482. Members of the Committee wished to receive further information on the
implementation of article 14 of the Covenant and on the structure of the
judiciary, including the legal and administrative provisions governing tenure,
dismissal and disciplining of members of the judiciary. It was asked how the
independence and impartiality of the judiciary was guaranteed; whether there
was any free legal aid and advisory scheme and, if so, how it operated; and
whether prosecutors were subject to executive or to judicial authority. Also,
members of the Committee wished to know the exact nature of the role of the
prosecutor, the guarantees of his independence and the responsibilities
entrusted to the human rights consultation centres established by him.
Clarification was requested about the compatibility with the Covenant of the
restrictions mentioned in the report on the right of the person, deprived of
his liberty to communicate with a lawyer; and on the meaning of the
reservation made by the Government relating to appeals against military trials
under extraordinary laws. Information was also requested on the
implementation of article 15 of the Covenant and in particular the retroactive
effect of a decision of unconstitutionality.
483. With reference to articles 12 and 13 of the Covenant, clarification was
requested about the de facto and de jure restrictions or limitations on
freedom of movement as far as visits to the Democratic People's Republic of
Korea were concerned; about the compatibility with the Covenant of certain
provisions of the Social Surveillance Act, under which anyone suspected of
offences under the National Security Law could be kept under surveillance for
up to two years on a renewable basis; and about the Resident Registration
Law. It was asked what "preventive restrictions" could be imposed on freedom
of movement under article 12 of the Constitution; and what legal provisions
governed the admission or expulsion of "boat people" in the country.
Information was also requested on what stage had been reached in negotiations
being held to solve the serious problem of the separation of families and to
bring about their reunion.
484. In connection with articles 17, 18 and 19 of the Covenant, it was asked
whether attempts had ever been made to force people to recant their beliefs;
whether efforts to promote anti-communism were still made despite the changes
that had taken place in the world; whether conscientious objection was
permitted under the law; and whether there were any political prisoners. It
was also asked whether the condition whereby such prisoners could, apparently,
be released only if they renounced their opinions and beliefs, was compatible
with the Covenant. Clarification was also requested of the meaning of a
sentence in the report that the purposes of the Broadcasting Act were to help
the formation of public opinion.
485. With regard to articles 21 and 22 of the Covenant, members of the
Committee wished to receive information on the alleged dissolution of certain
private university or school teachers' unions. It was asked why an
authorization had to be obtained in advance in order to organize meetings or
demonstrations, and in how many cases such an authorization was refused and
for what reasons.
486. In connection with article 24 of the Covenant, additional information was
requested on the exact definition of "juveniles" as well as on measures taken
to prevent the employment of children at an age when they should be enrolled
in compulsory education.
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