We had a server outage, and we're rebuilding the site. Some of the site features won't work. Thank you for your patience.
imc indymedia

Los Angeles Indymedia : Activist News

white themeblack themered themetheme help
About Us Contact Us Calendar Publish RSS
Features
latest news
best of news
syndication
commentary


KILLRADIO

VozMob

ABCF LA

A-Infos Radio

Indymedia On Air

Dope-X-Resistance-LA List

LAAMN List




IMC Network:

Original Cities

www.indymedia.org africa: ambazonia canarias estrecho / madiaq kenya nigeria south africa canada: hamilton london, ontario maritimes montreal ontario ottawa quebec thunder bay vancouver victoria windsor winnipeg east asia: burma jakarta japan korea manila qc europe: abruzzo alacant andorra antwerpen armenia athens austria barcelona belarus belgium belgrade bristol brussels bulgaria calabria croatia cyprus emilia-romagna estrecho / madiaq euskal herria galiza germany grenoble hungary ireland istanbul italy la plana liege liguria lille linksunten lombardia london madrid malta marseille nantes napoli netherlands nice northern england norway oost-vlaanderen paris/Île-de-france patras piemonte poland portugal roma romania russia saint-petersburg scotland sverige switzerland thessaloniki torun toscana toulouse ukraine united kingdom valencia latin america: argentina bolivia chiapas chile chile sur cmi brasil colombia ecuador mexico peru puerto rico qollasuyu rosario santiago tijuana uruguay valparaiso venezuela venezuela oceania: adelaide aotearoa brisbane burma darwin jakarta manila melbourne perth qc sydney south asia: india mumbai united states: arizona arkansas asheville atlanta austin baltimore big muddy binghamton boston buffalo charlottesville chicago cleveland colorado columbus dc hawaii houston hudson mohawk kansas city la madison maine miami michigan milwaukee minneapolis/st. paul new hampshire new jersey new mexico new orleans north carolina north texas nyc oklahoma philadelphia pittsburgh portland richmond rochester rogue valley saint louis san diego san francisco san francisco bay area santa barbara santa cruz, ca sarasota seattle tampa bay tennessee urbana-champaign vermont western mass worcester west asia: armenia beirut israel palestine process: fbi/legal updates mailing lists process & imc docs tech volunteer projects: print radio satellite tv video regions: oceania united states topics: biotech

Surviving Cities

www.indymedia.org africa: canada: quebec east asia: japan europe: athens barcelona belgium bristol brussels cyprus germany grenoble ireland istanbul lille linksunten nantes netherlands norway portugal united kingdom latin america: argentina cmi brasil rosario oceania: aotearoa united states: austin big muddy binghamton boston chicago columbus la michigan nyc portland rochester saint louis san diego san francisco bay area santa cruz, ca tennessee urbana-champaign worcester west asia: palestine process: fbi/legal updates process & imc docs projects: radio satellite tv
printable version - js reader version - view hidden posts - tags and related articles

Korea: Evicted residents from Yongsan file charges against prosecution for not disclosing

by k Wednesday, Jun. 03, 2009 at 12:32 AM

Residents accuse the prosecutors with dereliction of duty and appeal to the Constitutional Court to end unfair trial

Korea: Evicted resid...
3.gif, image/gif, 360x232

Despite a court’s decision, prosecutors of the Yongsan demolition protest tragedy are doggedly refusing to make public a full quarter of their investigation records, sparking concerns about the fairness of the trial.

The residents who had been evicted from Yongsan and indicted for protesting have accused the prosecutors with dereliction of duty Tuesday and appealed to the Constitutional Court for a ruling.

Six defendants, including Lee Chung-yeon, age 36 and the head of a committee of people fighting the Yongsan evictions, brought a dereliction of duty complaint to the Supreme Prosecutor’s Office against the two prosecutors who investigated and indicted them.

Lee and the others were indicted and have been undergoing trial on charges of having caused February’s tragic fire in Yongsan that killed five residents fighting against their eviction and one police officer.

In their complaint, the defendants say that despite a court decision calling on prosecutors to permit the reading and copying of their investigation notes, prosecutors have refused to do so.

They say that failing to submit investigation records favorable to the defendants amounts to a dereliction of duty, and refusing to turn into the court evidence favorable to the defendants amounts to hiding evidence.

The complainants say that prosecutors have been completely negating the intent of the criminal procedure code and violating the defendants’ right to a fair trial in order to systemically cover up the substantive truth behind the Yongsan tragedy for political reasons.

Prior to this, the 27th Criminal Division of Seoul Central District Court overseen by Han Yang-seok granted permission on March 14 to defense lawyers to read and copy the roughly 3,000 of 10,000 investigation notes prosecutors did not submit to the court, but prosecutors have refused to comply. As a result, the trial has crept along, with the defense team refusing to plead.



Lee and the others also appealed to the Constitutional Court on Tuesday, claiming that their Constitutional right to a fair trial was being violated by the prosecutors’ refusal to turn over investigation notes.

Their petition claims that determining whether the police SWAT team’s operation the day of the tragedy was a legal execution of official duty serves as the core point of contention in the defendants’ trial.

They claim that the unreleased notes contain testimony by police officials that would reveal whether the policy operation was legal or not.

Regarding this matter, a prosecutorial official says because prosecutors, too, cannot use trial notes that they do not make public as evidence, the defense team cannot make an issue of them.

Prosecutors maintain that they will not release the notes dealing with the police since they have nothing to do with the evicted persons’ trial.

Seoul National University law professor Jo Guk says prosecutors must unconditionally release investigation notes except under special circumstances that include national security.

He points out that if the undisclosed investigation material includes parts favorable to the defendants, it would indicate they are being unfairly tried.

Please direct questions or comments to [englishhani@hani.co.kr]

Report this post as:

© 2000-2018 Los Angeles Independent Media Center. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by the Los Angeles Independent Media Center. Running sf-active v0.9.4 Disclaimer | Privacy