Republic of Korea: Concerns abound about gaps in monitoring, reporting, and the care of detainees

The country rapporteurs were Ms. Ana Racu and Mr. Peter Vedel Kessing.

The country delegation was led by Mr. Soung, Jea Hyen, Director General of the Human Rights Bureau and Ministry of Justice of the Republic of Korea.

Main issues discussed:

Prison overcrowding has been a long-time problem in Korea, leading to increases in instances of violence and abuse. CAT experts recommended that inmates be placed in single cells whenever possible and given sufficient space per inmate as defined by international standards. The experts further expressed concerns over the use of solitary confinement, as a disciplinary measure, for extended period of time contrary to the Mandela Rules Standards.

The need for quality and promptness of medical care and psychiatric services in places of deprivation of liberty were also among the key concerns discussed by CAT experts. In addition, the Committee underlined the very low percentage of human rights violations in places of deprivation of liberty reported to the human rights violation reporting centre that were accepted and redressed.

The committee called for swift and robust institutional reform in Korea’s mental health institutions since there have been multiple complaints about human rights violations and several concerns regarding the high number forced hospitalization. The lack of access to mental health institutions was also raised by the experts who pointed out the fact that only 4% of mental health institutions were visited by the National Human Rights Commission of Korea (KNHRC).

Combatting gender-based violence, as well as hazing and violence within the armed forces were also important topics raised during the review. Experts asked the delegation about the measures in place to prevent such violence and the results of the investigations into military suicides.

Conditions at immigrant detention centers and access to legal counsel, visits and aid, focused especially on the accommodation of North Korean escapees, were also extensively discussed.

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The CAT’s recommendations are available here.

Follow-up recommendations:

The State party should provide information by 26 July 2025 on the implementation of recommendations regarding:

• The protection of fundamental legal safeguards, including rights to legal counsel, free and independent medical examinations, and access to recordings of interrogations.

• Limitations on solitary confinement

• Access to adequate healthcare for persons deprived of liberty, including mental and psychiatric healthcare

• The allegations of and investigations into torture and ill-treatment and cases of death, including suicides in the military

Watch here (part one and part two) of the dialogue with the CAT.