Standards Clarified Under Article 147 of the Criminal Procedure Act Amid "Closed Trial" Controversy
Military Human Rights Center Calls for Recusal of Judges from the Gallery
The trial of former Defense Minister Kim Yonghyun and others on charges of insurrection, which had been held behind closed doors for five consecutive sessions, will be open to the public starting from the witness examination on the afternoon of May 23.
On May 23, the 25th Criminal Division of the Seoul Central District Court (Presiding Judge Ji Guyeon) held the seventh hearing for Kim, who is charged with carrying out key duties related to insurrection, as well as for former Army Intelligence Commander Noh Sangwon and former Third Army Corps Military Police Commander Kim Yonggun (Colonel). The court decided to keep the trial closed until the morning witness examination of a person surnamed Shin, but from 3 p.m., the witness examination of Koo Samhoe, Commander of the Army 2nd Armored Brigade (Brigadier General), would be open to the public.
The prosecution stated, "Except for a few witnesses such as those from the Joint Chiefs of Staff and the Defense Counterintelligence Command, it is difficult to see how national security would be harmed," adding, "There is no longer a need for closed proceedings at this time." In response, Kim's defense argued, "It was the prosecution that initially requested a closed trial, and we requested it to be open. We have not benefited from this. To say that the trial was closed at the defendant's request is completely unfounded," and added, "Now claiming that closed proceedings are unnecessary seems intended as an insult."
Presiding Judge Ji stated, "Regarding whether to open the witness examination to the public, Article 147 of the Criminal Procedure Act states that for matters involving official or professional secrets, approval from the relevant agency is required for witness qualification," and explained, "All witnesses so far have been approved by their agencies on the condition of confidentiality. To preserve the evidentiary value of their testimony, only those parts were kept private." He continued, "Since there is no issue with the head of Koo Samhoe's agency for the 3 p.m. witness, we will return to the principle and make it public."
When the court attempted to switch to a closed session at around 10:45 a.m. for Shin's witness examination, a representative from the Military Human Rights Center in the audience protested. The representative said, "The court had publicly promised to keep the trial as open as possible, but deciding to close it again today appears to be an admission that a fair trial will not be held," and added, "We respectfully request that all members of the 25th Criminal Division voluntarily recuse themselves from all insurrection trials in accordance with their judicial conscience."
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