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A detention center or protection facility refers to the following facilities:
1. Prison, youth prison, detention center and its branches, facilities for probation, institutes of forensic psychiatry, juvenile rehabilitation schools, and the juvenile classification review board;
2. Jails and facilities where a judicial police officer investigates, detains, and impounds persons as acts that lie within the scope of his/her duties;
3. Military prisons (including its branches, detention houses for those who have not been convicted, and the military police guard station).
4. Shelter for foreigners
5. Protective facilities for the public
When a complaint is filed against the same respondent with the same violation, the petitioners may appoint a representative to file the complaint. Even if the petitioners do not appoint a representative, the Committee may recommend doing so, if this is necessary.
If the petitioner or the victim is not known, the factual investigation for remedial measures becomes impossible even when a petition gets registered. Thus, a complaint should be registered under an actual name since a complaint registered anonymously or under a pseudonym can serve as a basis for the case’s dismissal.
Every petition, registered by fax, mail, or e-mail, will be given an individual registration number. The Commission will send the petitioner a “certificate of registration,” which states the registration number, date of registration, and the person in charge of the registration, and other data that can be made to confirm the registration. For petitioners who visit the office and register their complaints, the “certificate of registration” will be given right way.
The National Human Rights Commission Act protects petitioners so that they are not subject to any kind of unfair treatment or disadvantages like removal from office, getting transferred to another position, disciplinary action on account of his/her acts such as petition, statement, witness, presentation of materials or reply under this Act to the Commission If any unfavorable or unjust treatment occurs, the Commission should be duly informed and will then make appropriate actions to remedy the situation.
In principle, a petition should be processed within three months from the date of its registration. However, when this period needs extending due to circumstances that are beyond control, such reasons will be notified to the petitioner in writing.
The Commission cannot prosecute the respondent since it is not a judicial institution. However, as a result of the investigation, if the violation is found to fall under criminal acts requiring criminal prosecution, then, the Commission may inform the Prosecution General of such violations. The Commission may also recommend the head of any relevant entity to inflict disciplinary action on the offender.
Yes. Article 4 of the National Human Rights Commission Act states, “This Act
shall apply to all citizens of the
If the facts causing the petition are either being tried, have already been terminated at a court or at the Constitutional Court, are being investigated by a criminal investigation agency, or undergoing the procedure for the relief of rights under any other Act, this petition will be dismissed.
Exceptions will be made when:
▪ A public official makes a person do something beyond this person’s duty, or obstructs the victim’s exercise of his/her rights by authority with respect to cases that have been initiated ex officio by the investigation agency and not by the victim’s complaint, accusation, or petition (Penal Code, Article 123);
▪ A person arrests or imprisons the victim by abusing official authorities, or assists certain duties or carries out acts related to judicial trials, prosecution, policing, and other acts related to personal confinement (Penal Code, Article 124);
▪ Violent or cruel acts are inflicted upon a suspect or upon other people (Penal Code, Article 125).
Thus, even if the criminal investigation agency has already recognized, investigated, or finished such investigations on acts that violate human rights, the victim or a third party may still file a complaint to the Commission. The Commission will then investigate the case after the complaint is filed ex officio, or if the criminal investigation was regarded as insufficient. However, if a complaint (or petitioner) makes a request to a criminal investigation agency after filing a suit with the Commission, and the case is being investigated by a criminal investigation agency or such investigation is terminated, then the Commission can no longer investigate the case.
If one or more years have elapsed since the offense took place, this may serve as a basis for the possible rejection of the case. If the Commission, however, decides to investigate the case, especially when the statutory limitation for public or civil prosecution has not yet been completed, then the investigation may continue.
A statute of limitation refers to when the prosecutor loses his/her right to prosecute a case once a certain period has elapsed, since the actual occurrence of a criminal act, and the duration of the period differs depending on the weight of a criminal act. And since a party loses his/her right to bring a case after a predetermined period of time, periods of a statute of limitation in civil prosecution may also differ in every case. After all, since a case does not get dismissed just because one or more years have elapsed since the offense was committed, it is better to file a petition after thorough consultations on this matter have been made.