CAT/C/KOR/CO/3-5
Korea and, on the other hand, the criminal investigation processes for violations of the
National Security Act;
(d)
Adopt clear and transparent procedures ensuring the right to appeal,
with suspensive effect, decisions concerning the deportation of persons escaping from
the Democratic People’s Republic of Korea while they are being reviewed, in order to
comply with its obligations under article 3 of the Convention;
(e)
Provide updated information on the number of persons who have
escaped the Democratic People’s Republic of Korea, including those in detention,
during the reporting period.
Independent complaints mechanism
19.
The Committee is concerned at the low rate of acceptance of complaints relating to
torture or ill-treatment by the National Human Rights Commission of Korea and by the
relative hotline and at the lack of information regarding complaints lodged with the Human
Rights Bureau of the Ministry of Justice and the Human Rights Division of the Ministry of
National Defence (arts. 2, 11-14 and 16).
20.
The Committee invites the State party to:
(a)
Establish an independent and effective mechanism for addressing
complaints of torture and ill-treatment in all places of deprivation of liberty;
(b)
Facilitate the submission of complaints by victims of torture and illtreatment, including by obtaining medical evidence in support of their allegations;
(c)
Ensure in practice that complainants in all places of detention are
protected against any ill-treatment or intimidation as a consequence of the complaint
made or any evidence given;
(d)
Ensure that all reports of excessive use of force by law enforcement
officers and prison staff are investigated promptly, effectively and impartially by an
independent mechanism with no institutional or hierarchical connection between the
investigators and the alleged perpetrators, ensure that all persons under investigation
for having committed acts of torture or ill-treatment are immediately suspended from
their duties and remain so throughout the investigation, while ensuring that the
principle of presumption of innocence is observed, punish those convicted and provide
redress to victims.
Conditions of detention
21.
The Committee is concerned about:
(a)
Continued overcrowding in correctional facilities, the amount of living space
available to each inmate, which does not meet international standards, and the insufficient
number of prison staff;
(b)
inmates;
Insufficient access to medical care and to outside medical facilities by
(c)
The frequent use of protective devices and restraints to punish inmates and
about the fact that the duration of their use is decided by prison guards;
(d)
The absence of age- and gender-disaggregated data on persons in places of
deprivation of liberty, including prisons, during the reporting period (arts. 2, 11-13 and 16).
22.
The State party should:
(a)
Take specific measures to improve the material conditions in
correctional facilities and reduce overcrowding with a view to bringing them in line
with the international standards enshrined in the United Nations Standard Minimum
Rules for the Treatment of Prisoners (the Nelson Mandela Rules);
(b)
Take urgent measures to increase the number of prison guards, hire
additional medical personnel, further expand the room available to inmates in
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