By Kim Tae-jong
Staff Reporter
The disabled, children and foreign nationals will be allowed to have their family members present when they are investigated by the police and prosecution to protect them from discrimination.
The Ministry of Justice Tuesday said the new decree on the investigation of the mentally and physically challenged, minors and foreign nationals will come into effect immediately.
The decree is aimed at stopping discrimination as these people may have difficulty in making themselves clear and require assistance during an investigation, an official from the ministry said.
``It is a necessary step as cases of disabled citizens and juveniles who have experienced discrimination during investigation have been reported,'' said Lee Myung-jai, public relations director of the National Human Rights Commission. ``We hope the new law can help the socially underprivileged get properly protected and treated.''
Those being investigated can apply for the presence of their family during questioning if needed or a prosecutor can appoint a family member and let them be present.
But the rule seems to have vague exceptions, which can be abused. The decree allows investigators to order family members of those under investigation to leave a questioning room if they make unnecessary comments or interfere with the investigation. They can also reject the request for family members to be present because of possible information leaks if the investigation is deemed confidential.
``Exceptions always leave the possibility of abuse. So we need to keep an eye on how the law can be applied to protect minorities,'' Lee said.