Legal Assistance Guaranteed During Interrogation

Yesterday, the Highest Public Prosecutors` Office announced that it would allow the suspects to be assisted by their counsels during interrogation. This measure came after a suspect, while in custody of the Seoul District Office of Public Prosecutors, was beaten to death during an interrogation. By allowing the legal assistance to suspects at the stage of interrogation, the office believes, it will be hard in the future for the law enforcement officers to beat or torture the suspects.

The office is reportedly also considering the introduction of some more measures. In the future, the office may subpoena a material witness against his/her will, and relegate the primary investigation of the assault and battery cases to the police.

The prosecution will come up with final versions of these measures by the end of next week, and, once the new attorney general is appointed, will push for revision of the criminal code.

One senior prosecutor said, however, "Those improvements will take some time to be actually implemented. During the legislation process, we have to hold public hearings, and Congress should agree to our proposal. It`s not a matter to be done in one or two days."

A stern opposition by civil rights groups is expected to forcefully subpoenaing material witnesses and penalizing them for their false statement on the charge of obstruction of justice. The groups point out that the new systematic devices might abridge the civil rights of the material witnesses.

The office tries to include, in its bill for improvements, the right to punish material witnesses for obstruction of justice when they make false statements. According to the highest office, without the measure, the investigative power of the prosecutors would be severely infringed once the new measures to boost the civil rights are in place.

Currently, a material witness is penalized for perjury only when he/she makes a statement during a trial. Therefore, even if the witness makes a false statement during investigation, the prosecutors are not allowed to bring a charge against the witness.

In order to delineate the scope of the legal assistance in interrogation, the office is in close consultation with local DA offices.

Since last year, the Justice Ministry has pushed for the revision of the criminal code in such a way as to allow a limited access to legal assistance to the suspects being interrogated. Under their proposal, a defense attorney can be present at the interrogation as long as the interrogating police officers allow such.

Subpoenaing material witnesses was adopted last year. The special counsel Cha Jong-il used the legal vehicle in investigating the "Lee Yong-ho" scandal.

In addition, the highest office may introduce yet another measure to deter detectives from beating their suspects. Under the measure, even if a DA`s office waives to indict a police officer suspected of torture or assault and battery on a suspect, the suspect can file an appeal on his/her own with the appellate court.

Wi-Yong Jung viyonz@donga.com