CAT/C/KOR/CO/2
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(a)
The more stringent application of the National Security Law, and measures to
release and pardon individuals previously convicted under the law;
(b)
Measures to investigate and provide remedies for past violations of human rights,
such as the enactment in 2000 of the Special Act to Find the Truth on Suspicious Deaths and the
subsequent establishment of the Presidential Truth Commission on Suspicious Deaths, as well as
the enactment of the Act on the Restoration of Honour and Compensation of Persons Engaged in
the Democratization Movement in 2000;
(c)
The establishment in 2001, of the National Human Rights Commission with a
mandate to investigate and remedy human rights violations and, in certain circumstances, to
conduct inspections of detention and correctional facilities;
(d)
Measures to ensure that the fundamental legal safeguards for persons detained by
the police are respected, including the revision of the Criminal Procedure Act in 1997 to enable
judges (upon request) to examine individuals before arrest; the enactment of the Directive for
Human Rights Protection during Investigation Procedures in 2002; and the General Measures to
Reinforce Human Rights Protection during Investigation Procedures in 2005;
(e)
The establishment of human rights units or departments within the Ministries of
Justice and National Defense, and in district public prosecutors’ offices; and
(f)
The establishment of civilian monitoring bodies for detention and correctional
facilities, such as the sexual violence monitoring board and the correctional administration
advisory committee.
C. Subjects of concern and recommendations
4.
While welcoming the oral assurances given by the delegation that it will make
recommendations for changes in domestic law regarding torture, the Committee remains
concerned that the State party has not incorporated a specific definition of the crime of torture in
its penal legislation as set out in article 1 of the Convention.
Recalling the Committee’s previous recommendation (A/52/44, para. 62), the State
party should incorporate a definition of the crime of torture into its Criminal Code
in accordance with article 1 of the Convention.
5.
The Committee notes with concern that article 125 of the Criminal Code relating to
violence and cruel acts is only applicable to specific individuals in investigation and trial
processes, while other acts constituting torture that fall outside the scope of this article are
dealt with under different provisions of the Criminal Code and are subject to lesser penalties.
The State party should review and, if necessary, amend its Criminal Code to ensure
that all acts of torture are criminalized and punished in accordance with article 4,
paragraph 2, of the Convention.