Arya News - For now, Mr Yoon’s status as a high-profile detainee appears to be shielding him from coercive interrogation — a legal gray area the special counsel has yet to resolve.
SEOUL – Former President Yoon Suk Yeol remains in custody, after a warrant for his detention was issued by a local court amid a special counsel probe into alleged abuse of power and attempts to fabricate a martial law document.
Despite his detention, however, Yoon has yet to be questioned — and investigators say they are unable to force the issue.
The probe, led by special counsel Cho Eun-suk, had aimed to interrogate Yoon shortly after his arrest. But the former president has refused to comply with both voluntary and forced summons procedures, citing health concerns.
The special counsel attempted a forcible summons against Yoon once again, renewing its order for Yoon’s appearance by 2 p.m. on Wednesday. It is reportedly considering whether to indict Yoon without questioning him before the initial 10-day detention period ends Saturday.
Yoon’s legal team says he is unfit for questioning due to diabetes, eye problems and stress exacerbated by the summer heat and a lack of exercise while in confinement. The special counsel disputes the notion, saying Yoon’s treatment at the Seoul Detention Center is consistent with that of other inmates and that no serious health issues were found in medical checks.
For now, Yoon’s status as a high-profile detainee appears to be shielding him from coercive interrogation — a legal gray area the special counsel has yet to resolve.
The Seoul Detention Center has stopped short of using physical force to compel Yoon’s appearance, citing political and legal sensitivities of handling a former president. But according to the Justice Ministry on Wednesday, the center sent a letter requesting personnel support from the special counsel, so that they could mobilize prosecutors or investigators in forcing Yoon to be questioned.
The impasse has slowed the special counsel’s investigation, despite being fast-tracked to start in mid-June and its early momentum.
Yoon’s lawyers argue that the investigation should not hinge on summoning him to the special counsel’s office and suggest that questioning could take place at the detention center instead.
“If questioning is necessary, the location is not the issue,” his attorneys said in a statement. “This forced summons approach violates principles of voluntary investigation and is nothing more than an attempt to humiliate the former president.”
The legal representatives emphasized Yoon’s status as the former president rather than as a suspect.
“There have also been past cases in which special counsel teams visited the detention center to question former presidents,” Yoon’s attorneys said in a text message to reporters on Tuesday.
Former President Park Geun-hye was questioned through an in-person visit at the Seoul Detention Center in 2017. The special counsel team also made multiple attempts to investigate former President Lee Myung-bak, but the interrogation was not conducted due to his repeated refusal to cooperate.
Though additional questioning was not successful, Lee was indicted with detention in 2018.
The special counsel team can dispatch its prosecutors and investigators to the detention center where Yoon has been held. But the legal circle believes this is unlikely, as Yoon previously refused to cooperate with the Corruption Investigation Office for High-ranking Officials’ investigation during his first detention period from mid-January to early March.
During a press briefing, assistant special counsel Park Ji-young said, “Yoon and his legal representatives have not submitted any written or verbal statement regarding the investigation to the special counsel. As a result, the special counsel team considers that the suspect is effectively refusing to cooperate with the probe.”
Park explained that though the right to remain silent is protected, refusing to appear for questioning while in custody is not included in the suspect’s rights.
“The suspect, Yoon Suk Yeol, is a former president and a former prosecutor, who should embody the standards of the criminal law and justice system more than anyone. Yet his response is inevitably being presented to the public as an example, setting a precedent,” Park said.
Meanwhile, Yoon’s attorneys filed an appeal with the Seoul Central District Court to request a court review to challenge the validity of the arrest and examine whether the detention followed legal and proper procedures.
The court’s deliberation is scheduled to take place at 10:15 a.m. on Friday.