[Photo] Forcing defense lawyers to sit behind suspects during interrogations ruled unconstitutional

The Constitutional Court issued a unanimous ruling that a common practice forcing defense lawyers to sit behind a suspect during a police interrogation is unconstitutional. The case stemmed from an incident that occurred in the Eastern District division of the Busan Prosecutor’s Office in April 2016 when the petitioner, who is a lawyer, was forced by investigators to sit behind rather than next to the suspect. The lawyer claimed that this practice violated suspect’s constitutional right to legal assistance. The court agreed with this claim, writing in its decision that, “During criminal proceedings, the rights of legal counsel to freely participate during the interrogation of a suspect is a fundamental constitutional right that must be safeguarded.” The photo shows a flag waving in front of the Constitutional Court in the Jongno District of Seoul. (by Kim Jeong-hyo, staff photographer)