CAT/C/KOR/CO/2
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6.
While acknowledging recent measures to limit the application of the National Security
Law and to extend leniency to persons convicted, the Committee remains concerned that specific
provisions of the law remain vague and that rules and regulations regarding arrest and detention
continue to be applied in an arbitrary way.
Recalling the Committee’s previous recommendation (A/52/44, para. 59), the State
party should continue to review the National Security Law to ensure that it is in full
conformity with the Convention, and that arrests and detentions under the law do
not increase the potential for human rights violations. The State party should also
include information, in its next periodic report, on the progress and outcomes of
discussions within the National Assembly to repeal or amend the law.
7.
Despite the existence of legislative and administrative measures to prevent and prohibit
torture and other forms of ill-treatment, the Committee remains concerned at continuing
allegations of torture and intimidation committed by law-enforcement officials, in particular in
relation to the use of excessive force and other forms of ill-treatment, during arrest and
investigation, and in detention and correctional facilities.
The State party should give higher priority to efforts to promote a culture of human
rights by ensuring that a policy of zero tolerance is developed and implemented for
all law-enforcement personnel, as well as for all staff in detention and correctional
facilities. The State party should also intensify its efforts to reinforce human rights
education, awareness-raising and training activities in general, and with regard to
the prohibition of torture in particular.
8.
In view of the number of reported allegations of torture and/or other acts of cruel and
inhuman or degrading treatment, and of complaints of human rights violations in general, the
Committee is concerned about the relatively low rate of indictments, convictions and disciplinary
measures imposed on law-enforcement officials. In this regard, the Committee is also concerned
that the application of a statute of limitations on torture offences, in both criminal and civil law,
may result in the lack of investigation, prosecution, and punishment of acts of torture, as well as
in the lack of compensation and other remedies provided to victims of torture. Further, the
Committee is concerned that there are no specific programmes for the treatment or rehabilitation
of victims of torture.
(a)
The State party should ensure in its legal system that all allegations
of torture and ill-treatment are promptly and thoroughly examined, and that all
victims obtain redress and have an enforceable right to fair and adequate
compensation;
(b)
In this regard, the Committee urges the adoption of the bill to
exclude or suspend the application of a statute of limitations to crimes against
humanity (including torture crimes), which is currently pending before the
National Assembly;