CAT/C/KOR/CO/3-5 (ibid., para. 14); and conducting systematic research into the causes of suicides in the military and establishing comprehensive programmes for the prevention of suicides in the military (ibid., para. 15). Definition of torture 7. The Committee reiterates its concern that a definition of torture that contains all the elements of this crime as set out in article 1 of the Convention has not yet been incorporated into the State party’s penal legislation. It is particularly concerned that torture is considered under different articles of criminal legislation and that those articles cover only the physical aspects of torture and only specific individuals in the investigation and trial processes. The Committee is also concerned that the penalties that can currently be applied are not commensurate with the gravity of the crime of torture (arts. 1-2 and 4). 8. The Committee reiterates its previous recommendation (see A/52/44, para. 62, and CAT/C/KOR/CO/2, para. 4) that the State party should incorporate into the Criminal Act a definition of torture that makes torture a distinct crime and that includes all the elements covered in article 1 of the Convention, including the mental and psychological aspects of torture. It draws the State party’s attention to paragraph 11 of its general comment No. 2 (2007) on the implementation of article 2 by States parties, which underscores the preventive effect of having the crime of torture defined as an offence in its own right. It also draws attention to paragraph 9 of that general comment, which states that serious discrepancies between the Convention’s definition and that incorporated into domestic law create actual or potential loopholes for impunity. The State party should revise its national legislation to ensure that acts of torture are offences under criminal law and that they are punishable by penalties commensurate with the gravity of the crime, as required by article 4 (2) of the Convention. Statute of limitations for acts of torture 9. While taking note of the adoption of the Act on the Punishment of Crimes within the Jurisdiction of the International Criminal Court, the Committee is concerned that the statute of limitations contained in article 6 of the Act may apply only to acts of torture that constitute crimes against humanity, the crime of genocide and war crimes under the Rome Statute. 10. The State party should: (a) Ensure that the absolute prohibition against torture is non-derogable and state that no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture; (b) Ensure that there is no statute of limitations for acts of torture, so that acts of torture and attempts to commit torture and acts that constitute complicity or participation in torture can be investigated without limitations and that those responsible can be prosecuted and punished. Fundamental legal safeguards 11. The Committee is concerned that persons deprived of their liberty do not enjoy the right to fundamental legal safeguards from the very outset of their detention, in particular in cases of urgent arrest conducted without a warrant. It is also concerned that detained persons may not: be informed of their right to remain silent, obtain a medical screening within 24 hours of arrest, be able to request and receive a medical examination by a qualified medical doctor within 24 hours of their arrival in a place of detention, have access to an independent doctor upon their request, be allowed to inform a family member or a person of their choice, be brought before a judge 48 hours after their arrest, and have access to legal counsel from the very outset of detention and during all stages of the proceedings against them, including for reasons of “good cause” established by the prosecution or police. It is further concerned that legal counsels’ requests for participating in suspect 3

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