of Internet activists and investigations of mothers who went to the protests with their baby strollers. The government’s attitude, then, is that it just doesn’t care about rights when it comes to shutting up voices of criticism.

The government continues to contradict itself with talk about law and order. As noted by the Human Rights Commission, even when protests are illegal, the police still need to work within certain limits in the course of dealing with them. Laws governing the police do provide for such guidelines. Stomping on female university students with military boots, en masse; hitting people who are running away or are just watching with truncheons; hitting a doctor who is trying to help an injured policeman -- these are things that are not the legal use of police power or in any way legitimate self defense even by the police’s own internal rules. If the police continue to defend their actions by saying such violence was all part of maintaining law and order, then that is the same as saying the country is going to be ruled by fear.

Maintaining human dignity and guaranteeing constitutional rights are a basic part of constitutionalism. If the government really wants to go by the book, it should immediately accept the Human Rights Commission’s findings.

Please direct questions or comments to [englishhani@hani.co.kr]