admissibility of evidence of confessions or statements obtained through torture, and the
information on statistics pertaining to cases in which an accused was found guilty under
the National Security Law based solely a confession. However, the country report
confirmed that there was not a single conviction issued between 2006 and 2011 which
was based on a confession obtained by means of torture or based on a confession that
lacked supporting evidence. Nevertheless, it is necessary that the Committee be provided
with information about the retrial rulings made over the same period that were made to
rectify previous convictions of alleged violators of the National Security Act based on
confessions obtained through torture."
J. Opinion on the Country Report for the Second Cycle of UPR
The NHRCK expressed its opinion on the country report for the UPR with the aim of
ensuring the Korean government receives in good faith the second cycle of the review in
October 2012 and write future country reports that take the recommendations of the
UNHCR under consideration during its subsequent sessions (October 8, 2012).
In this opinion, the Commission judged that the country report was not written in such
a way that it could be used to assess the actual progress of human rights conditions
because it simply listed the legal initiatives and policies implemented during the previous
four years. Moreover, some of sub-items showed limitations because some of the UNHRC
recommendations were not fully covered, previous government positions were repeated,
and some items were in contrast with the official position of the government.
K. Opinion and Recommendation to Amend the Criminal Act and Other Laws Related
to Sexual Violence
The elements of rape have not changed since 1953 when the Criminal Act was
established. Accordingly, the NHRCK judged that legislative actions, as well as
ultimately the amendments to the Criminal Act, are needed as a means of protecting the
Chapter 1. Improvement of Laws, Regulations, Policies and Practices
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