69.
In response, the Korean government revised the article 12 of the
“Enforcement Decree of the North Korean Refugees Protection and
Settlement Support Act” on 24 December 2018 and shortened the provisional
protection period of North Korean refugees from 180 to 90 days.
70.
However, such measures by the Korean Government cannot be seen
as full compliance with the recommendations of the Committee against
Torture and the UNHRC. Furthermore, no institutional improvement plans
have been established to ensure the right to legal counsel since the review on
North Korean refugees includes face to face interview and guarantee the
right to an independent review and to appeal the decision regarding
deportation to third countries.
Questions
71.
Please define your position and reasons for the opinion that the right
to legal counsel should be ensured for the persons escaping the Democratic
People’s Republic of Korea during the entire period of provisional protection,
which is provided for national security, and the period and method of
investigation should be strictly in accordance with international human rights
standards, including the doctrine of warrants in the article 9-4 of the
International Covenant on Civil and Political Rights.
72.
In addition, please present your position and reasons for the opinion
that a clear and transparent procedure should be adopted to provide
appropriate and independent review before deporting North Korean refugees
to third countries.
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