Ahn Chang-ho, the Chair of the National Human Rights Commission, emphasized the need for reforms to protect citizens' rights in light of proposed amendments to the Criminal Procedure Act, which include the abolition of prosecutors' supplementary investigative powers.
In a statement on August 13, Ahn expressed concerns that the elimination of these powers could weaken existing oversight functions and make it more challenging to rectify inadequate or insufficient investigations. He stressed the importance of thoroughly discussing a control and rights remedy system to replace the diminished post-investigation oversight capabilities.
Ahn noted, "Investigative agencies hold a unique power that can infringe on citizens' rights while also having the duty to uphold those rights. Designing a system that prevents the abuse of power by investigative agencies while ensuring thorough investigations to uncover the truth is directly related to human rights issues." He asserted that regardless of which agency exercises investigative authority, it is crucial to ensure the legality and accountability of that power to prevent human rights violations.
He further pointed out that significant changes to the subjects and scope of investigative authority have occurred following amendments to the Criminal Procedure Act and the Prosecutors' Office Act in 2020, as well as additional legal changes in 2022. However, he highlighted ongoing issues such as investigation delays, case backlogs, excessive workloads for investigators, reluctance to work in investigative departments, and a decline in investigative expertise. Ahn argued that if the necessary institutional foundations are not adequately established alongside adjustments to authority, the burden will fall on those involved in cases, leading to delays or neglect in protecting citizens' rights.
He concluded by stating that it is essential to carefully examine potential gaps and blind spots in human rights protection that may arise from these institutional changes.
In a statement on August 13, Ahn expressed concerns that the elimination of these powers could weaken existing oversight functions and make it more challenging to rectify inadequate or insufficient investigations. He stressed the importance of thoroughly discussing a control and rights remedy system to replace the diminished post-investigation oversight capabilities.
Ahn noted, "Investigative agencies hold a unique power that can infringe on citizens' rights while also having the duty to uphold those rights. Designing a system that prevents the abuse of power by investigative agencies while ensuring thorough investigations to uncover the truth is directly related to human rights issues." He asserted that regardless of which agency exercises investigative authority, it is crucial to ensure the legality and accountability of that power to prevent human rights violations.
He further pointed out that significant changes to the subjects and scope of investigative authority have occurred following amendments to the Criminal Procedure Act and the Prosecutors' Office Act in 2020, as well as additional legal changes in 2022. However, he highlighted ongoing issues such as investigation delays, case backlogs, excessive workloads for investigators, reluctance to work in investigative departments, and a decline in investigative expertise. Ahn argued that if the necessary institutional foundations are not adequately established alongside adjustments to authority, the burden will fall on those involved in cases, leading to delays or neglect in protecting citizens' rights.
He concluded by stating that it is essential to carefully examine potential gaps and blind spots in human rights protection that may arise from these institutional changes.
* This article has been translated by AI.
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