CIO attempts to forcibly take President Yoon to questioning but returns empty-handed

Reporters wait in front of the president\'s safe house in Samcheong-dong, Seoul, on January 20, when the police\'s special investigation team conducted a search and seizure on the president\'s safe house to secure documents about President Yoon Suk-yeol’s martial law declaration and closed-circuit televisions. Reporter Moon Jae-won

The Corruption Investigation Office for High-ranking Officials (CIO) attempted to forcibly take President Yoon Suk-yeol to questioning from the Seoul Detention Center on January 20 after he continued to refuse to cooperate with the investigation, but failed. Yoon has refused to cooperate with the agency's investigation except on the day of his arrest. The prosecution asked the CIO to discuss the timing of the transfer of Yoon's case on the day.

The CIO’s prosecutors and investigators who visited the Seoul Detention Center to carry out compulsory apprehension procedures to bring Yoon in for interrogation returned empty-handed around 10 p.m. that day. Six prosecutors and investigators from the CIO visited the detention center around 3 p.m. “Due to the suspect (Yoon)'s continued refusal to cooperate with the investigation, the compulsory apprehension did not take place,” the CIO said. “We stopped the interrogation at around 9 p.m. in accordance with human rights protection regulations.” The agency added, “We will proceed with criminal proceedings, including conducting compulsory apprehension procedures once again.”

Earlier, an official from the CIO said, “We have requested (Yoon) to appear for questioning several times since his arrest but he has not responded,” adding, “We are seriously considering taking him to questioning by force.” Yoon did not respond to a request to appear in the CIO office the day before the arrest warrant was issued and also did not respond to a notice to come to the office for questioning at 10 a.m. on that day.

Yoon's defense strongly protested as the CIO tried to carry out compulsory apprehension procedures. Lawyer Seok Dong-hyun said, "Tomorrow (January 21) is the date of the Constitutional Court's pleading, can this be possible?"

Acting Justice Minister Kim Seok-woo told the National Assembly's Legislative and Judiciary Committee on the same day, "There is a precedent that if a suspect who has been issued an arrest warrant refuses to comply with the summons, compulsory apprehension procedures can be executed. However, we need to see whether the procedures can be executed smoothly in reality."

Even if he does not comply with compulsory apprehension procedures, it is difficult to bring the incumbent president into the investigation room by force.

If the CIO decides that it is not possible, it is expected to visit the detention center to question Yoon. In the past, prosecutors also visited former President Park Geun-hye, who was arrested for the manipulation of state affairs. However, if Yoon refuses to do so, the prosecution has no other option. In March 2018, prosecutors attempted to question former President Lee Myung-bak, who was detained, but Lee refused and the case was sent to trial without an investigation.

It is unlikely that Yoon will cooperate with the investigation even if he is brought to the CIO office. He refused to answer any questions during the CIO’s interrogation on the day of his arrest and also refused to read and seal the interrogation report. In this case, the document cannot be used as evidence in court. “It (the unread and unsealed interrogation report of the suspect) may not have any value as evidence, but we understand that it will be compiled into the record in the form of an investigative report and proceed to the court stage,” said an official from the CIO, explaining that even if Yoon exercises his right to refuse to testify, a face-to-face interview is required before prosecution.

After being taken into custody the previous day and put in solitary confinement in the Seoul Detention Center, Yoon was given the number “0010.” He will wear a prisoner’s uniform with the number “0010” written on it.

The prosecution sent a letter to the CIO on the same day to discuss when to transfer Yoon's case. The CIO is willing to investigate Yoon for as long as possible before handing him over to the prosecution, while prosecutors believe that the case should be handed over as soon as possible to prepare for prosecution. The CIO has the right to investigate the president but does not have the right to prosecute, so the prosecution, which is the only one with the power to prosecute, has to bring him to trial.

※This article has undergone review by a professional translator after being translated by an AI translation tool.