CAT/C/KOR/CO/3-5 (b) Provide prompt access to adequate and specialized medical care, including in outside medical facilities, to all inmates who need it; (c) Ensure that all cases of suicides or sudden deaths in custody, including suicides of persons under investigation by police and prosecutors, are investigated promptly, thoroughly, effectively and impartially, prosecute those responsible for violations of the Convention, including persons suspected of having committed acts of torture, physical or psychological ill-treatment and wilful negligence and, if found guilty, punish them in accordance with the gravity of their acts; (d) Ensure independent forensic examinations in all cases of death in custody, provide autopsy reports to the family members of the deceased and, if requested, permit them to commission independent autopsies; (e) Ensure that the courts in the State party accept the results of independent forensic examinations and autopsies as evidence in criminal and civil cases; (f) Provide the Committee with data on all deaths in custody, disaggregated by the facility in which the deceased was detained, the age and sex of the victim and the outcome of the inquiry into the deaths in custody, as well as data on any redress provided to relatives, and inform the Committee of any investigation undertaken during the period under review into deaths alleged to be the result of torture, illtreatment or wilful negligence. Death penalty 29. While noting the effective moratorium on the application of the death penalty since 1997, the Committee is concerned that death sentences continue to be imposed by courts and that there were some 61 persons on death row at the end of 2016 (arts. 2, 4 and 16). 30. The Committee invites the State party to: (a) Consider abolishing the death penalty and ratifying the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty; (b) Commute all death sentences to prison terms, ensure that prisoners who were formerly on death row benefit from the same regime as all other prisoners and guarantee their basic rights and needs in accordance with international standards. Involuntary hospitalization in psychiatric institutions 31. The Committee is concerned: (a) At reports that large numbers of persons with mental and psychosocial disabilities who do not present a threat to themselves or others are placed involuntarily in psychiatric institutions; (b) That the grounds for involuntary hospitalization are excessively broad and that the Constitutional Court has ruled that article 24 (1) and (2) of the Mental Health Act is unconstitutional since the provisions contained therein do not serve as a proper legal basis for minimizing the infringement of a mentally ill patient’s personal freedom; (c) That procedural safeguards regarding involuntary placement in psychiatric institutions are insufficient and inadequate (arts. 2, 10-14 and 16). 32. The State party should: (a) Ensure that involuntary psychiatric hospitalization is strictly necessary, proportionate, applied as a measure of last resort and under the effective supervision and independent monitoring of judicial organs; (b) Consider amending the Mental Health Act with a view to bringing it fully into line with the Constitution; 8

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