E/CN.4/1995/34
page 112
and fears were expressed that the flogging might be imminent. The Special
Rapporteur advised the Government that he shared the views of other bodies in
the United Nations system that corporal punishment was inconsistent with
prohibition of torture and other cruel, inhuman or degrading treatment or
punishment enshrined in various international instruments.
Republic of Korea
Information transmitted to the Government
587. By letter dated 29 March 1994 the Special Rapporteur advised the
Government that he had received information according to which persons
arrested for political reasons were often subjected to several forms of
ill-treatment, including sleep deprivation, in order to extract "confessions".
Under procedures in force, police or security officials often without an
arrest warrant may take a suspect for "voluntary submission into police
custody" and must obtain a court warrant within 48 hours for continued
detention. This provision allegedly often was abused by police and other
security agencies to detain suspects by force and hold them incommunicado
for 48 hours’ interrogation without informing their families and friends that
they had been arrested. Detainees were allegedly subjected to the greatest
abuse during the first hours of interrogation and confessions thus obtained
were often used as grounds upon which to apply for an arrest warrant.
588. There is reportedly no legal requirement for prisoners to be brought
promptly before a judge. Suspects held under the National Security Law may
be interrogated for up to 50 days before they are charged, including up
to 20 days by the arresting agency and a further 30 days by the prosecution.
During this long period prisoners were sometimes allegedly subjected to
prolonged and exhausting interrogation and denied immediate and regular access
to their lawyers and families.
589. Prisoners who claimed to have been tortured or ill-treated were said
rarely to make a formal complaint and in only a few cases had successful
prosecutions been carried out. Prisoners who had been ill-treated during
interrogation were sometimes afraid to make a statement to this effect in
court for fear of antagonizing the tribunal and thereby incurring a heavier
prison sentence. Furthermore, it was said to be extremely difficult for a
prisoner to prove ill-treatment, particularly when the form of such treatment
was sleep deprivation, which leaves no visible trace on the body. Finally,
there was said to be no independent body to investigate complaints of human
rights violations. The Public Prosecutor’s Office, which has the authority to
decide whether or not a prosecution would take place, often appeared not to
act on complaints, dismissing them without further explanation on the grounds
that they had been investigated and proved to be unfounded.
590. The Special Rapporteur also communicated to the Government the individual
cases described in the following paragraphs.
591. Lee Kun-hee, a Democratic Party worker, was arrested without a warrant
on 26 September 1992 by officials of the Agency for National Security Planning
(ANSP). He was taken for questioning to the ANSP interrogation facility and
was allegedly deprived of sleep for the first few days and repeatedly beaten.
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