A South Korean court ordered the Liberation from South Korean President Yoon Suk-Yool, Who remains arrested for almost two months under the accusation of leading an insurrection within the framework of his fleeting Marcial Law Declaration.
He Seoul Central District Court determined that his arrest has EXCEEDED E -LEGAL PERIOD and that his prosecution It was carried out outside the detention period.
The Decision to free Yoonwhich before being executed can be appealed by the Prosecutor’s Office, It arrives while the president awaits the resolution of the political trial in the Constitutional, Parallel to the criminal process in which he is charged with insurrection and for which he was arrested.
The Seoul District Court also put In doubt the legality of the procedure carried out by the Prosecutor’s Office and the Office of Crimes of Crimes of High Rank officials (CIO)indicating that, being independent entities, They do not have the power to transfer or prolong the detention deadlines without a legal basis that supports it, according to the information collected by the local Yonhap news agency.
Risk destruction risk
However, the opposition and the CIO are in the expectation that the Prosecutor’s Office appeals the decision as soon as possible for risk destruction risk.
The Cio denied In a statement that the Cancellation of the president’s arrest implies illegality in his investigation y asked prudence in the interpretation of the judicial ruling. The opposition matches he demanded the immediate appeal of the Prosecutor’s Office.
Yoon has been detained since January 14 for a criminal process where insurrection charges for your Declaration of the Martial Law on December 3. This is the only crime for which a South Korean president does not enjoy immunity.
Yoon defense demands immediate release
The Defense of the President demandedin a press release, his immediate release after the cancellation of his arrest and asked the Prosecutor’s Office not to delay their departurearguing that a precedent of the Constitutional Court prohibits suspending liberation orders in cases of detention.
For its part, the South Korea presidential office celebrated the judicial decision And he said that the Decision corrects “illegal and symbolic research” carried out by the CIO. The office also expressed its expectation that Yoon can resume its functions as soon as possible.
After the ruling of the Seoul court, the President could face the resolution of the Constitutional On his political trial after his fleeting declaration of the martial law, an act that cost him parliamentary dismissal on December 14.
Parallel political trial about its dismissal
It is expected that Constitutional resolutionthat will determine whether your disqualification is definitive or if on the contrary it is restored in power, Know in the coming weeks or even days. Although it was stripped of its functions, Yoon continues to hold the position while the highest South Korean court reviews its case.
The political crisis in South Korea triggered by martial law has deepened polarization in the countrywith massive demonstrations for and against Yoon who have continued since his arrest occurred. While their supporters demand their restitution and defend the martial law, the opposition and progressive groups ask that its dismissal be confirmed. The growing tension has led to a strong Police deployment In Seoul to avoid clashes.
The Constitutional has until June to decide whether to confirm the dismissal, Although a failure is expected before April, due to the imminent expiration of the mandate of two of his eight magistrates On the 18th of that month. However, local media speculate that the sentence could be known in mid -March.
If the court ratifies dismissal From Yoon, the country must call early presidential elections during the 60 days later to the verdict.