He has criticized the special prosecutor's attempt to execute the arrest warrant for Kim Gun-Hee as "torture," causing a stir.
On the 7th, Professor Park posted on his Facebook page, "Yoon Seok-yeol's re-arrest in prison
He posted a message titled "We oppose the arrest of Yoon," arguing that the special prosecutor's attempt to force Yoon to appear violated the suspect's right to remain silent and the principle of not incriminating himself.
Professor Park emphasized that suspects have the right to remain silent, and that this is an absolute right.
Citing the provision that "no citizen shall be subjected to torture or compelled to testify against himself in a criminal case," he pointed out the "principle of non-self-incrimination," which is the right to refuse to testify against oneself.
He added, "By refusing to appear, Yoon has clearly declared that he is exercising his right to remain silent," and said that forcing the transfer of the case to a special prosecutor in this situation "is essentially a violation of the principle of refusing to incriminate oneself."
"It is nothing more than 'torture,' which we have been trying to prevent at the root." He also said that arrest and detention are only permitted if there is a risk of evidence being destroyed or escape, and that this concern has already been raised about Yoon, who is currently in custody.
Professor Park said that Yoon's guilt is clear, but added, "That does not mean that the principle of non-incrimination or the right to remain silent is being denied."
"We must not abandon principles and human rights in order to catch one Yoon Seok-yeol," he said. "He (Yoon) has already been caught. There is no evidence of guilt for the crimes the special prosecutor is trying to investigate."
"There are already many cases like this. Trying to confirm this through confessions is nothing but 'torture,'" he emphasized once again. Professor Park also mentioned the investigative practices that the prosecution has used up until now.
The power to force those presumed guilty to appear overnight against their will and to hold a trial of public opinion was the core of the power that the prosecution wielded over Korean society,” he said.
Professor Park continued, "Even if the bill to completely strip the prosecutors of their investigative powers (Konsōkanbō) is passed, suspects who have already been arrested will still be allowed to exercise their right to remain silent.
The special counsel's office twice visited former President Yoon, who is currently in detention, on the 1st and 7th.
However, the attempt was ultimately abandoned after Yoon continued to resist, stating that he would not cooperate with the investigation.
About 10 members of the mobile patrol team tried to lift Yoon, who was resisting while sitting in a chair, and remove him, causing him to fall to the floor in the process.
2025/08/08 06:45 KST
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