The Constitution of Korea 1948 provides for various rights and freedoms and procedural
safeguards. Other relevant legislation is the Anti-Terrorism Bill and the Criminal Procedure
Act. Terrorism is defined in Article 2 of the Anti-Terrorism Bill as follows:
“Terrorism” is an act or a planned propaganda to publicize or pursue their beliefs by an individual or a group
with a political, religious, ideological, or ethical objective which results in social anxiety, or affects national
security or foreign relations.
a) Assaulting, abducting, imprisoning, arresting, murdering individuals outlined in the presidential
decree such as VIPs, key figures if all fields, foreign diplomats and foreign VIPs.
b) Kidnapping or assassination of VIPs and their family, key figures from all fields, Foreign VIPs,
foreign diplomats in Korea, Korean diplomats abroad, Korean students abroad, worker and travelers
abroad.
c) Hi-jacking and bombing of airplanes, ships and vehicles.
d) Mass destruction or causing a serious threat by using explosives, firearms or other weapons.
e) Leaking, spraying toxic biochemical or radioactive materials, or threat by using such materials in
order to cause mass destruction of humans and animals.
The Advisory Council of Jurists observes that:
1.
The definition of terrorism in the Anti-Terrorism Bill is drafted broadly. Care must be
taken that it is not used to restrict fundamental rights such as freedom of expression and
association or to target vulnerable groups.
2.
In administering counter-terrorism measures that may apply to children, care must be
taken to ensure that the “best interests of the child” principle is a primary consideration.
3.
The 10 day detention period under the Criminal Procedure Act for detained persons is
in contravention of the principle of Article 9 of the ICCPR and Principle 11 of the Body
of Principles on Detention.
Sri Lanka
Sri Lanka is a party to the ICCPR,266 First Optional Protocol,267 CAT,268 CRC269 and
CERD.270 Sri Lanka is a party to SAARC. Sri Lanka is not a party to the Refugees
266
Sri Lanka acceded to the ICCPR on 10 June 1980.
Sri Lanka acceded to the First Optional Protocol on 3 January 1998.
268
Sri Lanka acceded to CAT on 2 January 1994.
269
Sri Lanka ratified the CRC on 12 July 1991.
270
Sri Lanka acceded to CERD on 18 February 1982.
267
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