CIO backtracks on transferring execution of Yoon's arrest to police

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CIO backtracks on transferring execution of Yoon's arrest to police

Published: 06 Jan. 2025, 18:33 Updated: 06 Jan. 2025, 19:05

CHO JUNG-WOO
[email protected]

Audio report: written by reporters, read by AI

Lee Jae-seung, deputy director of the Corruption Investigation Office for High-ranking Officials, speaks during a press briefing at the government complex in Gwacheon, Gyeonggi, on Dec. 9, 2024. [NEWS1]

The Corruption Investigation Office for High-ranking Officials (CIO) said it would cooperate with the police to execute a warrant to detain impeached President Yoon Suk Yeol over his short-lived declaration of martial law last month, backtracking on its decision to ask the police to take over the warrant execution on Monday.

In a notice to the press on Monday afternoon, the CIO said that it "stands with" the police's National Office of Investigation (NOI) in affirming that "investigations into such a crucial case should be conducted without any controversies."

"We will consult with the police within the framework of the joint investigative headquarters to ensure the execution is carried out thoroughly," the CIO added.

Earlier on Monday, CIO Deputy Director Lee Jae-seung said during a press briefing that the agency decided to ask the police to take the lead in executing the arrest warrant against Yoon, while the state-run anticorruption agency remains in charge of the case.

“After thorough contemplation, we decided to let the police’s NOI handle the warrant execution for a prompt and efficient process, considering their professionalism in warrant execution and the unity of the command system on-site,” Lee said.

“Under the Criminal Procedure Act, a detention warrant is to be executed by the police under the command of a prosecutor,” he said, adding that by command, it legally means "the execution of a warrant can be entrusted" to a police officer.

He added that the decision was made after continuous discussions with the police regarding a reattempt to execute the warrant.

The CIO said the official request was sent around 9 p.m. Sunday, while the NOI confirmed receipt at 7 a.m. Monday.

On Monday, the joint investigative headquarters — comprised of the CIO, police and the Defense Ministry — requested an extension of the warrant from the Seoul Western District Court, as it was set to expire at midnight the same day.

Addressing concerns about whether the extension would be approved, Lee said earlier in the day he saw “no possibility of the court disapproving” the request.

Officials walk by the Corruption Investigation Office for High-ranking Officials headquarters in Gwacheon, Gyeonggi, on Jan. 6. [NEWS1]

The Seoul Western District Court, which had approved the warrant to detain Yoon on charges of masterminding the Dec. 3 martial law declaration, plotting insurrection and abusing presidential authority, dismissed an injunction filed by Yoon’s attorneys to suspend the arrest and search warrants on Sunday.

According to the CIO deputy director, the court's dismissal confirmed that the agency’s warrant request was “lawful” and that it “has the authority to investigate insurrection charges.”

Regarding the failed attempt to execute the warrant on Friday, Lee said the CIO had “not expected such strong resistance” from the Presidential Security Service (PSS) and military personnel, assuming instead that they would “cooperate.”

Lee further noted the CIO’s limited manpower, as the agency has 50 investigators, with a maximum of 30 available for on-site deployment.

On Friday, CIO and police investigators were blocked by around 200 military personnel and PSS officials as they attempted to approach the presidential residence in Hannam-dong, central Seoul.

On Dec. 18, the prosecution transferred the case related to Yoon’s insurrection charges to the CIO to "prevent overlapping investigations." However, if Yoon is arrested, the CIO must transfer the case back after conducting its probes, as the agency lacks the authority to issue indictments.

Yoon’s attorney, Yoon Gap-geun, criticized the CIO’s earlier decision, comparing it to “subcontracting for a construction project.”

In a statement, he said, “Watching the CIO’s investigative behavior that lacks legal grounds raises doubts about its qualifications and abilities as a state agency.”

Baek Dong-heum, a senior official of the special investigative unit at the National Office of Investigation, speaks during a press briefing at the National Police Agency in Seodaemun District, western Seoul, on Jan. 6. [YONHAP]

The CIO’s scrapping of its decision came as the police said they would “work with” the anticorruption agency, stressing that the CIO should execute the warrant due to legal concerns.

“After internal legal review, we concluded that the CIO’s official request to order the execution of arrest and search warrants is legally controversial,” said Baek Dong-heum, a senior official in the special investigative unit at the NOI.

“As such, we will continue to consult with the CIO regarding executing the arrest warrant.”

An official from the special investigative unit, speaking on condition of anonymity, said no cases exist in which the police executed a warrant requested by the prosecution. The official also said the CIO Act exempts prosecutors’ duties mandated by the Prosecutors’ Office Act regarding “direction and supervision of special judicial police officers in the investigation of crimes.”

Additionally, the police are reviewing the potential arrest of PSS officials if they physically block further attempts to execute the warrant. During the initial attempt, police tried to arrest PSS chief Park Chong-jun on-site, but the CIO advised against it to avoid the “risk of physical altercations at the time.”

Meanwhile, Yoon’s legal defense team on Monday filed complaints against 11 officials to the prosecution, including CIO chief Oh Dong-woon, National Police Agency Deputy Commissioner Lee Ho-young and Vice Defense Minister Kim Seon-ho, accusing them of attempting to execute “unlawful” arrest and search warrants through the joint investigative headquarters.

BY CHO JUNG-WOO [[email protected]]