United Nations Human Rights Website - Treaty Bodies Database - Document - Sessional/Annual Report of Committee - the crime of torture in its penal legislation in terms consistent with the definition contained in article 1 of the Convention. 56. The Committee notes with deep concern that continued reports from non-governmental organizations show that many political suspects still go through the "torture procedure" during interrogation, in an attempt to extract confessions from them. The sleep deprivation practised on suspects, which may in some cases constitute torture and which seems to be routinely used to extract confessions, is unacceptable. 57. The Committee is also concerned that the legal system facilitates long periods of interrogation of suspects before they are charged. 58. The Committee is equally concerned at the State party's continued failure promptly and impartially to investigate and prosecute those responsible for acts of torture and ill-treatment. It is unacceptable that only formal complaints of the victims of torture are investigated. 59. While taking into account that the implementation of the National Security Law is the result of security problems on the Korean peninsula, the Committee emphasizes that the Republic of Korea must ensure that the provisions of the National Security Law are not implemented arbitrarily. The vagueness of its provisions gives rise to a great danger of arbitrariness. 60. The report of the Republic of Korea mentions a single specific case concerning the obtainment of redress for a crime of torture. The Committee expresses its concern that the existing procedures for obtaining redress or compensation are not effective. 61. It is a matter of concern that suspects may be detained for up to 10 days without a remand order or any form of approval by the courts. 5. Recommendations 62. The Republic of Korea should enact a law defining the crime of torture in terms consistent with article 1 of the Convention. 63. The national laws should be further reviewed in the light of the Convention and other standards for the protection of human rights in general. 64. Education of police investigators, public prosecutors, other law enforcement personnel and medical personnel regarding the prohibition against torture should be fully included in their training, in accordance with article 10 of the Convention, with special emphasis on the definition of torture as contained in article 1 of the Convention and on the criminal liability of those who commit acts of torture. 65. An independent governmental body should take over the inspection of detention centres and places of imprisonment. Public prosecutors, who are also part of law enforcement personnel, which may itself be subject to investigation of the crime of torture, should not be the main inspection figures. http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/de75e94f920bd0a0802565a600537744?Opendocument (16 of 109)16/10/2006 9:54:12 AM

Select target paragraph3