CAT/C/KOR/CO/3-5
(ibid., para. 14); and conducting systematic research into the causes of suicides in the
military and establishing comprehensive programmes for the prevention of suicides in the
military (ibid., para. 15).
Definition of torture
7.
The Committee reiterates its concern that a definition of torture that contains all the
elements of this crime as set out in article 1 of the Convention has not yet been incorporated
into the State party’s penal legislation. It is particularly concerned that torture is considered
under different articles of criminal legislation and that those articles cover only the physical
aspects of torture and only specific individuals in the investigation and trial processes. The
Committee is also concerned that the penalties that can currently be applied are not
commensurate with the gravity of the crime of torture (arts. 1-2 and 4).
8.
The Committee reiterates its previous recommendation (see A/52/44, para. 62,
and CAT/C/KOR/CO/2, para. 4) that the State party should incorporate into the
Criminal Act a definition of torture that makes torture a distinct crime and that
includes all the elements covered in article 1 of the Convention, including the mental
and psychological aspects of torture. It draws the State party’s attention to paragraph
11 of its general comment No. 2 (2007) on the implementation of article 2 by States
parties, which underscores the preventive effect of having the crime of torture defined
as an offence in its own right. It also draws attention to paragraph 9 of that general
comment, which states that serious discrepancies between the Convention’s definition
and that incorporated into domestic law create actual or potential loopholes for
impunity. The State party should revise its national legislation to ensure that acts of
torture are offences under criminal law and that they are punishable by penalties
commensurate with the gravity of the crime, as required by article 4 (2) of the
Convention.
Statute of limitations for acts of torture
9.
While taking note of the adoption of the Act on the Punishment of Crimes within the
Jurisdiction of the International Criminal Court, the Committee is concerned that the statute
of limitations contained in article 6 of the Act may apply only to acts of torture that
constitute crimes against humanity, the crime of genocide and war crimes under the Rome
Statute.
10.
The State party should:
(a)
Ensure that the absolute prohibition against torture is non-derogable
and state that no exceptional circumstances whatsoever, whether a state of war or a
threat of war, internal political instability or any other public emergency, may be
invoked as a justification of torture;
(b)
Ensure that there is no statute of limitations for acts of torture, so that
acts of torture and attempts to commit torture and acts that constitute complicity or
participation in torture can be investigated without limitations and that those
responsible can be prosecuted and punished.
Fundamental legal safeguards
11.
The Committee is concerned that persons deprived of their liberty do not enjoy the
right to fundamental legal safeguards from the very outset of their detention, in particular in
cases of urgent arrest conducted without a warrant. It is also concerned that detained
persons may not: be informed of their right to remain silent, obtain a medical screening
within 24 hours of arrest, be able to request and receive a medical examination by a
qualified medical doctor within 24 hours of their arrival in a place of detention, have access
to an independent doctor upon their request, be allowed to inform a family member or a
person of their choice, be brought before a judge 48 hours after their arrest, and have access
to legal counsel from the very outset of detention and during all stages of the proceedings
against them, including for reasons of “good cause” established by the prosecution or police.
It is further concerned that legal counsels’ requests for participating in suspect
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