E/CN.4/1989/15 page 38 (a) Since many of the problems seem to be connected with the complete control the political-military command has in areas under emergency law, implementation by the Government of its 1987 plan to replace Act No. 24.150 by a statute which establishes shared responsibility of civilian and military authorities in emergency areas, confining the role of the military to matters of internal order, could contribute to a climate which is more beneficial to the respect for human rights. Some authorities informed the Special Rapporteur that it was the Government's intention to establish such a mixed command in some provinces in the near future* (b) Already unanimously adopted by the Senate, the bill defining the concept of "delitos de funcion" by providing that serious crimes committed by members of the armed forces and the security police, like torture, are always within the jurisdiction of civilian courts should be enacted. It would be an important measure from the viewpoint of suppression, as well as of prevention; (c) Persons who are suspected of having seriously violated basic human rights, including torture, should be tried without delay and, when found guilty, punished severely; (d) Violation of the rule providing that the public prosecutor (fiscal) must be informed within 24 hours of an arrest, and of other rules intended to guarantee a detainee's rights, should lead immediately to disciplinary measures; (e) The provisions on habeas corpus should be strictly applied by the judiciary in areas under emergency law, as this is a highly effective instrument for the prevention of violations of basic human rights, including torture; (f) In view of the fact that the public prosecutor (fiscal) is only present during the interrogation of detainees, ICRC visits to places of detention must be considered to be an effective complementary measure to prevent torture. ICRC should therefore have the right to visit all places where arrested persons are held in the areas under emergency law; (g) In the training programmes of all military and law enforcement personnel, high priority should be given to the necessity of respecting basic human rights under all circumstances. B. 1. Visit to the Republic of Korea Background and legal and institutional framework 188. On 1 July 1987, after a period of serious unrest and sometimes violent demonstrations, it was decided that direct presidential elections would be held. The presidential candidate and Chairman of the ruling Democratic Justice Party (DJP), Mr. Roh Tae-Wbo, had made a declaration two days before, on 29 June 1987, in which he had committed himself and his party to an improvement of the human rights situation. 189. On 27 October 1987, a new Constitution was approved by referendum. On 16 December 1987, presidential elections took place. Mr. Roh Tae-Woo was elected President and took office in February 1988. In April 1988, elections