FOR IMMEDIATE RELEASE
AHRC-STM-147-2009
June 24, 2009
A Statement by the Asian Human Rights Commission on the occasion of the International Day in Support of Victims of Torture, June 26
SOUTH KOREA: The definition of torture and rehabilitation for torture victims are urgently needed
The practice of torture through illegal detention was common during the military dictatorship in the past in the Republic of Korea. As a result, thousands had to face illegal detention and suffer torture at the hands of the investigating police or prosecutors. The confessions through torture were broadly admitted as evidence at the court, contrary to the Constitution. Before and in the process of democratisation in 1987, thousands were victimised by this practice. However, no victims of torture including his or her family members have been taken into consideration by the government.
However, the government is now making efforts. Ratification of the Convention Against Torture, Other cruel, Inhuman or Degrading Treatment or Punishment in 1995 is one such effort. The government however, has chosen not to adhere to articles 20 and 21 of the Convention. Later, the government changed their mind and declared the competence of the Committee in November 2007 but neglected to inform the people. Several articles of the Criminal Procedure Act were amended. Regrettably, the government has yet to ratify the Optional Protocol to the Convention Against Torture. Regardless of this effort, several problems remain unsolved.
Firstly, even though there are several articles in the Constitution as well as the Criminal Procedure Act criminalising the act of torture, there is no definition of torture in accordance with the Convention. These days, the act of torture by the investigating police or prosecutors is rarely reported during the interrogation process. While the police now rarely use torture as a means to obtain confessions they are still brutal in their treatment when forcibly dispersing demonstrators. In addition, it is common that the practice of torture by a third party occurs under with acquiescence of the law enforcement agents.
Secondly, there is no proper rehabilitation programme regardless of the fact that thousands of persons have become the victims of torture. Due to this reason, the victims, including their family members suffer from Post Traumatic Stress Disorder. If ones case is reviewed and compensated accordingly, he or she is extremely lucky. However, even in this case, victims live in extreme fear and pain due to the absence of a rehabilitation programme. Furthermore, those police involved in a case of torture consider themselves and other colleagues, as well as their family members as committed police officers and patriots, and think that as they devote their whole lives for the country they are not doing anything wrong.
Thirdly, there is a lack of punishment for torturers. The primary cause for the impunity to the torturers is the statue of limitations. Most victims claim that even though they bring their cases to the court after democratisation in 1987, their cases are dismissed due to the reason that the torture happened over seven years ago. Therefore, the torturers cannot be punished under the name of legal stability. In fact, the legal stability allows torturers to enjoy impunity and nullifies its reason for existence.
Does the country have a relatively proper system prevent torture occurring in the future? It is believed that the government has so far failed to take necessary action to eliminate the practice of torture. These days, the prosecutors office takes up the strategy: just arrest an accused then find the evidence. At the same time, it leaks unverified information to the media so that the media has large coverage on the information as if an accused commits a crime, even though this is strictly prohibited under the Criminal Procedure Act. Police still use batons and shields to attack demonstrators and media personnel in the process of dispersal. Therefore, the brutality of the police is repeated over and over again whenever such situations occur.
In order to fulfil its commitment to the Convention as a state party and eliminate the practice of torture, the government should:
1. Define torture in the domestic law in accordance with the Convention and declare it as a crime against humanity.
2. Provide adequate compensation and a comprehensive rehabilitation programme to the victims of torture.
3. Remove the statue of limitation in cases of torture.
4. Deny investigation reports when the act of torture or ill-treatment is found to have occurred during interrogation.
5. Shorten the detention period, in particular cases under the National Security Act.
6. Ratify the Optional Protocol to the Convention Against Torture, and
7. Amend the Criminal Procedure Act to so that the defence lawyers can participate in the interrogation by any law enforcement agency so that they may actively represent an accused. (At present lawyers can attend interrogation but are not allowed to advice their clients).
