Welcome to the United Nations 
OHCHR 
Press releases Treaty bodies
COMMITTEE AGAINST TORTURE BEGINS REVIEW OF REPORT OF REPUBLIC OF KOREA
11 May 2006
Share
11 May 2006
The Committee against Torture this morning began its consideration of the second periodic report of the Republic of Korea on the efforts of that country to give effect to the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Kim Joon-gyu, Deputy Minister for Legal Affairs of the Republic of Korea, introduced the report, saying that, due to more stringent application of the law, the number of persons booked under the National Security Law, which had been abused during the former authoritarian rule, had dropped from 619 persons in 1998 to 64 persons in 2005. Moreover, measures granting leniency such as release, reduction of sentence, and pardon for National Security Law violators had also been consistently applied.
Serving as Rapporteur for the report of the Republic of Korea was Committee member Felice Gaer, who congratulated the delegation on their country’s election to the new Human Rights Council. Turning to topics of concern, she said that a non-governmental organization report alleged that as many as 3,600 people a day were held in substitute cells, with substandard conditions. The Committee had also had information from Amnesty International that despite the new law abolishing the practice of consecutive solitary confinement, the use of long chains and facemasks to discipline prisoners had not been abolished and continued to be practised.
Nora Sveaass, the Committee Expert serving as Co-Rapporteur for the report, said that, on the issue of human rights defenders, an Amnesty International report said that elderly farmers and other human rights activists had been arrested while protesting the enlargement of the United States Army base, leaving many injured. She asked whether any measures been taken to investigate that incident and punish the offenders. She was also concerned to know what had happened to the protestors, and whether they had received compensation for the harm they had received.
Other Committee Experts raised questions on issues pertaining to, among other things, lengthy time frames for detention; the separation of police and judiciary authorities; when a decision on the National Security Law, before the Korean National Assembly for revision or abolition for six years now, would be made; and corporal punishment in schools.
Also representing the delegation of the Republic of Korea were experts from the Ministry of Justice, the Ministry of Defence, the National Police Agency, the National Intelligence Service and the Ministry of Foreign Affairs and Trade.
The delegation will return to the Committee at 3 p.m. on Friday, 12 May, to provide its response to the questions raised this morning.
The Republic of Korea is among the 141 States parties to the Convention and as such it must present periodic reports to the Committee on how it is implementing the provisions of the Convention.
When the Committee reconvenes at 3 p.m., it will hear the answers of Togo to the questions posed by the Experts on Wednesday, 10 May.
Report of the Republic of Korea
The second periodic report of the Republic of Korea (CAT/C/53/Add.2) says that in 1998 the “Government of the People” was launched under the leadership of President Kim Dae-jung, a human rights activist and a victim of torture himself. In accordance with the Government’s “Human Rights Priority Policy”, numerous reform measures were adopted in various sectors of the society. The Government began by placing top priority on rooting out violations of human rights such as torture and harsh treatment during investigations. Next, the Government released, reduced the sentences of, or pardoned a large number of prisoners who were serving prison terms for violations of the National Security Law. As a result, there are now no unconverted long-term prisoners who were convicted of espionage or other activities linked to the Democratic People’s Republic of Korea. In applying the National Security Law, the Government is trying to eliminate subjective interpretations of the law by law enforcement officials. As a result, the number of suspects detained for violating the National Security Law dropped by 23 per cent in 1999 and another 58 per cent in 2000, compared to the previous year.
The Government is also taking steps to protect human rights through the application of due process of law. All the prosecutors’ offices, from the national to the local level, have installed rooms where a suspect can consult with his/her lawyer. The Government provides inmates with more opportunities to meet with their families, allows them to subscribe to newspapers, and permits them to watch television programmes. In addition, the Government has enacted special laws to restore the reputation of victims of the repression of pro-democracy movements by past authoritarian regimes. Such laws include the Special Act to Find the Truth on Suspicious Deaths and the Act on the Restoration of the Honour and Compensation of Persons Engaged in the Democratization Movement, through which the truth of suspicious deaths may be revealed and victims and their bereaved families compensated.
Presentation of Report
KIM JOON-GYU, Deputy Minister for Legal Affairs of the Republic of Korea, said that while even one act of torture or other cruel or inhuman treatment was unacceptable, through the Committee's efforts they were pleased to observe that such acts were globally on the wane.
It had been 10 years since the Committee had considered the initial report of the Republic of Korea. Since then, the Government had made great efforts to apply the recommendations by the Committee as well as the provisions of the Convention. As a result, the human rights situation in Korea had improved to the level that there was very little possibility of the occurrence of torture.
Since the 1990s, the human rights situation in the Republic of Korea had been rapidly improving in parallel with the process of democratization. The Republic of Korea was now aspiring to become a model nation for human rights.
The Government launched the National Human Rights Commission, an independent national institution for the protection and promotion of human rights, in 2001. The National Human Rights Commission had helped in the enhancement of human rights as an adviser for the Government's human rights policies, as well as in its work of research and provision of remedy concerning human rights violations.
Although the Criminal Act did not offer a specific definition of torture, as defined by Article 1 of the Convention, acts of torture as defined by Article 1 and other cruel acts that were not even covered by the Convention were punishable under the Criminal Act and relevant laws. Mr. Kim said that the Republic of Korea had not experienced any problem in the theory or in practice regarding this matter. Moreover, under the criminal law and relevant laws, accomplices and persons who ordered or attempted torture all had to be punished. Thus, the Republic of Korea believed that it had satisfied the qualifications of Article 4, paragraphs 1 and 2, of the Convention.
Mr. Kim said that, in the case of the murder suspect who died as a result of cruel acts at a District Public Prosecutor's Office in 2002, although the supervising prosecutor had not been present at the scene of the crime and had not been directly involved in the commission of cruel acts, he was indicted and found guilty on charges of tacit consent and negligence and had served a sentence of 18 months in prison.
By 2005, the National Human Rights Commission had pursued aggressive research into the relief for 2,342 petitions related to cruel acts and had contributed considerably to the prevention of torture and other human rights violations as a result.
Due to more stringent application of the law, the number of persons booked under the National Security Law, which had been abused during the former authoritarian rule, had dropped from 619 persons in 1998 to 64 persons in 2005. Moreover, measures granting leniency such as release, reduction of sentence, and pardon for National Security Law violators had also been consistently applied.
In December 1997, Mr. Kim said, the Criminal Procedure Act had been revised to enable judges to directly examine suspects before their arrest if a suspect so requested, or if the judge deemed it necessary.
Although it was unfortunate that a murder suspect had died of torture during interrogation by public prosecutors in 2002, positive efforts had been made to prevent the recurrence of torture, Mr. Kim said. Preventive measures included the enactment of the Directive for Human Rights Protection during Investigative Procedures in December 2002, the instalment of closed circuit television surveillance cameras in investigation rooms, and the participation of legal counsel in the investigation procedures.
Through revisions to the Criminal Administration Act in 1999, the use of restraining tools as a method of punishment had been prohibited. Also, inspections of detention facilities in prisons and police stations by public prosecutors and the National Human Rights Commission had been held regularly.
Mr. Kim said that the Government of the Republic of Korea required regular education session on human rights for public officials working in investigative agencies, correctional organizations, and the military.
By 2004, the Presidential Truth Commission recognized a total of 30 cases of deaths caused by illegal acts by the former authoritarian Government and compensation measures were enforced. Restoration of reputation and compensation was also provided to 493 victims who had suffered losses for participating in the democratization movement.
Last March, an unfortunate event occurred in which a male prison guard forced physical contact on a female inmate, committing sexual assault while interviewing her in the prison. Nineteen days later, the female inmate committed suicide. Mr. Kim said that an investigation had immediately been undertaken by the Ministry of Justice and it was found that the accused prison guard was guilty of similar conduct with approximately 12 other female inmates. The prison guard had been indicted on charges of cruel acts and commission of an indecent act by force, and was currently on trial. Due to that incident the Ministry of Justice had also launched a sexual violence surveillance team of common citizens and had reinforced education sessions on preventing sexual violence for prison staff members. In addition, the Ministry had established a human rights violation hotline centre, where female inmates suffering from sexual violence could report cases.
Mr. Kim said that the Government was currently reviewing whether to withdraw its reservations on articles 21 and 22 of the Convention. Indeed, the Ministry of Justice had already decided to withdraw the reservations and the other relevant ministries and offices were discussing the issue, the delegation said. The Republic of Korea was also positively promoting the ratification of the Optional Protocol to the Convention that allowed inspections of places of detention by an independent body.
Response by Delegation
The delegation responded to a series of written questions prepared by the Committee in advance and sent to the State party beforehand.
Although there were no law provisions in the Republic of Korea that provided a direct definition of the act of torture, there were many provisions that prohibited the commission of torture, the delegation said. Cruel acts were defined broadly in the law to punish all acts of torture, including acts that inflicted "severe pain or damage". Thus acts of cruel, inhuman or degrading treatment or punishment were deemed as acts of torture under the law. Offences such as attempted acts of torture, the commission of torture, and the order to commit torture were punishable under the Criminal Act articles relating to abuse of authority, unlawful arrest and unlawful confinement, violence and cruel acts, and crimes concerning the duties of public officials.
With regard to Committee concerns about the National Security Law, the delegation said that bills moving to revise or abolish that law had been submitted to the National Assembly on several occasions since 2000, but the National Assembly was still deliberating on whether to revise or abolish the law. However, the delegation said, certain provisions of the National Security Law that had proved to be problematic in the past were now applied with careful discretion and there were currently no cases in which the National Security Law was misused as it had been in the past.
The delegation said that provisions in the law of the Republic of Korea that protected the rights of persons in custody included, in case of arrest, that the defendant would be informed of the facts constituting the offence, the cause for detention, and his/her right to select defence counsel; upon being sent to prison, the prisoner would be informed of his/her basic rights; prisoners were allowed three visits a day and may have an unlimited number of visits from legal counsel; a lawyer's presence was allowed during interrogation of his/her client; and in case of arrest, if a warrant of detention were not made within 48 hours from the time of arrest, the suspect would be released.
Although undocumented migrant workers were detained in protection facilities for deportation, such facilities differed from prisons as persons could freely receive visits, exchange letters, or make telephone calls, unless in exceptional cases, and they were guaranteed the right to meet legal counsel. The delegation said that allegations by international non-governmental organizations that undocumented migrant workers had had their rights to legal counsel denied while in detention were groundless claims without concrete data and had not been confirmed.
Regarding the findings of the Truth Commission on the 19 suspicious deaths caused by illegal activities committed by law enforcement authorities, the delegation said that nine cases had been granted compensation as the persons involved had participated in the democratization movement; six cases were in the process of review for compensation; three cases had not yet been decided on; and in one case compensation had been denied.
The Constitution of the Republic of Korea prohibited discrimination on account of gender. Moreover, the delegation said, all police officers were regularly educated on human rights regarding the elimination of all forms of gender discrimination and sexual harassment. The Ministry of Justice held educational sessions at least twice a year to prevent sexual harassment in the form of lectures and audiovisual cyber education for public officials with correctional duties. The Ministry was also strengthening the education of female inmates to counter sexual violence by providing audiovisual education that could help prevent sexual violence.
Regarding legal guarantees and relevant ministries and offices relating to Article 3 of the Convention, the Extradition Act, as revised on 14 December 2005, stated that no criminal would be extradited where it was deemed that the criminal might be punished or suffer from an unfavourable treatment for reasons of race, religion, nationality, or membership in a particular group.
With regard to inspections of correctional facilities conducted by judges and prosecutors in 24 prisons in 2001, no human rights violations were found. Judges and prosecutors had performed 54 inspections annually from 2002 to 2004, and no cases had arisen in which employees were punished or disciplined in relation to obvious human rights violations. The National Human Rights Commission, launched in 2001, held independent visits.
The delegation made an audiovisual presentation showing detention facilities for criminals and migrants, to provide visual evidence of the conditions of detention and the open and easily documented situation in which individuals were interrogated.
Questions by Experts
FELICE GAER, the Committee Expert serving as Rapporteur for the report of the Republic of Korea, thanked the delegation and welcomed the excellence of the report and presentation and the size and high rank of the delegation. She said it was always exciting to see such an improvement in the human rights situation in a country, and she welcomed the seriousness with which human rights issues were being addressed by the Government. She also congratulated the delegation on their country's election to the new Human Rights Council, which she said was a sign of the Republic of Korea's engagement on these issues and the respect in which the Government was held, especially in the region.
In addition, Ms. Gaer welcomed hearing that the Government was considering the removal of the reservations on Articles 21 and 22 of the Convention, as well as becoming signatories to the Optional Protocol.
With regard to the audiovisual presentation, she found the conditions portrayed to be of very high quality, but she was struck by the absence in all but one of the images of people.
The delegation had said that legislation against cruel acts also covered acts under the Convention. In that connection, Ms. Gaer said she would appreciate a clarification of what those acts entailed and some examples of cases.
Ms. Gaer noted that in their written replies to Committee questions, the delegation had said that while the exact number of convictions under the National Security Law were based on confessions, that in most cases offenders voluntarily confessed to their acts. In the absence of data, what safeguards were in place that would ensure that confessions upon which prisoners were convicted were voluntarily, she asked, requesting more details were needed on such cases.
She had heard from Amnesty International that the Security Surveillance Law was still being used in an arbitrary and secretive way to harass former political prisoners, convicted under the National Security Law, and she would appreciate it if the delegation would comment on that. She would also appreciate any information on the timing of the proposed revision or abolition of the National Security Law.
The delegation, in their presentation, had stressed the openness of interrogations, both in terms of law and in the audiovisual presentation, but she had received non-governmental organizations reports that said sleep deprivation and other cruel and abusive methods, such as forced nakedness, were still used in the interrogation process. Had anyone ever been punished for such measures, she asked.
Ms. Gaer understood there was a procedure called urgent arrests and she would appreciate details on that procedure and examples of such cases. Also, what surveillance or monitoring mechanisms were there to review that mechanism?
Regarding the incident in which a female prisoner was raped, Ms. Gaer said she would appreciate receiving information on what had happened to the other officials involved. She had understood that the perpetrator had been punished.
In the case of the migrant worker who was forcibly repatriated to Nepal, as reported by an NGO which said that that individual faced the possibility of being tortured and arrested by the Nepalese investigation agency, Ms. Gaer said that she would appreciate information showing that that worker was found not to face a threat of torture in that country, as part of the State party's Article 3 obligations. She would also appreciate general information on migrant detainee centres and the conditions there.
The delegation asserted that data on the number of women and children subject to human trafficking for purposes of prostitution was unavailable, yet they had also said that the number of those so trafficked had decreased. Ms. Gaer wondered how that judgment was possible in the absence of data.
A non-governmental organization report alleged that as many as 3,600 people a day were held in substitute cells, with substandard conditions. In addition, it was alleged that female prisoners in that situation were often monitored by male officers. Ms. Gaer asked what efforts were being undertaken to address that situation.
On the issue of restraints and facemasks, the Committee had information from Amnesty International that despite the new law abolishing the practice of consecutive solitary confinement, reducing the maximum period of solitary confinement from two months to one month, the use of long chains and facemasks to discipline prisoners had not been abolished and continued to be practised. Could the delegation give concrete information on that subject?
Ms. Gaer said she was particularly struck by the number of suicides among members of the military. She had never encountered such a phenomenon before. Despite the delegation's position that the number of suicides in the military was on the decline, she did not feel that the statistics supported that claim.
NORA SVEAASS, the Committee Expert serving as Co-Rapporteur for the report of the Republic of Korea, said that, while she appreciated the abundant information provided by the delegation on training for law enforcement agents and prison officers, she was specifically interested in hearing about training of medical staff who were directly involved in assessment, treatment and follow up on victims of torture.
Ms. Sveaass said that the Committee had received information that individuals had been held for three months in disciplinary cells, handcuffed and chained for hundreds of hours. In that connection, she recalled that the definition of torture under the Convention also included mental cruelty, which did not leave the same kind of visible scars as physical cruelty.
On the issue of human rights defenders, Ms. Sveaass referred to an Amnesty International report that elderly farmers and other human rights activists had been arrested while protesting the enlargement of United States Army base, leaving many injured. Had any measures been taken to investigate that incident, punish the offenders and what had happened to those protestors? Had they received compensation for harm received, she asked?
Other Committee Experts also raised a series of questions on issues including lengthy time frames for detention; the separation of police and judiciary authorities; when a decision on the National Security Law, before the Korean National Assembly for revision or abolition for six years now, would be made; and corporal punishment in schools.
* *** *
For use of the information media; not an official record
The Committee against Torture this morning began its consideration of the second periodic report of the Republic of Korea on the efforts of that country to give effect to the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Kim Joon-gyu, Deputy Minister for Legal Affairs of the Republic of Korea, introduced the report, saying that, due to more stringent application of the law, the number of persons booked under the National Security Law, which had been abused during the former authoritarian rule, had dropped from 619 persons in 1998 to 64 persons in 2005. Moreover, measures granting leniency such as release, reduction of sentence, and pardon for National Security Law violators had also been consistently applied.
Serving as Rapporteur for the report of the Republic of Korea was Committee member Felice Gaer, who congratulated the delegation on their country’s election to the new Human Rights Council. Turning to topics of concern, she said that a non-governmental organization report alleged that as many as 3,600 people a day were held in substitute cells, with substandard conditions. The Committee had also had information from Amnesty International that despite the new law abolishing the practice of consecutive solitary confinement, the use of long chains and facemasks to discipline prisoners had not been abolished and continued to be practised.
Nora Sveaass, the Committee Expert serving as Co-Rapporteur for the report, said that, on the issue of human rights defenders, an Amnesty International report said that elderly farmers and other human rights activists had been arrested while protesting the enlargement of the United States Army base, leaving many injured. She asked whether any measures been taken to investigate that incident and punish the offenders. She was also concerned to know what had happened to the protestors, and whether they had received compensation for the harm they had received.
Other Committee Experts raised questions on issues pertaining to, among other things, lengthy time frames for detention; the separation of police and judiciary authorities; when a decision on the National Security Law, before the Korean National Assembly for revision or abolition for six years now, would be made; and corporal punishment in schools.
Also representing the delegation of the Republic of Korea were experts from the Ministry of Justice, the Ministry of Defence, the National Police Agency, the National Intelligence Service and the Ministry of Foreign Affairs and Trade.
The delegation will return to the Committee at 3 p.m. on Friday, 12 May, to provide its response to the questions raised this morning.
The Republic of Korea is among the 141 States parties to the Convention and as such it must present periodic reports to the Committee on how it is implementing the provisions of the Convention.
When the Committee reconvenes at 3 p.m., it will hear the answers of Togo to the questions posed by the Experts on Wednesday, 10 May.
Report of the Republic of Korea
The second periodic report of the Republic of Korea (CAT/C/53/Add.2) says that in 1998 the “Government of the People” was launched under the leadership of President Kim Dae-jung, a human rights activist and a victim of torture himself. In accordance with the Government’s “Human Rights Priority Policy”, numerous reform measures were adopted in various sectors of the society. The Government began by placing top priority on rooting out violations of human rights such as torture and harsh treatment during investigations. Next, the Government released, reduced the sentences of, or pardoned a large number of prisoners who were serving prison terms for violations of the National Security Law. As a result, there are now no unconverted long-term prisoners who were convicted of espionage or other activities linked to the Democratic People’s Republic of Korea. In applying the National Security Law, the Government is trying to eliminate subjective interpretations of the law by law enforcement officials. As a result, the number of suspects detained for violating the National Security Law dropped by 23 per cent in 1999 and another 58 per cent in 2000, compared to the previous year.
The Government is also taking steps to protect human rights through the application of due process of law. All the prosecutors’ offices, from the national to the local level, have installed rooms where a suspect can consult with his/her lawyer. The Government provides inmates with more opportunities to meet with their families, allows them to subscribe to newspapers, and permits them to watch television programmes. In addition, the Government has enacted special laws to restore the reputation of victims of the repression of pro-democracy movements by past authoritarian regimes. Such laws include the Special Act to Find the Truth on Suspicious Deaths and the Act on the Restoration of the Honour and Compensation of Persons Engaged in the Democratization Movement, through which the truth of suspicious deaths may be revealed and victims and their bereaved families compensated.
Presentation of Report
KIM JOON-GYU, Deputy Minister for Legal Affairs of the Republic of Korea, said that while even one act of torture or other cruel or inhuman treatment was unacceptable, through the Committee's efforts they were pleased to observe that such acts were globally on the wane.
It had been 10 years since the Committee had considered the initial report of the Republic of Korea. Since then, the Government had made great efforts to apply the recommendations by the Committee as well as the provisions of the Convention. As a result, the human rights situation in Korea had improved to the level that there was very little possibility of the occurrence of torture.
Since the 1990s, the human rights situation in the Republic of Korea had been rapidly improving in parallel with the process of democratization. The Republic of Korea was now aspiring to become a model nation for human rights.
The Government launched the National Human Rights Commission, an independent national institution for the protection and promotion of human rights, in 2001. The National Human Rights Commission had helped in the enhancement of human rights as an adviser for the Government's human rights policies, as well as in its work of research and provision of remedy concerning human rights violations.
Although the Criminal Act did not offer a specific definition of torture, as defined by Article 1 of the Convention, acts of torture as defined by Article 1 and other cruel acts that were not even covered by the Convention were punishable under the Criminal Act and relevant laws. Mr. Kim said that the Republic of Korea had not experienced any problem in the theory or in practice regarding this matter. Moreover, under the criminal law and relevant laws, accomplices and persons who ordered or attempted torture all had to be punished. Thus, the Republic of Korea believed that it had satisfied the qualifications of Article 4, paragraphs 1 and 2, of the Convention.
Mr. Kim said that, in the case of the murder suspect who died as a result of cruel acts at a District Public Prosecutor's Office in 2002, although the supervising prosecutor had not been present at the scene of the crime and had not been directly involved in the commission of cruel acts, he was indicted and found guilty on charges of tacit consent and negligence and had served a sentence of 18 months in prison.
By 2005, the National Human Rights Commission had pursued aggressive research into the relief for 2,342 petitions related to cruel acts and had contributed considerably to the prevention of torture and other human rights violations as a result.
Due to more stringent application of the law, the number of persons booked under the National Security Law, which had been abused during the former authoritarian rule, had dropped from 619 persons in 1998 to 64 persons in 2005. Moreover, measures granting leniency such as release, reduction of sentence, and pardon for National Security Law violators had also been consistently applied.
In December 1997, Mr. Kim said, the Criminal Procedure Act had been revised to enable judges to directly examine suspects before their arrest if a suspect so requested, or if the judge deemed it necessary.
Although it was unfortunate that a murder suspect had died of torture during interrogation by public prosecutors in 2002, positive efforts had been made to prevent the recurrence of torture, Mr. Kim said. Preventive measures included the enactment of the Directive for Human Rights Protection during Investigative Procedures in December 2002, the instalment of closed circuit television surveillance cameras in investigation rooms, and the participation of legal counsel in the investigation procedures.
Through revisions to the Criminal Administration Act in 1999, the use of restraining tools as a method of punishment had been prohibited. Also, inspections of detention facilities in prisons and police stations by public prosecutors and the National Human Rights Commission had been held regularly.
Mr. Kim said that the Government of the Republic of Korea required regular education session on human rights for public officials working in investigative agencies, correctional organizations, and the military.
By 2004, the Presidential Truth Commission recognized a total of 30 cases of deaths caused by illegal acts by the former authoritarian Government and compensation measures were enforced. Restoration of reputation and compensation was also provided to 493 victims who had suffered losses for participating in the democratization movement.
Last March, an unfortunate event occurred in which a male prison guard forced physical contact on a female inmate, committing sexual assault while interviewing her in the prison. Nineteen days later, the female inmate committed suicide. Mr. Kim said that an investigation had immediately been undertaken by the Ministry of Justice and it was found that the accused prison guard was guilty of similar conduct with approximately 12 other female inmates. The prison guard had been indicted on charges of cruel acts and commission of an indecent act by force, and was currently on trial. Due to that incident the Ministry of Justice had also launched a sexual violence surveillance team of common citizens and had reinforced education sessions on preventing sexual violence for prison staff members. In addition, the Ministry had established a human rights violation hotline centre, where female inmates suffering from sexual violence could report cases.
Mr. Kim said that the Government was currently reviewing whether to withdraw its reservations on articles 21 and 22 of the Convention. Indeed, the Ministry of Justice had already decided to withdraw the reservations and the other relevant ministries and offices were discussing the issue, the delegation said. The Republic of Korea was also positively promoting the ratification of the Optional Protocol to the Convention that allowed inspections of places of detention by an independent body.
Response by Delegation
The delegation responded to a series of written questions prepared by the Committee in advance and sent to the State party beforehand.
Although there were no law provisions in the Republic of Korea that provided a direct definition of the act of torture, there were many provisions that prohibited the commission of torture, the delegation said. Cruel acts were defined broadly in the law to punish all acts of torture, including acts that inflicted "severe pain or damage". Thus acts of cruel, inhuman or degrading treatment or punishment were deemed as acts of torture under the law. Offences such as attempted acts of torture, the commission of torture, and the order to commit torture were punishable under the Criminal Act articles relating to abuse of authority, unlawful arrest and unlawful confinement, violence and cruel acts, and crimes concerning the duties of public officials.
With regard to Committee concerns about the National Security Law, the delegation said that bills moving to revise or abolish that law had been submitted to the National Assembly on several occasions since 2000, but the National Assembly was still deliberating on whether to revise or abolish the law. However, the delegation said, certain provisions of the National Security Law that had proved to be problematic in the past were now applied with careful discretion and there were currently no cases in which the National Security Law was misused as it had been in the past.
The delegation said that provisions in the law of the Republic of Korea that protected the rights of persons in custody included, in case of arrest, that the defendant would be informed of the facts constituting the offence, the cause for detention, and his/her right to select defence counsel; upon being sent to prison, the prisoner would be informed of his/her basic rights; prisoners were allowed three visits a day and may have an unlimited number of visits from legal counsel; a lawyer's presence was allowed during interrogation of his/her client; and in case of arrest, if a warrant of detention were not made within 48 hours from the time of arrest, the suspect would be released.
Although undocumented migrant workers were detained in protection facilities for deportation, such facilities differed from prisons as persons could freely receive visits, exchange letters, or make telephone calls, unless in exceptional cases, and they were guaranteed the right to meet legal counsel. The delegation said that allegations by international non-governmental organizations that undocumented migrant workers had had their rights to legal counsel denied while in detention were groundless claims without concrete data and had not been confirmed.
Regarding the findings of the Truth Commission on the 19 suspicious deaths caused by illegal activities committed by law enforcement authorities, the delegation said that nine cases had been granted compensation as the persons involved had participated in the democratization movement; six cases were in the process of review for compensation; three cases had not yet been decided on; and in one case compensation had been denied.
The Constitution of the Republic of Korea prohibited discrimination on account of gender. Moreover, the delegation said, all police officers were regularly educated on human rights regarding the elimination of all forms of gender discrimination and sexual harassment. The Ministry of Justice held educational sessions at least twice a year to prevent sexual harassment in the form of lectures and audiovisual cyber education for public officials with correctional duties. The Ministry was also strengthening the education of female inmates to counter sexual violence by providing audiovisual education that could help prevent sexual violence.
Regarding legal guarantees and relevant ministries and offices relating to Article 3 of the Convention, the Extradition Act, as revised on 14 December 2005, stated that no criminal would be extradited where it was deemed that the criminal might be punished or suffer from an unfavourable treatment for reasons of race, religion, nationality, or membership in a particular group.
With regard to inspections of correctional facilities conducted by judges and prosecutors in 24 prisons in 2001, no human rights violations were found. Judges and prosecutors had performed 54 inspections annually from 2002 to 2004, and no cases had arisen in which employees were punished or disciplined in relation to obvious human rights violations. The National Human Rights Commission, launched in 2001, held independent visits.
The delegation made an audiovisual presentation showing detention facilities for criminals and migrants, to provide visual evidence of the conditions of detention and the open and easily documented situation in which individuals were interrogated.
Questions by Experts
FELICE GAER, the Committee Expert serving as Rapporteur for the report of the Republic of Korea, thanked the delegation and welcomed the excellence of the report and presentation and the size and high rank of the delegation. She said it was always exciting to see such an improvement in the human rights situation in a country, and she welcomed the seriousness with which human rights issues were being addressed by the Government. She also congratulated the delegation on their country's election to the new Human Rights Council, which she said was a sign of the Republic of Korea's engagement on these issues and the respect in which the Government was held, especially in the region.
In addition, Ms. Gaer welcomed hearing that the Government was considering the removal of the reservations on Articles 21 and 22 of the Convention, as well as becoming signatories to the Optional Protocol.
With regard to the audiovisual presentation, she found the conditions portrayed to be of very high quality, but she was struck by the absence in all but one of the images of people.
The delegation had said that legislation against cruel acts also covered acts under the Convention. In that connection, Ms. Gaer said she would appreciate a clarification of what those acts entailed and some examples of cases.
Ms. Gaer noted that in their written replies to Committee questions, the delegation had said that while the exact number of convictions under the National Security Law were based on confessions, that in most cases offenders voluntarily confessed to their acts. In the absence of data, what safeguards were in place that would ensure that confessions upon which prisoners were convicted were voluntarily, she asked, requesting more details were needed on such cases.
She had heard from Amnesty International that the Security Surveillance Law was still being used in an arbitrary and secretive way to harass former political prisoners, convicted under the National Security Law, and she would appreciate it if the delegation would comment on that. She would also appreciate any information on the timing of the proposed revision or abolition of the National Security Law.
The delegation, in their presentation, had stressed the openness of interrogations, both in terms of law and in the audiovisual presentation, but she had received non-governmental organizations reports that said sleep deprivation and other cruel and abusive methods, such as forced nakedness, were still used in the interrogation process. Had anyone ever been punished for such measures, she asked.
Ms. Gaer understood there was a procedure called urgent arrests and she would appreciate details on that procedure and examples of such cases. Also, what surveillance or monitoring mechanisms were there to review that mechanism?
Regarding the incident in which a female prisoner was raped, Ms. Gaer said she would appreciate receiving information on what had happened to the other officials involved. She had understood that the perpetrator had been punished.
In the case of the migrant worker who was forcibly repatriated to Nepal, as reported by an NGO which said that that individual faced the possibility of being tortured and arrested by the Nepalese investigation agency, Ms. Gaer said that she would appreciate information showing that that worker was found not to face a threat of torture in that country, as part of the State party's Article 3 obligations. She would also appreciate general information on migrant detainee centres and the conditions there.
The delegation asserted that data on the number of women and children subject to human trafficking for purposes of prostitution was unavailable, yet they had also said that the number of those so trafficked had decreased. Ms. Gaer wondered how that judgment was possible in the absence of data.
A non-governmental organization report alleged that as many as 3,600 people a day were held in substitute cells, with substandard conditions. In addition, it was alleged that female prisoners in that situation were often monitored by male officers. Ms. Gaer asked what efforts were being undertaken to address that situation.
On the issue of restraints and facemasks, the Committee had information from Amnesty International that despite the new law abolishing the practice of consecutive solitary confinement, reducing the maximum period of solitary confinement from two months to one month, the use of long chains and facemasks to discipline prisoners had not been abolished and continued to be practised. Could the delegation give concrete information on that subject?
Ms. Gaer said she was particularly struck by the number of suicides among members of the military. She had never encountered such a phenomenon before. Despite the delegation's position that the number of suicides in the military was on the decline, she did not feel that the statistics supported that claim.
NORA SVEAASS, the Committee Expert serving as Co-Rapporteur for the report of the Republic of Korea, said that, while she appreciated the abundant information provided by the delegation on training for law enforcement agents and prison officers, she was specifically interested in hearing about training of medical staff who were directly involved in assessment, treatment and follow up on victims of torture.
Ms. Sveaass said that the Committee had received information that individuals had been held for three months in disciplinary cells, handcuffed and chained for hundreds of hours. In that connection, she recalled that the definition of torture under the Convention also included mental cruelty, which did not leave the same kind of visible scars as physical cruelty.
On the issue of human rights defenders, Ms. Sveaass referred to an Amnesty International report that elderly farmers and other human rights activists had been arrested while protesting the enlargement of United States Army base, leaving many injured. Had any measures been taken to investigate that incident, punish the offenders and what had happened to those protestors? Had they received compensation for harm received, she asked?
Other Committee Experts also raised a series of questions on issues including lengthy time frames for detention; the separation of police and judiciary authorities; when a decision on the National Security Law, before the Korean National Assembly for revision or abolition for six years now, would be made; and corporal punishment in schools.
* *** *
For use of the information media; not an official record