Statement by the Chairperson of the National Human Rights Commission of Korea: Urging for the Implementation of the Sixth Concluding Observations by the UN Committee against Torture
The government should actively implement the recommendations repeatedly made by the Committee against Torture, including addressing overcrowding in prisons and other detention centers, removing the grounds for non-referral to asylum procedures, and providing effective redress and reparation to all victims of past State violence and institutionalization.
□ The UN Committee against Torture (“Committee”) considered the sixth periodic report of the Republic of Korea on the implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“Convention against Torture”) on July 10-11, 2024, and adopted its concluding observations on July 26, 2024.
□ The Convention against Torture is one of the United Nations’ most quintessential international human rights conventions to prevent torture, ill-treatment, and inhuman treatment in the countries that have ratified the convention. The Committee periodically reviews the State party’s implementation of the Convention and makes recommendations on the matters that need to be improved.
□ Since its ratification of the Convention against Torture in 1995, the Republic of Korea has submitted a total of four periodic reports to the Committee on its implementation of the Convention (the third to fifth reports were combined and submitted together). The present concluding observations issued by the Committee are based on its consideration of the sixth periodic report submitted by the government of the Republic of Korea. They are regarded as the international community’s assessment of the country’s protection of human rights for detained persons in detention centers and victims of past State violence and institutionalization.
□ In its concluding observations on the government of the Republic of Korea, the Committee noted the positive aspects of the country: the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance, the enactment of the Act on Prevention of Human Trafficking and Protection of Victims, and the launch of the National Trauma Recovery Center.
□ On the other hand, the Committee suggested 46 "principal subjects of concern and recommendations" on 16 issues.
○ More specifically, the Committee included the recommendations to: (i) incorporate into the Criminal Act a definition of torture that makes torture a distinct crime and incorporates all the elements of Article 1 of the Convention, and ensure that no acts of torture are subject to any statute of limitations; (ii) take further measures to reduce overcrowding in prisons and other detention centers; (iii) consider abolishing the death penalty; (iv) repeal or amend the National Security Act; (v) ensure all cases of death in the military are thoroughly investigated by an independent mechanism and bring those responsible to justice; (vi) prevent involuntary placement in psychiatric institutions; (vii) avoid detaining immigrant minors and provide appropriate non-custodial care arrangements; (viii) ensure that all victims of past State violence and institutionalization are provided effective redress and reparation; and (ix) ensure that all former “comfort women” are provided effective redress and reparation.
○ More importantly, the Committee requested the government of the Republic of Korea to provide, within one year, information on follow-up to its recommendations on (i) fundamental legal safeguards for detained persons; (ii) improved practices and laws/regulations for solitary confinement; (iii) prisoners’ access to adequate healthcare; and (iv) independent investigations into allegations of torture and ill-treatment and cases of death, including suicides, and punishment of those responsible in the military.
○ Regarding the National Human Rights Commission of Korea, the Committee recommended that the government of the Republic of Korea should (i) guarantee the independence, diversity and functional autonomy of the Commission; (ii) amend its legislation to ensure a clear, transparent and participatory process for the selection and appointment of members of the National Human Rights Commission of Korea; and (iii) further strengthen the Commission’s monitoring mandate by granting it access to all places of detention, as well as the authority to carry out unannounced visits to all places of deprivation of liberty, and privately conduct confidential interviews with persons deprived of liberty without witnesses.
□ In these concluding observations, the Committee called for specific improvements to protect human rights for detained persons in detention centers and victims of past State violence and institutionalization. It is worth noting that the recommendations the Committee has made repeatedly from its first concluding observations in 1996 were included in the concluding observations, such as the recommendations to ensure that no acts of torture are subject to any statute of limitations; take further measures to reduce overcrowding in prisons and other detention centers; consider abolishing the death penalty; repeal or amend the National Security Act; and ensure that all victims of past State violence and institutionalization are provided effective redress and reparation. These recommendations have been made repeatedly by other international human rights treaty bodies, such as the UN Human Rights Committee, and the National Human Rights Commission of Korea.
□ It is deeply regrettable that the above human rights issues have not seen much of an improvement and are pointed out again, despite repeated recommendations from the international community. This inaction does not live up to the role and expectations that the international community has for the Republic of Korea. Therefore, the National Human Rights Commission of Korea strongly urges the government to actively implement the Committee’s recommendations.
□ To facilitate the Committee to reach meaningful concluding observations on the improvement of the human rights situation in the Republic of Korea during its consideration of the report, the National Human Rights Commission of Korea submitted the list of issues prior to the review, expressed its opinions on a draft of the sixth periodic report of the State party, provided a written submission of the national human rights institution to the Committee, and participated in the consideration of the sixth periodic report.
□ The National Human Rights Commission of Korea will continue its efforts to promote the implementation of the Convention in Korea by spreading the Committee’s concluding observations on the sixth periodic report across the country and working with the government and civil society.
July 30, 2024
Song Doo-hwan
Chairperson of the National Human Rights Commission
