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NHRCK recommended to refrain from using handcuff on people with disabilities
Date : 2017.11.17 00:00:00
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o National Human Rights Commission of Korea concluded that it is violation of personal freedom that a person with visual disability who turned himself in was handcuffed to be transported and recommended to the head of the 00 police station to conduct education on human rights of people with disabilities for police officers. It also recommended to the Prosecutor General to supplement the Guidance of Usage of Equipment in Arrest and Transport, Etc.
o The Complainant who turned himself in, after being wanted for not paying fine, has grade 1 visual disability which means he cannot see at all. He filed a complaint to NHRCK that polices officers from 00 police station and prosecutors officer caused pain by handcuffing him during the process of transport despite his claim that there’s no chance of him running away. Complainant argued that it is discrimination and human rights violation against people with disabilities.
o Investigation of NHRCK showed that the respondents handcuffed him for transportation despite the Rule on Detention and Transport of Suspect which prescribes that police officers should refrain from using handcuff on people whose residence and identity is confirmed and chance of running away is small.
o It is confirmed that staff of 0000 prosecutors office use equipment such as handcuff on people with visual disability. NHRCK concluded such practice is due to lack of provision regarding usage of handcuff on people with disabilities in the Guidance of Usage of Equipment in Arrest and Transport, Etc. and recommended to supplement the Guidance.
