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[Statement] Statement by the NHRCK Chairperson on the Ruling on the Retrial of an Individual Sentenced to Life Imprisonment
Date : 2025.01.17 15:17:49 Hits : 369

Statement by the NHRCK Chairperson on the Ruling on the Retrial of an Individual Sentenced to Life Imprisonment


-Retrial proceedings must ensure promptness and the protection of the human rights of the accused -


NHRCK Chairperson Ahn Chang-ho, in light of the recent acquittal of Kim Shin-hye, an individual serving a life sentence, in a retrial, reiterates the NHRCK's 2018 decision on the criminal retrial system and issues the following statement.


Article 420 of the 『Criminal Procedure Act』 specifies the provisions related to the criminal retrial system. This system allows the court to re-examine even cases that have been concluded through the three-trial system. The primary reasons for the need for criminal retrial include wrongful judgments due to unlawful investigations and fabricated evidence by investigative agencies, the clarification of the truth of past incidents, and changes in circumstances following the decision of unconstitutionality of certain punishment clauses. These are critical for the realization of justice and the protection of human rights in our society.


However, the case of Kim Shin-hye, an individual serving a life sentence, highlights the challenges and limitations within our criminal retrial system. Kim Shin-hye maintained her claim of innocence even after her life sentence was upheld in 2001. In 2015, the court decided to reopen the case, but due to the prosecution's appeal and delays in the trial, her acquittal and release were only secured on January 7, 2025. Furthermore, the prosecution has appealed the court's decision to acquit her, meaning the trial is expected to continue.


The court's decision to grant a retrial on valid grounds indicates a recognition of a potential miscarriage of justice in the final judgment. It is profoundly unjust for individuals to endure prolonged incarceration due to unlawful investigations by law enforcement agencies and errors in judicial rulings. Additionally, it constitutes a violation of human rights to take excessive time from the decision to initiate a retrial to the conclusion of the trial, keeping the defendant in custody throughout this period.


Retrial proceedings after the decision to initiate a retrial must be conducted promptly and ensure the protection of the defendant's rights. In response, the NHRCK, on November 5, 2018, issued a decision to reopen the case of Kim Shin-hye and recommended to the Minister of Justice and the Chief Justice of the Supreme Court to  ▲ address the systemic issue of excessive appeals by prosecutors against court decisions to reopen cases,  expedite the trial procedures for such appeals, and  actively suspend the execution of sentences when a decision to reopen a case is made.


Ms. Kim Shin-hye's retrial is still ongoing, and her release occurred approximately 10 years after the retrial was initiated, as no decision was made to suspend the execution of her sentence during that period. This represents a failure to implement the recommendations of the National Human Rights Commission. Additionally, investigative agencies routinely appeal nearly all decisions to initiate retrials, and courts infrequently suspend the execution of sentences after deciding to reopen cases. These systemic shortcomings must be addressed to better protect the human rights of the accused.


Recently, media reports on cases such as the "cyanide makgeolli murder case" and the "reservoir wife murder case" have highlighted investigative agencies' unlawful practices and human rights violations, raising public interest in the criminal retrial process. Other notable cases, such as the "Iksan Yakchon Five-Way Intersection Taxi Driver Murder" and the "Suwon Homeless Girl Death," revealed the innocence of the accused through retrials. A common thread in these cases is that the accused were socially vulnerable individuals, including minors, persons with intellectual disabilities, individuals with mental health conditions, and those experiencing homelessness, who were wrongfully investigated and had their human rights violated.


The criminal retrial system is not merely a mechanism to relieve the wrongfully accused; it also serves as a measure of the level of justice and human rights in our society. In addressing the challenges of excessive appeals by investigative agencies and prolonged trial delays, we must establish a fair and efficient criminal justice system that earns the trust of all members of society.


The NHRCK will continue to work toward preventing human rights violations by investigative agencies and courts, protecting the rights of society's most vulnerable members, fostering social discussion on the retrial process, and examining the need for institutional improvements.


January 15, 2025.


Chairperson of the NHRCK Ahn Chang-ho

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