The discussion about modulating the parameters of investigative authority between the prosecution and the police is going nowhere. The advisory committee on the matter meets May 2 and so there does remain the possibility that there could be a last minute compromise. Cheong Wa Dae says it is going to get involved if the committee is unable to arrive at a conclusion. Everyone loses if that happens. The discord between the two organizations is going to get serious. It will be hard for the discussion to be true to the goal of making judicial services more beneficial to the people.
The discussion began with questions about how the prosecution has a monopoly on all authority regarding investigations, indictments, and everything else about enforcing the law. The basic direction of the discussion, therefore, must be about granting the police independent investigative authority. The police organization is an entity with its own interests, and there are problems such as corruption and a lack of expertise, which is why giving the police more independence was considered premature. This time around one hopes to see the prosecution's authority limited to punishment and important crimes, and that there is agreement on the basic framework of the police-prosecution relationship, with police investigations being given more autonomy.
The contentious issue is amending Article 195 of the Criminal Suit Law, which defines the prosecution as the entity behind investigations, and Article 196, which says that police investigations have to be directed by the prosecution. The police want to be in charge of their own investigations and make the relationship about "cooperation" instead of "command." The prosecution says it can entrust lighter cases to the police, and that it should be able to direct police cases before the police hand over the accused to the prosecution when there are civil rights violations or requests by those implicated that prosecutors be involved. It says that those details cannot be incorporated into the law, so the law should be kept as is and followed based on different guidelines.
The law cannot be left lacking stipulations about the most contentious issues. If as the prosecution says it is just a matter of legislative technique then there is no way there is no solution. The prosecution needs to be more proactive. It and the police have invited criticism upon themselves about being preoccupied with fights over jurisdiction by provoking each other emotionally, What the country wants to see is that civil rights are better guaranteed and that investigations are done impartially. We hope to see both sides respect that wish and make use of this last opportunity.
The Hankyoreh, 28 April 2005.
[Translations by Seoul Selection (PMS)]
[Editorial] Prosecution Must Ready for Police Independence |
