The Committee against Torture today concluded its consideration of the sixth periodic report of the Republic of Korea, with Committee Experts praising the State's measures to tackle human trafficking and raising questions about measures to prevent prison overcrowding and suicides in the military resulting from violence.
One Committee Expert welcomed that the Republic of Korea had adopted the Palermo Protocol and was implementing a national action plan on fighting human trafficking. What measures were in place to revise legislation on trafficking to better identify victims and hold perpetrators to account?
Peter Vedel Kessing, Committee Expert and Country Rapporteur, said overcrowding of prisons had been a long-term problem for the Republic of Korea. The occupancy rate was reportedly 118 per cent in 2022. Were reports that inmates often had less than 2.5 square metres of space accurate? What measures were in place to address this issue?
Ana Racu, Committee Expert and Country Rapporteur, said military violence such as beatings and bullying often resulted in suicides. On average, 50 soldiers committed suicide per year, the majority of whom were conscripts. What measures were in place to prevent violence in the military? What results had been reached by investigations into military suicides?
Presenting the report, Soung Jea Hyen, Director General, Human Rights Bureau, Ministry of Justice of the Republic of Korea and head of delegation, said the Anti-Human Trafficking Act, effective from January 2023, aimed to eradicate human trafficking and provided a comprehensive response. The Government had developed indicators to identify victims of human trafficking. Persons who engaged in human trafficking were held accountable, even when the victim consented to being trafficked.
To address overcrowding in prisons, Mr. Soung said the Government had renovated and expanded the capacity of existing facilities and built new facilities, including the Geochang detention centre in 2023. Additionally, it introduced a bail system with electronic monitoring to alleviate overcrowding. The delegation added that the capacity of prisons would soon be expanded to 59,000 to bring the occupancy rate down to 100 per cent. Efforts would be made to expand the standard area per inmate to 3.4 square metres. In 2023, 9,525 persons were released on parole.
The delegation said that a suicide prevention system had been developed in the military. The military mandated suicide prevention education at least once every six months and trained suicide prevention instructors. As of 2023, there were over 2,000 such instructors, as well as 600 military counsellors. A 24-hour help line was in place to receive complaints of abuse in the military and provide timely counselling services. Supervisors who ordered the commission of human rights abuses were held accountable.
In closing remarks, Claude Heller, Committee Chair, said that the Committee would submit concluding observations based on the dialogue with recommendations that could be implemented within one year. The Committee was interested in continuing its dialogue with the Republic of Korea and following-up on the implementation of the concluding observations.
In his concluding remarks, Mr. Soung said that over the last six years, the Republic of Korea had made substantial progress, but many challenges remained. The Committee's concluding observations would be a valuable guide for the State in its efforts to protect all persons from torture and other cruel, inhuman or degrading treatment.
The delegation of the Republic of Korea consisted of representatives from the Ministry of Justice; Ministry of Education; Ministry of Foreign Affairs; Ministry of National Defence; Ministry of Employment and Labour; Ministry of Health and Welfare; Supreme Prosecutor's Office; Korean National Police Agency; and the Permanent Mission of the Republic of Korea to the United Nations Office at Geneva.
The Committee will issue concluding observations on the report of the Republic of Korea at the end of its eightieth session on 26 July. Those, and other documents relating to the Committee's work, including reports submitted by States parties, will be available on the session's webpage. Summaries of the public meetings of the Committee can be found here, and webcasts of the public meetings can be found here.
The Committee will next meet in public on Tuesday, 16 July at 3 p.m. to begin its examination of the initial report of Côte d'Ivoire (CAT/C/CIV/1).
Report
The Committee has before it the sixth periodic report of the Republic of Korea (CAT/C/KOR/6).
Presentation of Report
SOUNG JEA HYEN, Director General, Human Rights Bureau, Ministry of Justice of the Republic of Korea and head of delegation, said that since the last review in 2017, the Government had made efforts to implement the Committee's recommendations, resulting in effective measures to prevent torture and improve the human rights situation. The Government paid close attention to criticism and advice from the National Human Rights Commission of Korea and non-governmental organizations.
To address overcrowding in prisons, the Government had renovated and expanded the capacity of existing facilities and built new facilities, including the Geochang detention centre in 2023. Additionally, the Government introduced a bail system with electronic monitoring to alleviate overcrowding. Substitute cells, criticised for their overcrowding and poor conditions, were abolished in 2020. The military's "guardhouse detention" system, which had allowed soldiers to be detained for 15 days without a warrant, was abolished in 2020.
The State party had amended the employment permit system to allow migrants to change workplaces for reasons such as industrial accidents: it also conducted regular labour inspections to prevent human rights violations. To prevent prolonged screening periods for refugee applicants, the Government had developed guidelines to increase the transparency and fairness of the appeals process. The Government also provided free compulsory education to all foreign children in the Republic of Korea, regardless of residency status. Improvements to the refugee application system and foreigner detention facilities promoted more humane treatment.
The Government had in 2022 established officers responsible for receiving and investigating reports of human rights violations against migrants. Detained foreigners who threatened the safety of immigration facilities were isolated. The Government had converted the Hwaseong and Cheongju Immigration Centres into open-type facilities, and Yeosu Immigration Centre was under construction for conversion in 2024. Detainees were ensured freedom of movement within shelters and the right to communicate with the outside world.
The Anti-Human Trafficking Act, effective from January 2023, aimed to eradicate human trafficking and provided a comprehensive response. The Government had developed indicators to identify victims of human trafficking and was currently implementing the comprehensive action plan for anti-human trafficking policies.
To clarify the ban on corporal punishment, the Government had deleted a provision on the right to disciplinary action in the Civil Act. Measures introduced to prevent child abuse included specialised training for personnel dedicated to responding to child abuse, and the activation of the case management conference system.
Amendments to the Mental Health Act strengthened requirements for the hospitalisation of persons by their legal guardians, mandated monthly reviews of hospitalisation by the mental health deliberation committee, and established another committee to evaluate the appropriateness of treatment conducted during hospitalisation.
The Government had ensured suspects' right to legal counsel during investigative procedures and specified conditions for restricting legal counsel visits and communications. The human rights violation hotline centre received complaints and investigated potential human rights violations. The national human rights institute also received complaints and conducted investigations of detention facilities ex officio, and provided recommendations for policy improvements. Over the last five years, the institute had issued 48 recommendations regarding complaints of torture, 44 of which the Government had accepted. The 2024 law amendments had limited solitary confinement to a maximum of 45 days. Various forms of medical services were offered to detainees, including external medical examinations and video examinations as required.
In March 2024, the Government announced the fourth national action plan for the promotion and protection of human rights, which included measures to prevent police abuse, alleviate overcrowding in prisons, and prevent long-term detention of foreign detainees. In July, the national centre for trauma healing from state violence was launched to support victims of State violence and their families, including victims of disappearance, detention, injury and torture. The Government had provided human rights education to public officials to prevent torture and enhance awareness of human rights.
The State had also enacted laws to combat gender-based violence, including the 2018 Framework Act on Prevention of Violence against Women and 2021 and 2023 legislation that aimed to prevent stalking and punish perpetrators. It had also established the advocacy centre for online sexual abuse victims in 2018 to provide comprehensive support services for victims, including the removal of illegally filmed content, and had amended relevant laws to raise penalties for digital sex crimes.
Efforts continued to eradicate violence and sexual violence in the military, with the establishment of dedicated organizations and the appointment of the military human rights protection officer and committee in 2022.
The Government was committed to implementing the Convention and to engaging with the Committee to review progress in its implementation.
Questions by Committee Experts
ANA RACU, Committee Expert and Country Rapporteur, said that in its previous concluding observations, the Committee had called on the State party to incorporate a definition of torture in national legislation in line with that of article one of the Convention. Unfortunately, this change had not been made. There were serious discrepancies between definitions of torture in the Republic of Korea's criminal laws and the Convention, creating loopholes for impunity. Would the State party bring its torture legislation in line with the Convention? What efforts had been made to ensure that a statute of limitations was not applied to crimes of torture?
Ms. Racu welcomed that the Government provided detainees with a notification of their rights in several languages and allowed detainees to make telephone calls. Legislation allowed legal counsel to participate in suspect interrogations "unless there was a good cause". This wording had allowed for legal counsel to be arbitrarily removed from interrogations. Access to lawyers for defectors from the Democratic People's Republic of Korea was reportedly almost non-existent. What steps had been taken to eliminate practices that impeded access to lawyers? Which social categories could access free legal aid?
There were reports that medical examinations were not required within the first 24 hours of detention, and that medical personnel were not permitted to access medical records based solely on their suspicion of torture. How many inmates had received medical aid and how many had shown signs of torture? What was the process for reporting torture and other cruel, inhuman or degrading treatment? Had criminal cases concerning police abuses been initiated and what sanctions had been imposed? What were the suicide, morbidity and mortality rates in police detention? Were audio-visual recordings made of police interrogations?
The concerning National Security Act granted authorities the power to detain, arrest, and imprison persons believed to have committed acts intended to endanger the "security of the State." The Republic of Korea continued to reject the calls to amend or repeal the Act. Concerns had been raised about the Act being used in the past two years as a means of silencing trade union activities. The National Security Act had also allegedly been used to punish people for publishing and distributing material expressing views that opposed the positions or policies of the Government. How many persons were currently detained under the Act? What oversight mechanisms were in place, and how did the Government prevent abuses under the Act?
The National Human Rights Commission had been granted "A" status under the Paris Principles since 2004. However, the Commission could not access the places of detention of the National Security Agency and the centre where escapees from the Democratic People's Republic of Korea were held. Would the State party grant access to these centres for the Commission? How were its recommendations being implemented and how was its functional and budgetary independence ensured? The Republic of Korea had yet to ratify the Optional Protocol to the Convention against Torture. What progress had been made in this regard, including regarding the establishment of a national preventive mechanism for the prevention of torture?
How were prisoners informed about the process for lodging complaints related to human rights abuses? What activities did human rights violation reporting centres conduct? There were 2,934 cases of human rights violations reported to the human rights violation reporting centre of the Ministry of Justice in 2018, but only 71 cases were accepted and redressed. How was the Government ensuring that human rights violation reporting centres contributed to preventing human rights violations?
Ms. Racu said that the recognition rate for asylum applicants was low, at just 1.6 per cent from January to July 2023. The application process reportedly took up to five years. Why was the process so long and why was the reception rate low? What measures were in place to improve material conditions in migrant reception centres and access to interpreters? It was positive that the Government had introduced a waiting zone with amenities and other facilities in the Incheon International Airport. There was reportedly no clear pathway to naturalisation for defectors from the Democratic People's Republic of Korea; was the Government working to establish this? Persons with "temporary humanitarian stay permits" did not have the same access to basic services as refugees and faced difficulties in securing jobs. What were the rights of persons with these permits?
The Committee welcomed improvements to the refugee status determination procedure. Did the State party intend to review appeal procedures to ensure that appeals had a suspensive effect on expulsions? Defectors from the Democratic People's Republic of Korea could be held by the State for up to six months without access to counsel and could be deported if it was found that they did not qualify for protection. How many such persons were currently detained and how many had been deported? Had the Government received any extradition requests regarding individuals suspected of torture, and had it ensured that such persons would not be subjected to human rights abuses in the receiving State?
PETER VEDEL KESSING, Committee Expert and Country Rapporteur, asked if the Convention and the absolute prohibition of torture were addressed in the training of public officials. Would the State party address the Istanbul Protocol in training of medical experts? How did it assess whether training of public officials and medical personnel contributed to reducing incidents of torture.
Overcrowding of prisons had been a long-term problem for the Republic of Korea. The occupancy rate was reportedly 118 per cent in 2022. The Committee appreciated the measures presented by the State party to reduce overcrowding. How had these contributed to reducing the occupancy rate? What other measures were being developed? Was it normal for two or more inmates to be housed in one cell? Were reports that inmates often had less than 2.5 square metres of space accurate? What measures were in place to address these issues? Were reports that the State party was considering lowering the age of criminal responsibility to 13 years accurate? How often had parole been issued in 2022 and 2023?
Under law, solitary confinement could be imposed for up to 30 days, or 45 days in cases of aggravating circumstances, far from the Mandela Rules standard of up to 15 days. It could also be imposed consecutively. There were several examples where prisoners had been placed in solitary confinement for more than 100 days. How many inmates had been subjected to solitary confinement in 2022 and 2023? Did inmates have the right to appeal solitary confinement? What was the status of deliberations regarding reducing the period of solitary confinement?
The State party's figures indicated that there were 36 deaths in custody in 2019 and 40 in 2018, but there were alternative reports of higher numbers of deaths. What steps had been taken to improve access to medical treatment in prisons? Were signs of violence and excessive use of force always reported to medical doctors and investigated by an independent institution outside the prison system?
The Committee welcomed the de facto moratorium on the death penalty observed by the State party since 1997. However, courts reportedly continued to impose the death penalty and 59 persons were currently on death row. It was remarkable that the Government continued to support the death penalty but had voted in favour of General Assembly resolutions on abolishing the death penalty. What was the reason for the Government's inconsistency? What progress had been made in reviewing the abolition of the death penalty? Could individuals be extradited to other States if there was a risk that they would be sentenced to death?
Many persons with mental and psychosocial disabilities were reportedly placed involuntarily in psychiatric institutions. The national human rights institute received almost 23,000 complaints between 2010 and 2019 about human rights violations in psychiatric hospitals. Why did the institute rarely conduct visits to such hospitals? Amendments to the Mental Health Act in 2016 increased requirements for forced hospitalisation, however, there was no independent external institution that effectively monitored forced hospitalisation. The Government's committee for examination of legitimacy of admission only granted discharges in only about one per cent of the cases. Would the State party take further measures to reduce involuntary hospitalisation and strengthen patients' rights to an effective review?
How was the State party ensuring that mentally ill patients placed in residential institutions were not exposed to inhuman or degrading treatment? How was the State party overseeing residential care institutions? Why was the national human rights institute not permitted to conduct unannounced visits to these institutions?
How many individuals had been awarded redress in 2022 and 2023 because they had been exposed to torture or another form of ill treatment? Very few victims had received redress, apologies, compensation, and rehabilitation from the State party. What steps would the State party take to ensure that survivors of past State violence and institutionalisation received the needed redress and rehabilitation?
One Committee Expert welcomed that the Republic of Korea had adopted the Palermo Protocol and was implementing a national action plan on fighting human trafficking.
Other Committee Experts asked about whether the State party applied the same rules regarding extraditions of persons fleeing the Democratic People's Republic of Korea to persons fleeing other States; training provided to the military on international humanitarian law, including the Convention; the Republic of Korea's plans to accede to the Second Optional Protocol to the International Covenant on Civil and Political Rights on the abolition of the death penalty; measures taken to increase the number of doctors and psychologists placed in detention facilities and the quality of their training; and measures to revise legislation on trafficking to better identify victims and hold perpetrators to account.
Responses by the Delegation
The delegation said that the Government had conducted studies related to ratification of the Optional Protocol to the Covenant. The authority that the Optional Protocol would grant to the Subcommittee for the Prevention of Torture could potentially conflict with domestic laws. The Government thus believed that using domestic mechanisms was preferable to ratification. Various laws ensured that detainees had the right to report human rights violations.
State legislation stipulated the imprisonment of State agents who tortured detainees for at least one year with labour, or three years with labour in cases where the detainee had died. A proposal to extend the maximum imprisonment period to five years had been rejected. The statute of limitations did not apply to crimes of genocide or murder. A bill proposing that the statute of limitations be removed from State crimes against humanity had been rejected by the National Congress.
The right to counsel was guaranteed in principle throughout all stages of investigations. However, if a counsel had violated the law or impeded investigations, including by leaking information, their participation could be exceptionally restricted. Complaints could be filed about decisions to restrict the counsel's participation. Investigations into the cases of defectors from the Democratic People's Republic of Korea were administrative, thus they did not involve legal counsels. A bill had proposed granting access to legal counsel for defectors, but this had been rejected. Persons from economically vulnerable groups had access to free legal aid, including from attorneys stationed at police stations.
Requests from detainees to see a doctor were granted as often as possible. Over the past five years, the Government had increased its budget for external medical treatment for detainees and covered over 85 per cent of the costs of this treatment. Patients' medical records were confidential but could be submitted to prosecutors. The number of transfers to external medical facilities had been increasing in recent years, and remote medical examinations were also provided.
There was no need to amend or abolish the National Security Act. It clearly prohibited acts that threatened the security of the State. The Government only applied the law against such threats, safeguarding freedom of expression. The claim that the Act was being used to supress criticism of the Government was not true.
Detained persons could file complaints with the National Human Rights Commission, which could visit detention facilities ex officio and interview detainees. If the Commission identified criminal acts, it could refer cases to the Prosecutor General and recommend corrective actions to Government agencies. If all non-governmental organizations were granted access to detention facilities, the privacy of detainees could be put at risk. One non-governmental organization conducted an annual fact-finding survey of residential facilities for persons with disabilities, and the National Human Rights Commission could investigate such facilities. Care facilities for homeless people and the elderly were accessible by non-governmental organizations.
Committees had been established to investigate involuntary hospitalisation and reports of human rights violations in mental health institutions, and assess requests for discharge. If they found violations, they called on Government agencies to take protective measures for the patient. Forms for submitting complaints and requests for discharge were made available at all mental health institutions. When there was a high likelihood of self-harm, isolation of patients was permissible under the direction of a specialist. Violations of guidelines regarding isolation and restraint were punished, and persons subjected to isolation could file complaints.
The Government supported international discussions concerning a gradual reduction in the use of the death penalty. The Republic of Korea had not carried out the death penalty since 1997. It did not currently support the immediate abolition of the death penalty, and so would not ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights.
In 2019, two nationals of the Democratic People's Republic of Korea who had committed serious crimes, including murder, were returned to the Democratic People's Republic of Korea. A trial was underway into this matter. The Government had a policy of granting residency to all defectors, with the possible exception of international criminals.
All detainees underwent health examinations. There were no recent reports of abuse by police officers in police detention centres. Statements of suspects could be video recorded. Guidelines had been developed on video interrogations to ensure that suspects' rights were protected. Victims of torture could file complaints with the human rights violation reporting centre, which could take disciplinary proceedings if it found claims to be true. There had recently been seven deaths in such centres, one of which was a suicide. Courts could request autopsies to investigate causes of death. Results of autopsies were fully explained to bereaved families. In the last three years, autopsies were performed on 149 prisoners.
Five persons had been sentenced to imprisonment with labour for crimes under the National Security Act, while other trials were underway.
The national human rights institute was authorised to conduct visits and ex officio investigations into all detention facilities. There had been no ex officio inquiries instigated into the Democratic People's Republic of Korea defector protection centre in the last five years, but the institute was authorised to instigate such investigations. The institute could publish the findings of their investigations in the press. Legislative amendments had been proposed to strengthen the financial and organisational autonomy of the institute.
Since 1994, over 1,100 individuals had been recognised as refugees by the Republic of Korea, with a recognition rate of 1.7 per cent. Many people filed asylum applications for economic regions, lowering the recognition rate. Recognition rates were high for people from countries with unstable security situations, such as Myanmar, for which the rate was 59 per cent. Appeals could be made at each stage of the asylum screening process. There was a low number of staff involved in refugee affairs, contributing to the backlog in processing cases, and there were also difficulties in securing interpreters. The Government was working to increase human resources to address these issues.
The maximum duration for the detention of foreigners was set at 18 months, or 36 months for foreigners who had committed serious crimes. An immigration detention committee would be established to review appeals against immigration detention. The committee would conduct reviews every three months to assess the necessity of continuing detention. Refugee applicants could receive living expense support within six months and education support, and work permits if they met certain requirements. Recipients of humanitarian visas could obtain work permits for general activities but needed to meet certain requirements to undertake specialist work. Recognised refugees could receive the same level of housing, medical and educational support as Korean citizens.
At ports of entry, when foreigners applied for refugee status, entry inspections were carried out, during which time these persons were placed in departure waiting rooms. These rooms had bedding, shower facilities and internet access. Foreigners were permitted to leave these rooms while their application was being processed to receive medical treatment. A bill to amend the Immigration Act to improve the treatment of foreigners subjected to repatriation had been submitted to the National Assembly.
The Government was implementing measures to help defectors from the Democratic People's Republic of Korea adapt to life in the Republic of Korea. Defectors could apply for provisional protection, family registration and citizenship. Persons being protected at the defector protection centre were not detained. These persons freely consented to staying in the centre. The Government had shortened the provisional protection period from 180 to 90 days, and this could only be extended once for 30 days. The Republic of Korea had not received any requests for extradition of foreigners suspected of torture.
In 2012, the Government enacted the Refugee Act, which stipulated the principle of non-refoulement. Around 12,000 people had been granted humanitarian status. The Government was improving the fairness of refugee status screenings by making recording of interviews mandatory, and guaranteeing defence counsel for applicants. Screening officials received training on human rights, including from the Office of the United Nations High Commissioner for Refugees. A body was established in 2020 to assess appeals to asylum decisions. The average capacity in immigration detention was around 750. The Government was supporting migrants to depart quickly to prevent overcrowding of immigration facilities.
Police officers were prohibited from engaging in acts of torture and other cruel, inhuman or degrading treatment. Mandatory human rights training addressing international human rights treaties and the prohibition of torture was provided to all police officers and correctional officials, including medical personnel. Republic of Korea troops deployed overseas were trained for three weeks before deployment on human rights and international humanitarian law.
The Government had been constructing, renovating and relocating prisons to expand confinement capacity. The current capacity was around 50,000 persons and would soon be expanded to 59,000 to bring the occupancy rate down to 100 per cent. It was currently at 113 per cent. Protests from residents had slowed efforts to construct new prisons. A council had been set up to resolve conflicts between residents and the Government. Efforts would be made to expand the standard area per inmate to 3.4 square metres. There had only been six cases in which complaints from detainees of overcrowding were accepted.
The Government sought to amend the age of criminal responsibility to 13 to address the increase in violent youth crime. There were currently only 12 detainees under the age of 15. Juvenile detainees were separated from adults. There was no issue of overcrowding of juvenile detention at present. In 2023, 9,525 persons were released on parole.
Legal amendments had been made to limit the maximum length of solitary confinement to 45 days. The Government was currently considering measures to better protect the rights of persons in solitary confinement. In 2022, around 19,000 persons were placed in solitary confinement. Persons were released from solitary confinement within 15 days in around 75 per cent of cases.
There were cases where mental health institutes had identified violations against patients by staff members and implemented sanctions. The national human rights institute had conducted 10 investigations into mental health institutes over the reporting period. There had been a continuous increase in in-person examinations of cases of involuntary hospitalisation in recent years. The Government aimed to further increase the rate. Within two weeks of hospitalisation, examinations needed to be undertaken by two specialists regarding the necessity of admission. This prevented unnecessary admissions.
The Republic of Korea had a low rate of psychiatrists per 1,000 persons. It was working to increase this rate. The two committees that assessed hospitalisations were independent. Physical restraints could be used for therapeutic and protective purposes as prescribed by law. Staff at residential mental health institutes needed to undergo annual human rights training.
The Truth and Reconciliation Commission assessed cases of historical human rights violations, such as the case of violations at the Brothers Welfare Institution. In this case, the Commission had called on the State party to provide redress to victims, and ratify the Convention on enforced disappearance. Around 400 victims had been provided with support funds thus far.
The number of medical personnel and doctors in prisons was increased over the reporting period. Medical doctors in prisons received salaries comparable to those in the private sector without a salary cap. Immigration centres were staffed with doctors who always provided medical assistance. Since 2014, the armed forces medical school had provided first responders training. Around 85 officials had completed the training.
Legislation on trafficking in persons defined the purpose and means of human trafficking in line with the Palermo Protocol. Persons who engaged in human trafficking were held accountable, even when the victim consented to being trafficked.
Questions by Committee Experts
ANA RACU, Committee Expert and Country Rapporteur, said several measures had been taken in recent years to address human rights violations in the military. Ms. Racu welcomed the creation of the human rights Ombudsperson and efforts to reduce the scope of military jurisdiction and allow the use of mobile phones in the army. Military violence such as beatings and bullying often resulted in suicides. Sexual violence within the military was a serious issue, as was digital violence. On average, 50 soldiers committed suicide per year, the majority of whom were conscripts. There were counselling services for conscripts. Many military personnel experienced mental health issues due to their experiences in the military.
The alternative service system required a long period of service compared to active-duty service, at around three years, and was limited to service in prisons. What measures were in place to prevent violence in the military, including awareness raising measures and training? What results had been reached by investigations into military suicides? Had officers been prosecuted for engaging in violent acts? Could the Ombudsperson conduct unannounced visits to military facilities? What steps had been taken to abolish military legislation that prohibited same-sex relations? What measures were in place to prevent discrimination of lesbian, gay, bisexual, transgender and intersex persons in military units?
Medical treatment of inmates was subject to police authorisation and in many cases, police did not grant authorisation for such treatment. How many requests for medical treatment had been lodged by inmates and how many had been granted? What was the process for documenting signs of torture after admission into police detention? How many criminal cases had been initiated as a result of ill-treatment in police custody? How could persons in police custody access psychiatric services?
Reports indicated that the State budget for supporting asylum seekers was quite low. In 2022, only 23 per cent of their medical expenses and 25 per cent of living expenses were covered by the State budget. How was the State party addressing this issue? Could asylum seekers and refugees access free legal aid and interpretation services?
What measures had been taken to ensure that victims of violence against women could file complaints, and that those complaints were investigated and perpetrators were sanctioned appropriately? There was a low rate of reporting, indicating a lack of trust in public redress procedures. How had the Government monitored restraining orders and worked to prevent revictimisation of victims? What capacity building programmes were in place on violence against women for public officials and the public?
How was the Government addressing the issue of comfort women? The Committee was aware of the ongoing debate on this issue, but many comfort women had yet to obtain adequate compensation. What redress had been provided to these women over the reporting period and how many survivors were still alive? Both the Republic of Korea and Japan had positive obligations to provide redress to victims and put an end to impunity for sexual violence.
PETER VEDEL KESSING, Committee Expert and Country Rapporteur, said that the delegation's detailed replies to the Committee's questions were very impressive. What concerns did the State party have regarding the activities of the Subcommittee on the Prevention of Torture, the investigations of which were confidential? Would the State party consider strengthening the role of the national human rights institute to allow it to conduct unannounced visits to prisons and private interviews with inmates? Who were the members of the immigration detention review committee?
The Expert commended the State party for building new prisons and expanding space per prisoner to 3.4 square metres. Would the State party now consider amending guidelines on the amount of space per prisoner in prisons? He also welcomed that external medical treatment was being used more frequently for inmates. Did inmates need to cover the costs of external treatment?
The national human rights institute did not compile statistics on torture and ill treatment. It had made around 550 recommendations regarding complaints of human rights violations in prisons over the reporting period, including complaints of five cases of deaths in prisons and around 100 cases of assault against prisoners. Had the State party implemented these recommendations?
There were 2,400 mental health institutions in the Republic of Korea but only around four per cent of these had been inspected by the national human rights institute. Could the institute be provided with more funding and access to the remaining institutions?
Mr. Kessing welcomed that the Government was considering reducing the period of solitary confinement in line with international standards. The Mandela Rules called for daily medical checks of inmates in solitary confinement. Were these carried out? Did the State party have a national mechanism to monitor and follow-up on the recommendations of the Committee and other human rights treaty bodies?
Responses by the Delegation
The delegation said that a suicide prevention system had been developed in the military. The military mandated suicide prevention education at least once every six months and trained suicide prevention instructors. As of 2023, there were over 2,000 such instructors, as well as 600 military counsellors. There were 140 counsellors specialised in sexual abuse. Reports of acts of cruelty within the military were kept confidential to protect the reporter. A 24-hour help line was in place to receive complaints of abuse in the military and provide timely counselling services. Military human rights officers had also been appointed to conduct awareness raising on human rights issues.
Legislation had been amended to punish assault in military barracks regardless of the victim's will. Supervisors who ordered the commission of human rights abuses were also held accountable. Human rights education programmes and gender sensitivity training were in place for members of the military each year.
The alternative service programme was established after a long period of public consultation. Prisons were chosen as appropriate alternative service agencies. The Government sought to improve the alternative service institution in future.
The Government prohibited discrimination on the basis of sexual orientation and gender identity. It protected the rights of gay soldiers and ensured the conditions for their military service. Legislation banning indecent acts between two soldiers had been deemed constitutional. There had been a total of 206 military deaths reported to the national human rights institute, and 125 investigations had been carried out in response. It was sometimes difficult for the institute to conduct investigations due to ongoing military investigations and the institute's lack of staff. The Government was working to increase the institute's human resources.
The Government responded sternly to domestic violence offences, detaining perpetrators during investigations. Sexual violence crimes by relatives were considered to be aggravating circumstances. The State worked to prevent recidivism. Legislation on rape could also be applied to marital rape. Urgent protective orders, including restraining orders, were implemented to separate domestic violence perpetrators from victims.
Twelve investigation units had been established to respond to crimes against women and children in the various regions of the State and there were specialised prosecutors who worked on cases of crimes against women and children. Capacity building training programmes were organised to strengthen officials' responses to these crimes, and awareness raising campaigns on sexual and gender-based violence had also been developed. Support centres for victims of domestic violence and sexual violence had been established. Specialised hospital units had also been developed for sexual violence victims.
The Government covered medical expenses for former comfort women, offering them regular support and counselling. In 1993, legislation on protection and support for victims was enacted. A ceremony was held in honour of victims each year. Efforts were also being made to collect evidence of abuse of comfort women.
The Government would continuously strive to expand per capita area in prisons for inmates. Around 11.5 per cent of costs for external medical procedures were borne by inmates. Persons in solitary confinement were checked by medical officers on an ongoing basis.
The Government set out implementation plans for the recommendations of the Committee and other human rights treaty bodies every five years. The national human rights policy council assessed the implementation of those recommendations.
Around 85 per cent of complaints filed with the Ministry of Justice's human rights complaints centre related to complaints of abuse by detainees. Sanctions were carried out by the Ministry of Justice if abuses were verified by the centre.
Concluding Remarks
CLAUDE HELLER, Committee Chair, said that the delegation had displayed a high degree of organisation and numerous ministries had been represented in the delegation. The Committee would submit concluding observations based on the dialogue with recommendations that could be implemented within one year. The Committee was interested in continuing its dialogue with the Republic of Korea and following-up on the implementation of the concluding observations. The United Nations was facing a difficult period due to the liquidity crisis. Mr. Heller called on the Republic of Korea to support the United Nations in this period.
SOUNG JEA HYEN, Director General, Human Rights Bureau, Ministry of Justice of the Republic of Korea and head of delegation, thanked the Committee for its insightful comments regarding the periodic report. Over the last six years, the Republic of Korea had made substantial progress, but many challenges remained. The Committee's concluding observations would be a valuable guide for the State in its efforts to protect all persons from torture and other cruel, inhuman or degrading treatment. It looked forward to the Committee's constructive critic and guidance going forward.Link: https://www.ungeneva.org/en/news-media/meeting-summary/2024/07/examen-de-la-republique-de-coree-au-cat-la-definition-de-la
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