CAT/C/KOR/CO/3-5
and deploy adequately trained and experienced police and law enforcement officers to
manage assemblies;
(c)
Ensure instruction and methodical guidance for police on the need to
respect the principles of necessity and proportionality during police interventions, on
the absolute prohibition of torture and other State obligations under the Convention
and on the Basic Principles on the Use of Force and Firearms by Law Enforcement
Officials;
(d)
Provide information on the outcome of the investigations undertaken by
the Prosecutor’s Office and the National Police Agency against seven police officers
for violating the Act on the Performance of Duties by Police Officers in relation to the
death of Mr. Baek and inform the Committee about the outcome of any judicial
proceedings;
(e)
Investigate cases of excessive use of force against the families bereaved
by the Sewol Ferry accident, prosecute those responsible and inform the Committee
about the outcome of the proceedings;
(f)
Provide all victims of excessive use of force by law enforcement officials
with access to medical services, counselling and redress, including rehabilitation and
compensation.
National Security Act
15.
The Committee reiterates its concern about the fact that persons continue to be
arrested under the National Security Act and that some persons arrested under the Act have
allegedly been subjected to arbitrary arrest and detention, as well as to coerced confessions.
It remains concerned at the vague wording of article 7, which may give rise to violations of
the Convention (arts. 2, 11 and 15-16).
16.
The Committee reiterates its previous recommendations and invites the State
party to repeal or amend the National Security Act in order to ensure that it is in full
conformity with the Convention and to ensure that arrests and detentions under the
law do not increase the potential for human rights violations. The State party should
ensure the humane treatment of persons arrested under the Act and that no
confessions are made under duress.
Detention of persons escaping from the Democratic People’s Republic of Korea by the
National Intelligence Service
17.
The Committee takes note of the fact that persons escaping the Democratic People’s
Republic of Korea may be lawfully detained for up to six months but is particularly
concerned at reports that such persons may be detained indefinitely by the National
Intelligence Service. The Committee is also concerned that they can be detained in solitary
confinement and without due process, including the right to legal counsel. It is further
concerned that they may be deported to third countries where they risk being tortured if it is
determined that they do not qualify for protection and where their rights to an independent
review and to appeal the decision regarding deportation may not be guaranteed (arts. 2-3, 5,
7-8, 12-13 and 16).
18.
The State party should:
(a)
Ensure that any person detained for reasons related to their escape from
the Democratic People’s Republic of Korea is deprived of their liberty for the shortest
possible period and not beyond the established legal maximum;
(b)
Ensure access to all fundamental legal safeguards, including to legal
counsel during the entire length of detention, including during interrogation;
(c)
Ensure that the duration and methods of interrogation and the
conditions of detention comply with international human rights standards, while
differentiating between, on the one hand, investigation processes to decide on
protection and settlement for persons escaping the Democratic People’s Republic of
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