Key Activities
The need for evacuation is something that the petitionee, the commander, can determine with
certain discretion based on the ongoing mission and the severity of injuries or sickness of his unit
staff. However, no evidence was shown that evacuation was impossible because the ship was
conducting emergency operations or that it was physically impossible for the petitionee to check
the status of the victim. Witnesses reported that the petitionee did not come to see the victim
himself or check on the severity of his illness, but there had been cases in the past where the
petitionee had checked patients’ conditions and evacuated them according to procedures. In this
case, it is concluded that the petitionee failed to check and evacuate the victim, preventing him
from getting proper medical services, and thus this constitutes an infringement upon the victim’s
right to access medical treatment.
The Fleet Commander accepted the recommendations of the Commission to issue a warning
and offer human rights education to the petitionee.
Violation of right of defense in connection with a Review Committee meeting
The petitionee contacted 30 or so of the higher-ranking officers who are members of the
Dismissal Review Committee one or two hours prior to a meeting slated to review the petitioner’s
case, and shared his views about the charges brought against the petitioner. On September 17, the
Commission recommended that the Minister of National Defense come up with a plan to prevent
similar incidents in the future and disseminate the case to subordinate units.
Considering the strict hierarchical structure unique to the military, the actions of the petitionee
may have unfairly influenced the decision-making of the Dismissal Review Committee, regardless
of what the intention was. Also, the closer to the meeting time such contacts were made, the
more likely it would be for committee members to be influenced in their decisions; hence the
Commission concluded that the petitioner’s right to a fair trial and human dignity were violated.
The Ministry of National Defense accepted the recommendations to disseminate the case across
the military.
Abuse of power and other human rights violations by unit commander
The Commission concluded that the petitionee violated the obligation to protect whistleblowers,
as well as of the petitioners' privacy and freedom. On December 12, it recommended the higher
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