National Human Rights Commission of Korea(NHRCK) presented its opinion that the Government should sign and ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter referred to as the Optional Protocol). The Commission will also express its confidence in its capacity to carry out the function of ‘national preventive mechanism’ mandated by the Optional Protocol.
1. Overview of the Convention
The Convention, adopted by the 39th United Nations General Assembly on December 10, 1984, became effective on February 8, 1995 in Korea. The Optional Protocol was adopted by the 57th UN General Assembly on December 18, 2002. The Optional Protocol has yet entered into force due to its Article 28, which stipulates that it shall become effective on the thirtieth day after the date of the deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession. As of January 26, 2006, 49 countries have signed and 16 countries have ratified. NHRCK came to urge the government to ratify the Optional Protocol as Korea has neither signed nor ratified.
2. NHRCK" s Efforts to Support the Optional Protocol
NHRCK has closely watched if there was any violation of human rights, torture and other cruel, inhuman or degrading treatment or punishment inflicted by government power. The Commission has offered the government such opinions as " opinion on the second government report on the Convention (February 26, 2002)," opinion on the revised second government report on the Convention (December 8, 2003), and a " recommendation to establish a special legislation for the domestic remedy procedure conforming to the individual communication procedure specified in UN Convention on Human Rights and to accede the Convention" s Articles 21 and 22 (December 8, 2003). In the " National Action Plan for the Promotion and Protection of Human Rights," the Commission also suggested the government sign and ratify the Optional Protocol (January 9, 2006).
On July 28, 2005, NHRCK held a seminar on the " analysis of the major issues regarding the Convention and its Optional Protocol" to seek measures to practically uphold the Convention and the Optional Protocol.
In April 2006, the Ministry of Justice asked for the Commission" s opinion on the ratification of the Optional Protocol and the national preventive mechanism mandated by the Protocol. NHRCK promptly examined the matter by reviewing relevant articles of the Optional Protocol and National Human Rights Commission Act including Article 19 (Clauses 1 and 7), Article 20 (Clause 1), and Article 24.
3. NHRCK as " National Preventive Mechanism"
NHRCK believes that the ratification of the Optional Protocol will protect and promote human rights mandated by the Constitution, International Human Rights Treaty, and National Human Rights Commission Act by establishing a preventive system of regular visits to places of detention by international and national bodies. The ratification will also help the country to take part in the United Nations Human Rights Council, which is to be established in the future. As for the ‘national preventive mechanism," NHRCK is confident in its ability to serve as the independent national body mandated by the Optional Protocol in both legal and practical manners. In fact, the Commission believes that it has already been carrying out the function.
A " Subcommittee on Prevention" , an independent international body, will be established within 6 months after the Optional Protocol is announced. NHRCK believes that there is no need to set up a separate national preventive mechanism as the Commission is capable of carrying out the function independently in accordance with the National Human Rights Commission Act and has successfully served the role for the past four years.
The Commission hopes that the signature and ratification of the Optional Protocol will help eradicate the violation of human rights in the places of detention by allowing the " Subcommittee" and the " national preventive mechanism" to inspect any violation by visiting such places.
