The National Human Rights Commission (NHRC) interviewed 127 people with developmental disabilities at correctional facilities nationwide and found that 100 of them (78.7%) were questioned by police alone.
The National Human Rights Commission (NHRC) announced on the 12th the results of an ex officio investigation on the right to defense for people with developmental disabilities. The National Human Rights Commission (NHRC) said, "Only 27 of those interviewed received assistance from a trusted person, and among those questioned alone, there were cases where the person could not read or write at all or could not communicate."
The National Human Rights Commission (NHRC) also said, "A significant number of interviewees experienced economic and social hardships such as domestic violence, running away from home, and life in protective facilities," and noted, "There was no one who could accompany them as a trusted person in cases where both parents had intellectual disabilities or the guardian was an elderly grandparent."
Based on the results of this ex officio investigation, the National Human Rights Commission (NHRC) assessed that systems are needed to require investigative agencies to determine whether a person has a developmental disability and to mandate the presence of a trusted person.
The National Human Rights Commission (NHRC) recommended to the commissioner of the Korean National Police Agency the following: ▲ establish "investigation rules for people with developmental disabilities" that set detailed content and procedures for the entire investigative process involving people with developmental disabilities ▲ review the current system of dedicated investigators for people with developmental disabilities and prepare measures to enhance expertise ▲ collect and analyze related statistics and disclose them regularly.
The National Human Rights Commission (NHRC) also recommended that the prosecutor general prepare specific measures to make indictments easier for people with developmental disabilities to understand.
The National Human Rights Commission (NHRC) said, "A comprehensive reexamination is needed of systems to guarantee the right to defense for people with developmental disabilities in investigative agencies," and added, "The prosecution and police should comprehensively review education and training systems and allowance support measures to secure the effectiveness and expertise of the dedicated investigation system and back it up with institutional support."
As of 2024, registered people with disabilities in Korea account for about 5.1% of the population, and 10.7% of all registered people with disabilities have developmental disabilities. The number of cases involving people with developmental disabilities handled by police over one year reaches about 11,000.