(b)
In this regard, the Committee urges the adoption of the bill to exclude or suspend the
application of a statute of limitations to crimes against humanity (including torture crimes), which is
currently pending before the National Assembly;
(c)
The Committee also urges the State party to establish comprehensive programmes for
the treatment and rehabilitation (both physical and mental) of victims of torture and ill-treatment,
including the right to fair and adequate compensation.
(9)
The Committee notes with concern that the right to have legal counsel present during interrogations and
investigations is not presently guaranteed by the Criminal Procedure Act and is only permitted under guidelines of the
public prosecutors’ office.
The State party should take effective measures to ensure that fundamental legal safeguards for persons
detained by the police are respected. In this regard, the Committee recommends the adoption of the
relevant amendments to the Criminal Procedure Act, currently pending before the National Assembly,
guaranteeing the right to have legal counsel present during interrogations and investigations.
(10)
While taking note of the information provided by the State party concerning the independence of the judiciary,
the Committee remains concerned at the lack of sufficient guarantees of this independence, in particular that the
evaluation process of judges may impact the security of their tenure.
The State party should take measures to ensure security of tenure of judges and to prevent interference
in their judicial functions.
(11)
The Committee is concerned about reports that the urgent arrest procedure, by which individuals can be
detained without an arrest warrant for a maximum period of 48 hours, is excessively resorted to, amounting to an abuse
of the process.
The State party should continue to take all necessary legal and administrative measures to strictly
regulate the use of the urgent arrest procedure and to prevent its misuse, and to guarantee the rights of
persons detained in this manner. In particular, the Committee urges the prompt adoption of the relevant
amendments to the Criminal Procedure Act, currently pending before the National Assembly.
(12)
The Committee is concerned at the absence of adequate legal protection of individuals, particularly of
asylum-seekers, against deportation or removal to locations where they might be subjected to torture.
The Committee welcomes the delegation’s oral assurances that it will study the matter of persons
removed or returned to locations where they face a real personal risk of torture. The State party should
ensure that the requirements of article 3 of the Convention apply when deciding on the expulsion, return
or extradition of each case of non-citizens or persons of Korean nationality who may be returned to areas
outside the jurisdiction of the Republic of Korea.
(13)
The Committee is concerned about the number of persons held in “substitute cells” (detention cells in police
stations), which are reported to be overcrowded and in poor condition.
The State party should limit the use of “substitute cells”, clarify their function, ensure that they provide
humane conditions for those detained, and complete the proposed construction of new detention
facilities. The Committee also urges the State party to ensure that all detention facilities conform to
international minimum standards.
(14)
The Committee is concerned about the high number of suicides and other sudden deaths in detention facilities.
It notes that detailed investigations have not been conducted into the link between the number of deaths and the
prevalence of violence, torture and other forms of ill-treatment in detention facilities.
60
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