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Yoon Lawyers: Will Reject Questioning 01/16 06:11
SEOUL, South Korea (AP) -- Lawyers representing South Korea's impeached
president said Thursday he will refuse further questioning after being detained
by anti-corruption officials over his ill-fated declaration of martial law last
month, maintaining that the investigation is illegal.
President Yoon Suk Yeol exercised his right to remain silent as he faced
more than 10 hours of questioning on Wednesday at the headquarters of the
Corruption Investigation Office for High-Ranking Officials, following a massive
law enforcement operation to detain him at his official residence in Seoul.
Investigators are expected to move to place him under arrest in the coming
days.
The anti-corruption agency, which is leading a joint investigation with the
police and the military over whether Yoon's martial law declaration amounted to
attempted rebellion, has 48 hours either to request a court order for his
formal arrest or to release him.
Yoon's lawyers have argued that the detention warrant issued by the Seoul
Western District Court is invalid and have asked the Seoul Central District
Court to consider his release. The clock for the arrest warrant is on hold
while the court reviews his petition, which can take up to 48 hours.
On Thursday, his lawyers formally claimed Wednesday's raid at the
presidential residence which led to the detention of a head of state was
illegal, in complaints filed with prosecutors.
Yoon didn't attend a hearing at the Central District Court on Thursday,
which was part of the review over his detention warrant, due to security
concerns, according to Seok Dong-hyeon, one of the president's lawyers.
It was expected that the decision could come sometime during the evening.
Hundreds of Yoon's supporters gathered in the streets near the court amid a
heavy police presence, waving banners and chanting slogans calling for his
release.
Yoon set off the country's most serious political crisis since its
democratization in the late 1980s when he attempted to break through gridlock
in legislation by declaring martial law and deploying troops around the
National Assembly on Dec. 3. The standoff lasted only hours before lawmakers
managed to get through the blockade and voted to lift the measure.
His presidential powers were suspended when the opposition-dominated
assembly voted to impeach him on Dec. 14, accusing him of rebellion. His fate
now rests with the Constitutional Court, which has begun deliberating on
whether to formally remove Yoon from office or reject the charges and reinstate
him.
Yoon and his allies have defied efforts to investigate his role in the chaos
of Dec. 3. He ignored requests to appear for questioning for weeks, remaining
in his official residence to avoid detention as his lawyers turned away police,
citing a law that protects locations potentially linked to military secrets
from search without the consent of the person in charge -- Yoon himself. They
also said that the anti-corruption agency had no legal authority to investigate
rebellion allegations.
Yoon also resisted one attempt to detain him as the presidential security
service barricaded the residence. He was finally brought into custody after
hundreds of anti-corruption investigators and police raided the presidential
compound for some five hours in a second attempt.
In a video message recorded shortly before he was escorted to the
headquarters of the anti-corruption agency, Yoon lamented that the "rule of law
has completely collapsed in this country." He echoed the arguments of his
lawyers that the anti-corruption agency does not have the authority to
investigate his actions, but said he accepted detention to prevent violence.
The Constitutional Court rejected a request by Yoon's lawyers to postpone a
hearing on his case scheduled for Thursday. It remains possible for Yoon to
exercise his right to attend, even while under detention.
If a court grants a warrant for Yoon's formal arrest, the anti-corruption
investigators can extend his detention to 20 days, during which it will
transfer the case to public prosecutors for an indictment.
If prosecutors indict Yoon on the possible charges of rebellion and abuse of
power, he could remain under arrest until the first court ruling, which is
typically made within six months, said Park Sung-bae, an attorney specializing
in criminal law. Under South Korean law, the leader of a rebellion can face the
death penalty or life imprisonment if convicted.
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