경비경찰과 인권 간의 바람직한 관계에 대한 조망

Abstract

It is countermeasures of guard police dealing with assembly/demonstration and terrorism that are exposed the most to the public in relation to the 'human rights' principle. Although it is important to respond properly to assembly/demonstration and terrorism for public order and safety, we know it from our past experiences and other countries that such police activities could result in serious human rights violations. Since police activities have close ties with our daily lives, high levels of legitimacy and morality are required to guard police as well as other police. 'The people's cane,' a police symbol, implies two things: (1) police force is a law enforcement organization in the front line. (2) police should guard against human rights violations. Police force ought to be the guardian of the human rights because it is a constitutional organization that are expected to protect people's freedom and individual rights. The reason why it is more problematic for human rights violations by police is that more efforts are required to restore the damages done by unlawful police activities. For the reason, it is more important to prevent human rights violations in advance, which is possible only when police activities are complied with due process of law. In this article, I study due process of law, which is often ignored by rank and file officers, by examining cases of human rights violations happening in the filed of assembly/demonstration. Then, I provide a view about the desirable relationship between counterterrorism activities and human rights, a recent worldwide issues in terms of human rights and national security.