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Recommended Warning for Violations of Criminal Procedures such as Non-notification of Arrest [2004] KRNHRC 30 (1 January 2004)

The complainant filed a complaint stating that he was arrested without warrant on a false
charge during investigation on a case in which the complainant himself filed the accusation,
and he was not given an opportunity to notify his family of the arrest. The Commission
found that the respondent had not notified the complainant's family of the arrest when
making the arrest without warrant on a false charge, and released the complainant in the
afternoon of the next day saying, "Never do this kind of thing again".

The Commission concluded that failure to notify the family of the complainant of the
arrest without a warrant was in violation of paragraph 5, Article 12 of the Constitution and
Article 200-5 and provisions of Article 87 of the Criminal Procedures Act, even the
respondent released the complainant one day after arresting him without a warrant. The
Commission recommended that the respondent be warned.