CAT/C/KOR/CO/2
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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.
The State party should take all necessary steps to prevent and reduce the number of
deaths in detention facilities. Adequate provision of and access to medical care
should be provided, and suicide prevention programmes should be established in
such facilities. The Committee also recommends that the State party conduct a
comprehensive analysis of the link, if any, between the number of such deaths and
prevalence of torture and other forms of ill-treatment in detention.
15.
The Committee expresses its concern at the number of suicides in the military and at the
lack of precise information on the number of suicides caused by ill-treatment and abuse,
including hazing, at the hands of military personnel.
The State party should prevent ill-treatment and abusive measures in the military.
It is encouraged to conduct systematic research into the causes of suicides in the
military and to evaluate the effectiveness of current measures and programmes,
such as the ombudsman system, to prevent such deaths. Comprehensive
programmes for the prevention of suicides in the military may include, inter alia,
awareness-raising, training and education activities for all military personnel.
16.
The Committee is concerned at reports that criminal trials regularly invoke and place
great reliance on investigation records, often encouraging investigators to obtain confessions
from suspects. The Committee also notes with concern that the number of convictions based on
confessions under the National Security Law has not been provided.
The State party should ensure that statements made as a result of torture cannot be
invoked as evidence in any proceedings. In this regard, the Committee recommends
the adoption of the relevant amendments to the Criminal Procedure Act, currently
pending before the National Assembly, which would place stricter conditions on the
admissibility of written evidence in legal proceedings. The Committee also
recommends that the State party include, in its next report, information on any
specific jurisprudence excluding statements obtained as a result of torture, as well
as precise data on the number of convictions under the National Security Law based
on confessions, and information as to whether any investigations are conducted into
whether such confessions are coerced, and/or anyone has been found guilty of
torture in this connection.