CAT/C/KOR/CO/3-5 determination procedures and about the quality of those procedures, as well as about the fact that implementation of that provision may result in forcible deportation; (b) The absence of a legally prescribed maximum duration for immigration detention and the immigration detention of minors; (c) The reported overcrowding and poor material conditions in immigration detention facilities, including at points of entry and in departure waiting areas, when applicants file complaints for not having been referred for refugee status determination (arts. 2-3, 11-13 and 16). 42. The Committee invites the State party to: (a) Consider revising article 5 of the Enforcement Decree of the Refugee Act with a view to removing the grounds for non-referral to asylum procedures and ensure that an effective appeal mechanism exists with regard to negative decisions and that appeals have a suspensive effect; (b) Establish a legally prescribed maximum duration of immigration detention, avoid detaining immigrant minors and apply non-custodial measures to minors; (c) Eliminate overcrowding and improve material conditions in immigration detention facilities, including at points of entry and in departure waiting areas. National human rights institution 43. The Committee is concerned about: (a) Reports that the relevant legislation does not have provisions to ensure a clear, transparent and participatory selection and appointment process for the members of the National Human Rights Commission of Korea; (b) Reports that the Commission’s human and financial resources have been reduced, thereby putting its independence at risk; (c) The fact that the description of the mandate and activities of the Commission correspond to those of a national preventive mechanism despite the fact that the State party has not yet ratified the Optional Protocol to the Convention (art. 2). 44. The State party should: (a) Amend legislation to ensure a clear, transparent and participatory process for the selection and appointment of members of the National Human Rights Commission of Korea; (b) Establish an independent committee to nominate candidates and to guarantee the independence, diversity and functional immunity of the members of the Commission, in compliance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles); (c) resources; Ensure that the Commission has adequate human and financial (d) Strengthen further the Commission’s monitoring functions in all places of deprivation of liberty and act on the recommendations contained in the Commission’s annual report; (e) Ratify the Optional Protocol to the Convention in order to establish a national preventive mechanism based on a legislative act, in accordance with international standards. The mechanism should have all the resources necessary to fully carry out its mandate independently and effectively, in conformity with the provisions of the Optional Protocol to the Convention. 11