Is Former South Korean President Yoon Suk Yeol's Detention Warrant Request Unlawful?

Synopsis
Key Takeaways
- Legal Challenge: Former President Yoon faces serious allegations involving obstruction of justice.
- Defense Claims: His lawyers argue that the detention warrant request is unlawful.
- Political Implications: The case highlights tensions within South Korea’s political environment.
- Special Prosecutor's Role: Cho Eun-suk is investigating Yoon's actions during his term.
- Next Steps: The court's decision on the warrant could shape future political dynamics.
Seoul, June 25 (NationPress) Attorneys representing former South Korean President Yoon Suk Yeol asserted on Wednesday that the request from an independent counsel for a detention warrant against him is an unlawful action that lacks procedural validity and infringes upon his right to a fair defense.
This assertion was made in a formal opinion presented to the Seoul Central District Court, which is anticipated to make a decision on whether to approve the warrant to detain Yoon as early as Wednesday.
The Special Prosecutor Cho Eun-suk and her team submitted the detention warrant request to the Seoul Central District Court on Tuesday, alleging that Yoon had directed the Presidential Security Service to obstruct the execution of a detention warrant issued against him by the state anti-corruption investigative agency earlier in January. They also accused him of deleting phone records related to communications with military commanders regarding his declaration of martial law on December 3.
Furthermore, Cho's team pointed to Yoon's non-compliance with three police summonses for questioning concerning the allegations.
"The former president has yet to receive any summons notice from the special prosecutor. He has not been provided with information regarding the special prosecutor's office, the prosecutor in charge, or the location for questioning," Yoon's attorneys expressed in the written opinion, as reported by Yonhap news agency.
"The request for a detention warrant against the former president, made without adhering to fundamental procedural norms, represents an incomprehensible move and a severe violation of his rights to defense and human rights."
Additionally, they highlighted that it is legally unsound for the special prosecutor to use police summonses as justification for the detention warrant, given the clear separation between their investigative roles.
In related developments, sources indicated that the special counsel probing Yoon Suk Yeol's brief martial law initiative has sought to impose a travel ban on him, as the team pursued a warrant for his detention the previous day.
Led by Cho Eun-suk, the special counsel has filed a request for an overseas travel ban on Yoon with the justice ministry, as part of ongoing investigations into insurrection charges after they took over the case from law enforcement earlier this week.