[Editorial] Police and Prosecution Both Had the Wrong Man

Nothing is as unfair as being put in jail when you have not done anything wrong. A person's life and character become shattered instantly. It leaves a permanent scar on a person's soul. A Ulsan man in his forties has been released after being arrested on charges of threatening women with a knife and robbing them. It makes you angry to realize that something like that can still happen in this country. He was lucky they found the real culprit, because it is frightening to think of what would have happened otherwise.

The case demonstrates the thorough inadequacy of the both police and the prosecution. Forensics and civil rights were ignored. Each is fighting over whether the police should have the authority to initiate investigations on their own, and this makes that all the pathetic and repugnant. The police arrested a Mr. Han and named him the suspect despite his consistent claims of innocence. You wonder whether the police are in any position to be demanding the right to engage in independent investigations. Furthermore, Mr. Han says his rights were violated, for instance when police made him remove all his clothing. One needs to see a thorough inquiry into what took place and those at fault need to be held responsible.

The prosecution is also in no position to make excuses. It has long opposed giving police independent authority, arguing that without prosecution checks and supervision regarding police investigations there will be no way to prevent civil rights violations. Instead of making sure suspects' rights are protected, however, the prosecution has been a partner in crime abusing them. They indicted Mr. Han without being sure, and even when the real culprit had been arrested they waited a week to release him. Reorganizing the authority and jurisdiction of the police and the prosecution is all a waste anyway if neither side has a thorough sense of mission regarding the protection of the rights of the accused.

The Hankyoreh, 23 December 2005.

[Translations by Seoul Selection]