A South Korean court has cancelled impeached President Yoon Suk-yeol’s arrest warrant, paving the way for his release from jail after he was detained for imposing martial law.
The suspended president filed the request with the Seoul Central District Court last month, pleading that the arrest warrant issued against him was illegal.
“It is reasonable to conclude that the indictment was filed after the defendant’s detention period had expired,” said a document from the Seoul Central District Court.
“To ensure procedural clarity and eliminate any doubts regarding the legality of the investigative process, it would be appropriate to issue a decision to cancel the detention,” the court added on Friday.
Yoon’s lawyers and his presidential office welcomed the district court decision, saying it showed the case against Yoon had been pursued for political purposes with no legal justification.
“The court’s decision to cancel the arrest showed this country’s rule of law is still alive,” Yoon’s lawyers said in a statement.
However, they added that the cancellation of his arrest does not necessarily mean he will be released straight away.
“Even if the court decides to cancel the detention, the defendant is not immediately released,” Yoon’s lawyer, Seok Dong-hyeon, said. “The defendant will be released only if the prosecutor waives the right to appeal, or does not file an appeal within the prescribed period.”
The opposition Democratic Party slammed the court decision.
“The prosecution must immediately appeal, to ensure a ruling that aligns with the public’s sense of justice,” said opposition party floor leader Park Chan-dae.
Rebellion
The suspended president was arrested in mid-January on insurrection charges over his brief imposition of martial law weeks earlier.
“Yoon has been held for just over 50 days in a detention facility south of Seoul, pretty much since his arrest in the middle of January,” said Al Jazeera’s Rob McBride, reporting from the South Korean capital.
“It does remain a question whether [Yoon] will be released later this Friday, which is an expectation, or whether the prosecutors in this case will appeal against that, in which case the detention will continue,” he added.
Investigators have alleged that Yoon’s martial law decree amounted to rebellion. If he’s convicted of that offence, he would face the death penalty or life imprisonment.
Yoon’s lawyers had argued the arrest warrant issued on January 19 that has kept him in detention was invalid because the request filed by prosecutors was procedurally flawed.
Yoon declared martial law on December 3 saying it was needed to root out “antistate” elements but lifted the decree six hours later after parliament voted to reject it. He has said he never intended to fully impose emergency military rule.
Weeks later he was impeached by the opposition-led parliament on accusations he had violated his constitutional duty by declaring martial law.
It is now up to the Constitutional Court to decide whether to formally end Yoon’s presidency or reinstate him. If the Constitutional Court upholds the impeachment, he will be officially thrown out of office and a national election will be held to choose his successor within two months.
Yoon, 64, also faces a separate criminal trial and became the first sitting president to be arrested on criminal charges on January 15.
