Statement on the Temporary Special Act on Human Detention, etc.
July 3, 1961
During this period, some people seem to misunderstand that the Temporary Special Act on Human Detention, etc. promulgated on July 2nd, as if it were a permanent measure, and here we will clarify the purpose of the legislation.
In a democratic country, the value of the life of one citizen is invaluable and precious, and that fundamental human rights here must be absolutely respected. Therefore, arrests and house searches are protected by constitutional provisions. However, as a member of the state and society, as well as the people are natural, the basic rights of the people are sometimes naturally restricted by the request of the state society. Therefore, the Constitution and the Code of Criminal Procedure provide emergency detention and search for homes, and restrict access to families and third parties who are not lawyers. In addition, basic constitutional rights can be legally restricted under martial law. Therefore, pursuant to the provisions of the Constitution and the Succession Act, the Military Revolutionary Committee, as the first of Decree No. 10, allows all crimes to be detained and searched without a judge's warrant, and the prompt and decisive processing of the Revolutionary Work is the deadline.
Therefore, as there has been no judge's warrant in the custody of the suspect, he has caused considerable anxiety not only to his family but also to the good general public. However, this measure is inevitable only for the performance of revolutionary work, and I am aware that the national emperor will understand this point. However, given that social security is guaranteed, such emergency measures must be limited to the utmost extent and respect human rights. Therefore, if special laws such as detention can be enacted and house arrests and house searches can be carried out without a judge's warrant, corruption related to national affairs or military affairs prescribed in the "Special Crime Processing Law" Crime under the jurisdiction of the Revolutionary Court, such as anti-revolution, special anti-state activities, and collective violence, and the National Security Law. We have overcome this through anti-industrial violations, and we have also made sure that we receive a judge's warrant for other crimes, as well as for those currently detained. Not only that, but the family and defense counsel designated by the suspect are charged with the crime, even if they can be detained without a judge's warrant. Constraint date and time. Constraint location. We have explicitly notified the authorities within two days of their detention, providing maximum protection for human rights, as well as providing for interviews with lawyers. Therefore, the only practical difference from receiving a warrant is not to disclose the "summary of the alleged facts" to the court.
This is because these crimes are extremely serious and have a significant impact on the security of the national community. Therefore, it is imperative that the entire country prevent the destruction of evidence concerning these crimes and the flight of accomplices.
However, as mentioned above, we have made sure that there are no obstacles to the human rights of suspects who are effectively detained, so please fully understand this point.
However, since this law is a temporary temporary measure in the course of carrying out revolutionary work as prescribed in each of the laws, I promise to abolish this special law and have it return as soon as possible as possible to the National Commission on Criminal Procedure.
Photo Source: blog.daum.net
Source: Office of the President's Secretary