115th Session of the Human Rights Committee
19 October 2015 – 6 November 2015

NGO Briefing on the Republic of Korea

Oral Statement Delivered by Ms. Gayoon Baek(People’s Solidarity for Participatory Democracy) and Mr. Youngsoug Chang(MINBYUN-Lawyers for a Democratic Society) 
on Behalf of South Korean Human Rights Organizations Network (83 NGOs)

We are presenting this statement on behalf of 83 civil society organizations in the Republic of Korea who jointly submitted the report to the Committee. All the rights mentioned in the Covenants are our areas of focus.

Human rights were once a pride for Koreans. But today, we are grieved to present the report with shame. Civil and political rights in the Republic of Korea have been drastically deteriorating year after year. We fear that the Republic of Korea is reverting to the dark era of authoritarian regime that we believed to have overcome. One can easily find human rights defenders in the Republic of Korea, on the streets, on top of factory chimneys, in front of the court, and in prison. Sewol ferry victims’ families have been living on the streets to protest for more than a year, workers have been on a hunger strike for more than 45 days, and villagers have been protesting against the naval base construction for more than 9 years.  As we speak today, hundreds of high school students are protesting on the streets opposing the Government’s plan to impose state history textbooks, which is suspected to idealize past military dictatorship. The Government has failed to protect people’s civil and political rights and people are compelled to run to the streets with candles. 

Although rule of law, freedom of expression and independence of judiciary are guaranteed in the Constitution, the laws have been used as tools to justify restriction and suppression of human rights and people have lost their freedom after expressing their views. The judiciary no longer defends human rights defenders, and is no longer a safeguard for human rights victims. The National Human Rights Commission of Korea also cannot play an active role in monitoring implementation of the Covenant and we have a serious concern that transparent and independent selection process of the Commissioners are not yet guaranteed which brings doubts on human rights competency and expertise of commissioners. 

The number of people who have been charged and indicted for violating the National Security Act, which the Committee and other UN human rights mechanisms have repeatedly recommended to amend or repeal, has increased threefold in 2013 compared to 2008. Government officials and agencies consistently punish people for defamation  or insult  who criticize the Government, sometimes even those who state facts or simply express feelings or opinions. On the other hand, human rights defenders and social minorities become targets of incitement to discrimination, hostility or violence. However, there is no legal framework nor gestures from the Government showing any political will to protect them. The society is now at a critical juncture. 

People who gather to peacefully protest against Government policies or development projects are being arrested, detained and indicted. The police use excessive force against barehanded protesters to suppress assemblies, such as water cannons loaded with capsaicin and tear gas liquid and bus barricades to block assemblies. Even human rights lawyers and journalists have been arrested during protests. Around 550 people including family members of the victims were arrested during the Sewol ferry related protests from April 2014 to May 2015. We are not allowed to stand in solidarity with our friends, not to mention participating in assemblies. One worker who visited labor strike sites to deliver support statements has been punished for aid and abetment of Obstruction of Business. 

The Republic of Korea has the highest Internet penetration rate and the fastest wireless broadband in the world. With this technology, the Government is watching and intervening in people’s private lives. The police can identify those who are at protests by seizing and analyzing all phone call histories from the nearby base stations. Phone or internet users’ personal information can be seized without warrants, and such seizure is significantly increasing, amounting to about 13 million accounts in 2014 in a country with just 50 million people. Children under 19 years old must use mobile phones equipped with applications enabling the parents and service providers to monitor and remotely control their phones. 

We are also subject to human rights violations under the name of counter-terrorism. All currently pending counter-terrorism bills grant excessive authority to the National Intelligence Service (NIS) which is notorious for its abuse of power and human rights violations. The NIS systematically intervened in the 2012 Presidential Election by posting and tweeting 786,000 online messages. Also, the NIS was found fabricating evidence of an espionage case.   

In face of gross violation of civil and political rights in the country, people cannot gain full access to justice and are unfairly treated during investigations. Only 0.2% of investigators are indicted of maltreating the accused.  Even though lawyer’s participation is crucial to prevent such harassment, the police and prosecutor’s office arbitrarily interpret the Criminal Procedural Act to minimize lawyers’ participation. Generally, lawyers are limited in presenting their views during the interrogation and sometimes, lawyers are even threatened by the investigators.   

The human rights situation in detention centers is also problematic. The disciplinary punishment committees of prisons are not guaranteed of their independence and fairness, as the prison warden appoints members of the committee. Almost 90% of the actual punishment in the prison has been executed in the form of solitary confinement, which is the most severe disciplinary measure. 

In particular, children, transgenders and foreigners in detention centers are facing more serious human rights violations. Children are denied protective measures under relevant regulations in the criminal procedures. Moreover, detention centers have no guidelines on the treatment of transgenders.  Because of this, transgender inmates are denied underwear of their own choice and there was a case where a transgender inmate was punished for refusing to get a haircut.  Furthermore, foreigners detained in detention centers may be subject to indefinite detention due to lack of legal regulation on maximum detention periods. In the event the Minister of Justice commenced detention that is not subject to independent judicial review, the detainees are prevented from disputing the legality of the detention. The deportation rooms at Incheon International Airport practically function as detention centers since detainees are restrained from outside contact and denied access to attorney.

Recently in 2014, the existence of the DPRK Defector Protection Center (former Central Joint Interrogation Center) was widely known by testimony of one detainee. When DPRK defectors come to the Republic of Korea, they are sent to the center for interrogation, but nobody knows what exactly is happening inside. We do not know how many DPRK defectors are being detained for how long, and whether they are being deported or not. Access to the center is strictly regulated by the NIS. Also, there are some DPRK defectors in the Republic of Korea who wish to go back to the DPRK, but their return is not allowed by the Government on grounds of violations of the National Security Act.  

The military, where all Korean men are mandated to serve, is another blind spot for human rights violations. Almost 3,600 human rights violations such as assault and other cruel acts have been reported in the last five years, but only 1.4% of perpetrators were sentenced to imprisonment. The Military Court, which deals with assault and cruel acts in the military, is not independent because commissioned officers and commanders, who are not judges, exercise judicial power. Soldiers may be detained for up to 15 days in military prison as disciplinary action without a warrant and judicial scrutiny. The decision for detainment is not even made by the military court, but only by military superiors. 

When a country’s human rights situation regresses, marginalized groups become even more marginalized. Women, persons with disabilities, LGBTIs and people with HIV/AIDS, and children continue to be discriminated against. Since the last review in 2006, the gender wage gap still remains the highest among OECD countries and more than half of female workers are non-regular workers. The right to equal recognition before the law of persons with disabilities’ continues to be greatly affected.

We have two LGBTI friends in this room. They experience discrimination on a daily basis. They are discriminated against when they go to the police to report their annual pride parade, when they become victims of rape, when they want to enjoy same rights as heterosexual couples, and even when they want to set up an NGO to advocate their own rights. They are even punished under sodomy provisions in the Military Criminal Act. Persons with HIV/AIDS are suffering from stigma and discrimination when they receive medical services. The Government is turning a blind eye to this injustice and homophobic/transphobic groups who incite hatred against LGBTIs and persons with HIV/AIDS, and do not show any political will to legislate a comprehensive Anti-Discrimination Act. 

Even though UN human rights mechanisms such as the Committee on the Rights of the Child has repeatedly recommended to the Government to abolish corporal punishment, it is still prevalent in schools and at homes. Examples of these punishments include staying down in push-up position for hours, repeatedly sitting up and down 100 times, or raising one’s arms above the head for one hour. These severe punishments can be explained in line with widespread military culture in the society. 

Finally, the rapid economic growth of the Republic of Korea has expanded the geographical boundaries of human rights violations. Many companies from the Republic of Korea are responsible for forced labour in Uzbekistan and violation of indigenous people’s rights in India. However, the Government does not provide legal framework for the implementation of extra-territorial obligations under the Covenant. Narrow definitions of human trafficking in the Criminal Act limit protection of victims, as seen in the incident of abuse of disabled men and homeless in the salt farm, sexual exploitation of foreign women, and exploitation of migrant farm workers.  

As is clear from our presentation, the Government of the Republic of Korea does not comply with the Covenant and does not fulfill its commitment as a member of the Human Rights Council. We do not wish to go back to the time when we could not speak out freely. To bring people on the streets back to their normal lives, we hope our areas of concerns will be reflected in the Committee's concluding observations. 

We thank you. 

Concluding Remarks by the Chairperson of the Human Rights Committee Fabián Omar Salvioli

 

Obviously a great number of issues have been raised, and I’m not going to give you an exhaustive list, but I’d like to highlight that we’d like to see the withdrawal of the reservation of art. 22, just as we’ve seen the withdrawal of reservation under art. 15; because we don’t really see from the dialogue why you need to maintain the reservation. Now your Excellency said that you are going to give the highest priority to the HRCttee’s observations and comments. So we very much hope that you will do this through effective mechanism in order to be able to comply with our recommendations and the provisions of the optional protocol, particularly when it comes to conscientious objection. Here the Committee has a very clear stance on this issue. And for me, I’ve had trouble hearing conscientious objectors described as criminals when really they are exercising a right. So, we very much hope that you will be able to comply with the provisions of the Covenant in this area, and also to ensure that the human rights provisions are aligned with the principles. And when it comes to the operations of Korean businesses abroad, want to ensure that they comply with human rights. Mr. Iwasawa raised the issue of equality and nondiscrimination when it comes to various groups of people, particularly LGBTI population. Counter-terrorism measures must also effectively comply with the provisions enshrined in the Covenant as Mr. Shany articulated in his concern. Regarding torture and mistreatment, this is another issue of concern, the use of certain protective measures sometimes as a form of punishment is not compatible with the Covenant. Obviously the right to integrity is crucial. Legal aid, access to lawyer, I would refer you to our General Comment 32 which provides very helpful guidelines for the state to be able to bear in mind the need for the exercise of defense. 

 

Freedom of assembly and freedom of expression are crucial in a democratic society. We have had difficulties during this dialogue to ensure that this issue is fully understood. We very much hope that after this dialogue you will take legislative measures and other measures necessary to ensure that these rights are fully given effect to. Finally, groups that are particularly vulnerable that require attention, like those living with HIV, and the need not to stigmatize these individuals based on the various measures my colleagues referred to. And of course the migration population, due to their various situations, needs more protection in general in order to ensure that their human rights are guaranteed and upheld. I’d like to thank you all very much.

Situation of Farmer Baek Nam-gi in the Republic of Korea

26 September 2016

People's Committee for Farmer Baek Nam-gi and Condemning State Violence

A farmer, who was shot by police's water cannon on 14 November 2015 during his protest calling for just rice price, was passed away after 317 days of remaining unconscious. Unfortunately, no perpetrator was properly punished nor proper investigation has been conducted until today. As soon as Farmer Baek passed away, the police tried to seize his body, saying that autopsy is necessary when cause of death is not clear. Families and supporters strongly protest against this attempt since they believe that it is clear that Farmer Baek's death is caused by the police's brutality. The police and Prosecutor’s Office even re-quested for a warrant for an autopsy, but the court denied to issue it. The police and the Prosecutor’s Of-fice may reapply for a warrant.

1. Background: People’s Mass Mobilisation on 14 November 2015

• Farmer Baek Nam-gi joined the People's Mass Mobilisation on 14 November 2015 to demand that rice prices for 2015 be guaranteed. On the day, around 130,000 people joined the rally against the govern-ment's anti-people and anti-democracy policies. They came from different groups including workers, farmers, students and urban poor to raise their voices for a society where people's rights and demo-cratic principles are fully guaranteed.
• During a protest, Farmer Baek Nam-gi was struck in the head by police water cannon. He was struck by direct spray which continued after he had been knocked to the ground and was taken to the emer-gency room of Seoul National University Hospital. Since then he remains unconscious. 
   

2. Medical Condition

• Because of a brain haemorrhage due to a fractured nose, optic nerve damage, and a concussion, the medical staff in the emergency room said that after undergoing brain surgery that day, further surgery would be pointless for such a serious injury and would only help to extend his life but not lead to re-covery.
• By February of 2016, more than 50% of his cerebrum, brain stem damage and still unconscious, he re-mained in this state from which he was unable to recover reliant on an artificial respirator until he was taken to the intensive care unit where he lies 317 days after the initial injury.
• 24 September 2016: Despite being administered a concentrated diuretic, his condition was very seri-ous as he was unable to pass urine, received a transfusion or have antibiotics or nutrients adminis-tered. 
• 25 September 2016: On the 317th day of his injury, he passed away. 
• For further information about the medical opinion, please see the statement released by Association of Physicians for Humanism which is attached to this document.
   

3. Investigation Process

• After Farmer Baek collapsed because of police's water cannon, the police and Prosecutor's Office did not conduct a proper investigation.
• On 18 November 2015, Baek's family filed a criminal complaint to the Prosecutor's Office on seven al-leged perpetrators including the then National Police Agency Commissioner General Kang Sin-myung and Chief of Seoul Metropolitan Police Agency Koo Eunsoo. Since then, the Prosecution’s office did nothing but have interview with his daughter as a complainant. Until today for 10 months, the Prose-cutor's Office is saying that the case is still under ‘investigation’.
• Kang's term ended in August, without any official response to the family’s call for an apology.
• On 22 March 2016, Baek's family filed a compensation suit against the Government and the police.
• On 12 September 2016, hearing was held at the National Assembly. Even though abuse of police forces and excessive use of police power was confirmed, the main responsible person, the then Police Commissioner General Kang Sin-myung refused to. He said it was 'inappropriate' to issue an apology for every injury or death during crackdowns of demonstrations and causes and legal responsibilities must be clearly defined beforehand. Also, evidence and documents against the police were not sub-mitted. No truth was found.
   

4. Current situation (as of 26 September 2016)

• After Farmer Baek passed away at 4pm, the police tried to seize the body for autopsy, arguing cause of death is not clear. The police even blocked roads going to the hospital and did not allow people to enter. 
• On the other hand, Baek's families and his supporters are strongly opposing the idea of autopsy. They believe that the police and Prosecutor's Office try to argue different cause of his death, such as chron-ic disease, not the water cannon shooting. 
• Around 6:30pm, the Prosecutor's Office, Farmer Baek's lawyer, doctors, parliamentarians joined post-mortem examination. A large number of people gathered in front of the hospital and around the time that they started post-mortem examination, the police opened a small way, so that people can pay their respect to Farmer Baek. 
• At 9:17pm, the People’s Committee held a press conference and made it clear that the cause of his death is a ‘cerebral haemorrhage’, not an acute renal failure and an autopsy is not necessary. 
• Nevertheless, at 0:10am on 26 September the Prosecutor’s office made a request for a warrant of au-topsy to the court and If a warrant is issued, the Prosecutor's Office can conduct autopsy without con-sent of the family. 
• On 26 September 2016, the court refused to issue a warrant but the police and the Prosecutor’s Office may reapply for a warrant. 
   

5. Our Call

• Guarantee freedom of peaceful assembly of all people! 
• End impunity! Punish responsible person for Farmer Baek Nam-gi's Death!
• Hold special prosecutor to end impunity! 
• President Park should make an official apology! 
• Legislate a strong regulation on the use of water cannon!
   

Reference 1. Medical Opinion by Association of Physicians for Humanism 

 

Patient: Baek Nam-gi (male, 69)

 

The patient lost consciousness as he fell down by the force of a police water cannon on 14 November 2015. He was moved to the emergency room of Seoul National University Hospital. Testing revealed a traumatic subdural haemorrhage and subarachnoid haemorrhage resulting from a brain haemorrhage and multiple fractures across a large region of his skull and eye socket.

 

The results of the initial neurological examination and video inspection indicated that his condition would not improve and that surgery would also be meaningless so he could be discharged from the hospital. The patient is currently in the intensive care unit 317 days after receiving life-saving surgery.

Following surgery, the patient has remained in a coma and reliant on an artificial respirator unable to breath by himself. Having had repeated complications including pituitary function loss of the entire brain, pneumonia, fungemia, bedsores, a pulmonary embolism and septicaemia, and currently suffering multi-ple organ failures including renal failure and a pulmonary edema, the patient is receiving intensive treat-ment in the intensive care unit but it is not likely that he can be kept alive much longer.

 

The causes of the patient's condition are the brain haemorrhage and skull fracture sustained due to the power and pressure of the police water cannon. These can be confirmed in the CT scan recorded on the same day and surgery log. In the process of being moved to the intensive care unit 317 days after sustain-ing the injuries, complications and multiple organ failures caused by a common infection and being admin-istered medicine. Due to treatment of the wounded area and physical deterioration, there is a very high possibility of his condition worsening in light of the patients' likely death an autopsy is deemed unneces-sary. In addition, if the family does not wish for there to be an autopsy after the patients' death is an-nounced, the cause of death is the aforementioned underlying medical condition and there is no reason for this to be doubted.

 

25 September 2016

Association of Physicians for Humanism

Kim Gyeong-il, Specialist Neurosurgeon 
Lee Hyeon-eui, Specialist Neurosurgeon
Lee Bora, Internal Medicine Specialist
 

 

Reference 2. Oral Statement delivered by Ms. Baek Minjuwha, a daughter of Farmer Baek Nam-gi at the 32nd Session of the UN Human Rights Council

 >> Pleae click here

32nd Regular Session of the UN Human Rights Council
Item 3: Promotion and Protection of all Human Rights, Civil, Political, Economic, Social and Cultural Rights, including the Right to Development

Interactive Dialogue with the UN Special Rapporteur

on the rights to freedom of peaceful assembly and of association

Oral Statement Delivered by Ms. Minjuwha Baek on Behalf of
People’s Solidarity for Participatory Democracy (PSPD)
Korean Center for United Nations Human Rights Policy (KOCUN)
MINBYUN-Lawyers for a Democratic Society

Friday, 17 June 2016

 
Thank you, Mr. President.
 
My name is Minjuwha Baek, and I am the daughter of the 69 year-old farmer Namgi Baek in the Republic of Korea who was mentioned in the Special Rapporteur’s report. My father was targeted and knocked down by the police’s water cannon on 14 November last year, during a protest for the increase in rice prices. He remains in coma for more than 200 days due to severe brain damage.
 
The Government imposed an arbitrary ban on the protest, claiming it was not an assembly but a crime. They named the protest unlawful and not peaceful, even before it took place. The police arrested or summoned more than 500 protesters. This includes Mr. Sang-kyun Han, the president of Korean Confederation of Trade Unions(KCTU), facing up to 8-year imprisonment for organizing the protest.
 
The police blocked main roads and streets with hundreds of bus barricades and thousands of police forces, even hours before the protest. The police shot water cannons with capsaicin to protesters indiscriminately for hours.
 
No apology, No investigation, No justice.
The government of the Republic of Korea insisted on having a thorough investigation. For 7 months, all they did was summoning my sister once. If you hit someone who is not attacking you, you should apologize and do everything to fix it. Every human being knows this.
 
We want a sincere apology, thorough investigation, and justice for my family and for all.
 
Mr. President,
If you allow me for 5 seconds I would like to invite my father to speak for himself. (Holding Mr. Baek's photo)
 
Thank you, Mr. President