The United Nations Committee Against Torture (hereinafter the Committee) has recommended the abolition of the death penalty, Article 7 of the National Security Act, and the repeal of the military criminal law provision on indecent acts in the Republic of Korea.
According to the Ministry of Justice on the 27th, the Committee made these recommendations in its final observations on the review of the Republic of Korea's 6th periodic report under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) released the previous day.
The Committee is composed of 10 experts elected by the States Parties to the CAT, and the members perform their duties in their personal capacities.
The Committee recommended that Korea consider abolishing the death penalty and amend or repeal Article 7 of the National Security Act and related provisions.
Article 7 of the National Security Act (Praise and Encouragement, etc.) stipulates punishment for those who, knowing that it endangers the existence, security of the state, or the free democratic basic order, praise, encourage, or propagate the activities of anti-state organizations or their members or those acting under their orders, or sympathize with them, or who organize or join such groups for the purpose of propagating or inciting rebellion against the state.
It also punishes with imprisonment those who, as members of such organizations, fabricate or disseminate false information likely to cause social disorder, and those who produce, import, copy, possess, transport, distribute, sell, or acquire documents, drawings, or other expressions for the purpose of such acts.
The Committee recommended that Korea consider repealing Article 92-6 (Indecent Acts) of the Military Criminal Act, which punishes with imprisonment those who commit anal intercourse or other indecent acts against active-duty officers, warrant officers, non-commissioned officers, soldiers, military personnel, military school students and cadets, warrant officer candidates, non-commissioned officer candidates, reservists, and supplementary service personnel.
It also suggested that the National Human Rights Commission strengthen its authority to access all detention facilities, ensure the right to prompt legal counsel, and exclude statutes of limitations on torture offenses.
The Committee recommended not only recognizing measures to improve the physical environment within correctional facilities but also establishing independent and effective complaint mechanisms for all detention facilities and acknowledging efforts to address human rights violations within the military.
Furthermore, the Committee stated that basic legal protections for North Korean defectors should be guaranteed and that the principle of non-refoulement must be observed.
The Committee requested expressions of opinion on human rights issues within correctional facilities and complaint mechanisms related to torture, as well as additional information on medical services provided to detainees and allegations of torture within the military.
However, the Committee positively evaluated the Korean government's ratification of the Convention for the Protection of All Persons from Enforced Disappearance, the Optional Protocol to the Convention on the Rights of Persons with Disabilities, ILO Convention No. 29 on Forced or Compulsory Labour, and the enactment of the Anti-Trafficking in Persons Act, the Alternative Service Act, the Framework Act on the Prevention of Violence against Women, and amendments to the Domestic Violence Punishment Act.
The Committee also welcomed the abolition of the Yeongchang system, the establishment of measures to strengthen the right to counsel, revisions to regulations on the use of police equipment posing risks, and the formulation of the 4th National Human Rights Policy Basic Plan.
The Ministry of Justice stated, "We will thoroughly review the major human rights issues examined during this CAT review process and the Committee's recommendations to refer to the establishment and implementation of domestic human rights policies. We also plan to actively inform the international community of the government's efforts and improvements through the 7th periodic report."
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