The National Human Rights Commission of Korea (NHRCK), based on the decision of the Standing Commission on 2 August 2012, delivers the following statement to the Government of the People’s Republic of China with its deepest regret at the inhuman treatment which Mr. Young-Hwan Kim received during 114 days in detention after he was arrested by the Chinese authorities on March 29 including electrical torture, sleep deprivation, beating and other forms of degrading treatment. So as to protect human rights of nationals, NHRCK expresses its position as the following in accordance with universal principles provided by international human rights norms;
First, as a Member State of the United Nations and State party to the International Covenant on Civil and Political Rights (signed in 1988, hereinafter “ICCPR”) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (ratified in 1988, hereinafter “CAT”), China is called upon to take necessary follow-up measures such as preventive actions and punishment of involved persons after thoroughly and rapidly investigating allegations of cruel electrical torture which is prohibited under CAT, Articles 5 of the Universal Human Rights Declaration and Article 7 of ICCPR.
Second, China is denying allegations of torture and inhuman treatment insisting that “legitimate guarantee of rights and interests” was provided “in accordance with laws” for the victim during periods of his detention. However, specific and detailed testimony of the victim and described circumstances around the incident give sufficient grounds for the suspicion that torture was inflicted at that time. If China’s denial repeated, NHRCK would like to propose a joint investigation conducted by an International Investigation Committee composed with the UN Human Rights Council, the Committee against Torture and specialized international NGOs for the objective fact-finding. NHRCK declares it will positively provide support in this regard if needed.
Lastly, NHRCK requests the Government of the Republic of Korea to recall the fact the foundation of the State lies on the protection of nationals and mobilize all possible diplomatic capacity in order to settle this matter in the nearest future by all means established in the UN human rights mechanisms and international human rights law by taking note that the torture which the victim experienced is one of the worst human rights violations. Furthermore, a “Human Rights Protection System (Manual) for Overseas Korean Citizens” should be devised and implemented so that human rights violations of nationals in a foreign country can be addressed as soon as possible at the utmost priority.
