CAT/C/KOR/CO/3-5
interrogations are “mostly granted” and that a meeting between a detainee and a lawyer was
recorded using closed circuit television (arts. 2, 11-14 and 16).
12.
The State party should take effective measures to guarantee that all detained
persons, including prisoners on remand and those under police investigation, are
afforded in practice all the fundamental legal safeguards from the outset of their
deprivation of liberty, in accordance with international standards, including with
respect to:
(a)
Being informed about the charges against them, both orally and in
writing, in a language that they understand, and signing a paper confirming that they
have understood the information provided to them;
(b)
Requesting and receiving a medical examination by a qualified medical
doctor within 24 hours of their arrival in a place of detention and having access to an
independent doctor upon their request;
(c)
Having access to legal counsel from the very outset of their deprivation
of liberty and being able to consult with them in private, throughout the proceedings
against them;
(d)
Notifying a family member or any other person of their choice of their
detention immediately after apprehension;
(e)
Having their detention recorded immediately after arrest and ensuring
that their lawyers, family members or other persons of their choice have access to the
Korea Information System of Criminal Justice Services regarding their detention;
(f)
Being brought before a judge within 48 hours of their apprehension.
Excessive use of force by law enforcement officials
13.
The Committee is concerned about:
(a)
The excessive use of force by law enforcement officials during
demonstrations such as the “candlelight rally” of 2008 and the “peoples’ rally” in 2015 and
that such exercise of force was accompanied by the use of water cannons, tear gas, fire
extinguishers, electrical discharge weapons (tasers), iron clubs, batons and shields;
(b)
Reports that numerous persons were injured during the candlelight rally as a
result of the excessive use of force and that law enforcement officials refused to grant some
of the detained protesters access to medical assistance;
(c)
The death on 25 September 2016 of Baek Nam-Gi, a 68-year-old farmer,
from extensive brain injury as a result of being hit in the head by a blast from a highpressure police water cannon during the peoples’ rally in Seoul on 14 November 2015 and
the reported refusal of law enforcement agencies to launch an investigation into the
excessive use of force by the police that led to Mr. Baek’s death;
(d)
The reported excessive use of force, including the firing of water cannons and
use of pepper spray (capsaicin) against the families bereaved by the Sewol Ferry accident
during the one-year memorial assembly;
(e)
Reports that some suspects are handcuffed during interrogation, despite the
ruling of the Constitutional Court that such practice is unconstitutional (arts. 2 and 12-16).
14.
The State party should:
(a)
Review the tactics used for the management of assemblies, including the
use of water cannons, tear gas, fire extinguishers, electrical discharge weapons (tasers),
iron clubs, batons and shields, to ensure that they are not applied indiscriminately and
excessively or against peaceful protestors and that they do not result in an escalation
of tension;
(b)
Adhere to international standards in order to ensure that law
enforcement officials receive professional training on the use of force and firearms
4