women for prostitution was a criminal offence in the Republic of Korea.
Clarification was further requested of provisions of domestic law prohibiting
foreigners from holding public office.
478. With regard to article 4 of the Covenant, members of the Committee wished
to receive clarification of legal provisions relating to a public emergency,
in particular those relating to the powers of the President under those
circumstances, and their conformity with the Covenant. Further information
was also requested about the constitutional or statutory basis for ensuring
conformity with article 4, paragraph 2, of the Covenant.
479. In connection with article 6 of the Covenant, the recent limitation of
the categories of crimes subject to the death penalty was welcomed.
Clarification of the crimes still carrying the death penalty, particularly
under the National Security Law, was requested and, in particular, it was
inquired whether the death sentence could still be imposed for robbery.
Noting that under national legislation, widely varying penalties, which could
range from five years' imprisonment to death, could be applied for practically
the same offences, it was pointed out that the Committee had always clearly
stated that, under the provisions of the Covenant/ the death penalty could be
imposed only for the most odious and serious crimes. Information was
requested on instructions given to members of the police in connection with
the use of force during public demonstrations, the method used to carry out
the death penalty and on the legal provisions concerning abortion.
Clarification was also requested on the statement in the report that the
rights of people suffering from certain categories of communicable diseases
could be limited.
480, With reference to articles 7, 8, 9 and 10 of the Covenant, members of the
Committee wished to know whether any statement or confession made as a result
of torture could be invoked as evidence in court proceedings; whether there
had been any complaints of torture of prisoners or detainees and, if so,
whether there had been any convictions on such charges. Clarification was
requested with regard to a number of individual cases, particularly about how
many officials had been found guilty of such violations, the sentences they
had received, and whether persons who might have been sentenced in the past on
the grounds of confessions obtained under such circumstances would benefit
from the positive developments occurring in the Republic of Korea. It was
also asked how quickly after arrest a person's family was informed; what were
the regulations governing solitary confinement; what was the role of the
national security agency with regard to article 9 of the Covenant; and at what
age criminal law was applicable. Clarification was also requested of the
compatibility with the Covenant of the very long period of pretrial detention,
in particular under the Hational Security Law.
481, Clarification was requested with regard to the legal provisions governing
the remedy of habeas corpus, or any other similar remedy, and concerning
provisions which stated that an inmate was permitted to see other persons only
"when deemed necessary". It was also asked whether the provisions under which
the treatment of prisoners was designed to reform and educate them to help to
reintegrate them into society, by inculcating a sound national spirit in them,
were in accordance with the provisions of the Covenant. As for article 8 of
the Covenant, further details were requested about the provisions of the
Criminal Code which provided for penal servitude "with a certain amount of
labour".
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