Kwon Young-guk of Justice Party Receives Suspended Sentence

Kwon Young-guk of Justice Party Receives Suspended Sentence

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7:13:00 PM

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Background of the Case

Kwon Young-guk, a prominent figure in the Justice Party, has recently been sentenced to a suspended six-month prison term following a trial that lasted over a decade. The case stems from events during a rally held under the Park Geun-hye administration in 2015. Kwon was charged with multiple offenses, including obstructing vehicle traffic and assaulting a police officer.

The sentencing occurred on the 9th of last month by Judge Choi Ji-yeon of the 9th Criminal Division of the Seoul Central District Court. The charges against Kwon included violations of the Assembly and Demonstration Act, obstruction of official duties, and general traffic obstruction. This ruling marks the first trial after approximately 10 years of legal proceedings.

Details of the Alleged Offenses

Kwon was indicted for allegedly exceeding the reported number of participants and conducting an unregistered march during the “Resolution Rally to Stop Labor Reform” held in the Cheonggyecheon area of Jung-gu, Seoul, on September 23, 2015. During this event, he ignored the police’s dispersal order, which led to charges under the Assembly Act. Additionally, Kwon was accused of striking a police officer twice on the head with his hand while the officer was performing crowd control duties.

On September 19 of the same year, Kwon faced further charges related to general traffic obstruction. He was alleged to have occupied all lanes in both directions of the Jongno 3-ga intersection with around 3,000 rally participants during the “Resolution Rally to Stop Structural Labor Market Reform” held in the same area of Seoul.

Legal Proceedings and Trial

The prosecution referred Kwon to trial in 2018 on charges of obstruction of official duties, violation of the Assembly and Demonstration Act, and general traffic obstruction. During the trial, Kwon denied the charge of assaulting the police officer, claiming that the incident occurred while he was waving his arm to block tear gas during a protest against what he considered an unjust dispersal of the rally.

However, the court found Kwon guilty of assaulting the police officer based on the officer’s testimony and video evidence. It also determined that he violated the Assembly Act. Despite these findings, the court acquitted him of the general traffic obstruction charge, stating that he was merely a passive participant in the event.

Judicial Ruling and Implications

In its ruling, the court acknowledged the importance of freedom of assembly and demonstration in a democratic society, emphasizing the need to protect socially vulnerable groups. However, it also stressed that these rights are not absolute and must be exercised without infringing upon or threatening the legal order of the state and the freedom of ordinary citizens.

The court's decision highlights the delicate balance between protecting individual rights and maintaining public order. While the ruling recognizes the significance of peaceful protests, it also underscores the necessity of adhering to legal frameworks to ensure that such activities do not disrupt the broader social and legal environment.

Conclusion

The case of Kwon Young-guk serves as a significant example of the legal challenges faced by political figures involved in public demonstrations. The court's decision reflects the complexities of balancing individual freedoms with the responsibilities of maintaining public order. As the Justice Party continues to navigate its role in Korean politics, this case may influence future discussions on the boundaries of protest and the legal implications of political activism.

NGO Calls for Nationwide Prison Audit

NGO Calls for Nationwide Prison Audit

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5:01:00 PM

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Addressing Overcrowding and Injustice in Nigeria’s Correctional Facilities

Zarephath Aid, a non-governmental organisation, has raised concerns about the state of Nigeria’s correctional facilities. The group has called for a nationwide audit to decongest prisons and improve the transparency of the justice system. According to the organisation, such an audit would help identify inmates and track the status of their cases, ensuring that the legal process is fair and efficient.

The founder of Zarephath Aid, Mr. Ben Abraham, a legal practitioner, made this call during a press conference titled “The New Legal Year and the Lingering Justice Question,” which was held at the Ikeja High Court in Lagos. Abraham highlighted the persistent issue of overcrowded prisons, where many inmates spend years waiting for their trials. Despite efforts by civil society groups and judicial interventions, the problem remains unresolved.

Abraham urged all levels of the judiciary to collaborate with the Administration of Criminal Justice Monitoring Committee at the federal level and state-level Criminal Justice Sector Reform Committees. He stressed the importance of proper oversight and timely resolution of cases. According to him, key provisions of the Administration of Criminal Justice Act 2015 and state laws require judicial officers to conduct monthly visits to detention facilities and law enforcement cells, followed by reports to the Chief Judge and Attorney-General.

However, he noted that these oversight responsibilities have been lacking in many states and at the federal level, leading to continued illegal detentions and abuse of suspects’ rights. Abraham argued that it is time for stakeholders in the justice sector to set clear expectations and performance benchmarks for the new legal year.

He pointed out that while new legal year ceremonies are often marked by speeches, many Nigerians in remote areas fail to relate to their significance. To them, “justice is beyond long speeches.” They eagerly await the day when they can touch justice or, put differently, when justice can touch them. It is for these people that Zarephath Aid is making its call on the courts and judiciary heads.

Combating Police Brutality and Protecting Civil Liberties

Abraham also condemned the rising cases of police brutality, torture, and extortion. He said that the police’s internal disciplinary mechanisms have failed to curb the trend. “If the courts fail to leash this errancy, another uprising will be upon us sooner than later,” he warned. He added that the civil space is shrinking daily, and the police, sometimes acting at the behest of the executive, target rights activists, critics, and journalists.

The organisation also criticised the Cybercrimes Act 2024, arguing that it is being “inordinately applied to muzzle dissent and silence critics of the government.” Many of the charges under the Act, according to Abraham, are politically instigated. “As long as our courts tolerate this interference and fail to defend citizens’ constitutional rights to free expression, the Act will remain a tool of harassment,” he said.

Abraham urged the judiciary to move beyond rhetoric and take concrete action in defending the rule of law and democracy. He invited the media to join in setting this agenda for the judiciary and monitoring its performance over the next year.

Enhancing Accountability and Protecting Minors

Zarephath Aid also emphasized the need for digital tools to track case progress and improve accountability. An audit of correctional centres would provide accurate data on the number of inmates, including those awaiting trial and those already convicted.

On his part, Zarephath Aid’s Executive Director, Mr. Joseph Ameh, called for collaboration among justice sector agencies. He urged the Minister of Interior, Olubunmi Tunji-Ojo, to extend his reform efforts to the correctional system.

Also speaking, the Gender Rights and Child Officer, Miss Kaylah Abraham, stressed the need to enforce the Child Rights Act and protect minors in detention. She called for expedited handling of children’s cases, stronger independent police oversight, and expanded access to legal aid for minors in conflict with the law.