E/CN.4/1998/38
page 32
Observations
157. The Special Rapporteur appreciates the responses from the Government.
He continues to believe that his observations of last year remain applicable
(E/CN.4/1997/7, paras. 157-158).
Republic of Korea
158. By letter dated 11 June 1997, the Special Rapporteur advised the
Government that he had received information indicating that the use of sleep
deprivation and threats against detainees undergoing interrogation by police
in the Republic of Korea were routine. Some detainees were also allegedly
subjected to beatings. Because detainees were not always permitted to see
lawyers prior to or during interrogation and because the families of detainees
were not always informed of the place of detention, many detained persons were
said to have been held in what amounts to prolonged incommunicado detention, a
condition which facilitates torture and other ill-treatment. Detainees were
allegedly unable to gain prompt access to a judge under the criminal procedure
law in force, as such access was said to be determined upon written
application by the prosecution or on the initiative of the judge. According
to information received at the time, suspects may be detained for up to
30 days prior to indictment or for up to 50 days in the cases of persons first
detained for some offences under the National Security Law. Courts were said
often to fail to inquire into allegations by defendants that their
“confessions” had been obtained while undergoing interrogation under torture
or other ill-treatment and such “confessions” were frequently admitted as
evidence at trial.
159. In response to these allegations, the Government denied in its letter
of 15 September 1997 that torture and other forms of ill-treatment were
committed during interrogation. It stated that both the Constitution and the
Criminal Code prohibit torture and inhumane treatment and that the revised
Penal Procedure Code of 1995 obligated the prosecutor to inspect regularly
detention facilities of police stations and confinement areas of any
investigating bureau. The Constitution and Penal Procedure Code also provided
that the defence counsel or family of a suspect or accused under arrest or
detention had to be notified without delay regarding the charges and the
reasons for, the time and the place of the arrest or detention. Under no
circumstances could contact with family or counsel be denied. With respect to
the detention periods, the Government stated that the maximum detention period
for a general crime was 30 days. The maximum detention period at a police
station and public prosecutor's office was 10 days at each place respectively.
The detention period at a public prosecutor's office could be extended an
additional 10 days with the approval of a judge. For some offences under the
National Security Law requiring long-term, specialized investigations and
information-gathering procedures, the maximum detention period could be
extended to 50 days with a judge's permission. The Government further stated
that the Constitution and the Penal Procedure Code both stipulate that
confessions likely to have been extracted involuntarily due to torture, for
example, could not be admitted as evidence of guilt. Any person who had
suffered torture or inhumane treatment could file a complaint with the
judicial authorities and if it related to the scope of duty of a public
official, demand compensation from the State. This said, the Government added
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