Information transmitted to the Government and replies received
454. By letter dated 26 August 1993 the Special Rapporteur informed the Government that he had received reports of prisoners being beaten, deprived of sleep and forced to do repeated physical exercises during interrogation. The reports also indicated that in very few cases had the Government instituted independent and impartial investigations and few cases had led to prosecution of law enforcement officials. Abuses had, in particular, been carried out by the Agency for National Security Planning (ANSP) which could detain and interrogate prisoners for up to 20 days before charges were made. The individual cases described in the following paragraphs were transmitted to the Government.
455. Chun Hee-sik, a trade union activist, was arrested by ANSP members on 4 September 1992. He was held in custody at the ANSP facilities in Namsan or 48 hours, during which time he was reportedly severely beaten and allowed to sleep for only four hours. After his release he was admitted to a Seoul hospital for treatment. He filed a complaint with the Seoul District Prosecutor's Office about his treatment at the ANSP premises.
456. On 29 November 1993 the Government replied that Mr. Chun had filed a complaint at the Seoul District Prosecutor's Office alleging that he was not treated properly during interrogation by the officials of the Agency for National Security Planning. His complaint was being investigated by the Prosecutor's Office.
457. Song Hae-suk was arrested on 9 September 1992 by ANSP officials, who reportedly beat her and threatened her with sexual abuse in order to make her sign a statement about her husband's alleged spying activities. This incident took place in the presence of her three-year-old son who was allegedly abducted with her and not released until 19 September.
458. On 29 November 1993 the Government replied that Mrs. Song had been arrested on charges of assisting espionage activities and had later been sentenced to 18 months' imprisonment with a stay of sentence for two years. The allegation of maltreatment was unfounded. No such allegation had been made by her or her representatives before or during her trial.
459. Son Byung-son, a Minjung Party candidate in the March 1992 parliamentary elections, was arrested on 26 September 1992 at his family home in southern Seoul. According to the reports, he was beaten continually for three days by a group of 13 men; on the fourth day he was allegedly forced to do repeated physical exercises, such as squatting with his arms stretched out and standing on his hands. It was also reported that he had been treated by a doctor on several occasions; this included massage and the administering of injections.
460. On 29 November 1993 the Government replied that Mr. Son had been arrested on 26 September 1992 on charges of espionage. His case was pending in the Supreme Court. On 11 June 1993 he had filed a complaint at the Seoul District Prosecutor's Office with regard to his treatment during interrogation. The complaint was being investigated.
461. Baik Tae-ung, alleged leader of the banned Socialist Workers League (Sanomaeng), was arrested on 29 April 1992 by ANSP agents and allegedly subjected to interrogation for 22 days. According to the reports, he testified in court that during this time he had been subjected to various types of torture, such as sleep deprivation, drug injection and mob beating.
462. On 29 November 1993 the Government replied that the allegation of maltreatment was unfounded. It had not been substantiated during the trial and Mr. Baik had not filed a complaint.
463. The Special Rapporteur sent an urgent appeal on 22 July 1993 on behalf of Noh Tae-hun, a human rights activist who was reportedly arrested by officers of the Security Division of the National Police Administration in the early evening of 15 July 1993, while he was visiting the office of his lawyer. The warrant of arrest shown by the police was reportedly incorrectly filled in. When the lawyers urged the police officers to follow the correct legal procedures, they were reportedly beaten and threatened.
464. With respect to this case the Government replied on 5 August 1993 that the warrant of arrest for Mr. Noh was issued by a judge of the Seoul Criminal District Court on 15 July 1993. The form of the warrant was correct. It showed the place of detention (Yongsan police station) and a summary of charges against him. From 15 to 23 July, Mr. Noh was detained at Yongsan police station for interrogation. During that period, he met his attorneys every day and his family members six times. Since 23 July 1993, Mr. Noh had been in custody at the Seoul detention centre pending trial. He was not restricted from meeting his attorneys or family members.
465. On 24 September 1993 the Special Rapporteur sent another urgent appeal on behalf of Kim Sam-sok and his sister Kim Un-ju, who were reportedly arrested without warrants on 8 September 1993 by the Agency for National Security Planning under the National Security Law. It was also alleged that they were beaten and deprived of sleep during interrogations. According to family members who were permitted brief access to the detainees, they were in a trance-like state.
466. With respect to this case the Government replied, on 22 October 1993, that on 8 September 1993 Kim Un-ju had been arrested on suspicion of engaging in espionage activity; a warrant of arrest had been issued on 10 September 1993. He and his sister had been detained at Jungbu police station for interrogation. On 24 September their cases had been transmitted to the Public Prosecutor's Office of the Seoul Criminal District. At the time of the reply they were in custody at the Seoul detention centre pending indictment and trial. They had been treated humanely during interrogations. No complaint had been filed by their family members or attorney with regard to their treatment while in detention.
Information received from the Government on cases included in previous reports
467. On 12 November 1992 the Special Rapporteur communicated to the Government information received about the allegations of torture inflicted upon Kim Nak-jung, Shim Keum-sup, Kwon Du-young and Noh Jong-sun, arrested in August 1992 and taken to the Agency for National Security Planning.
468. On 15 July 1993 the Government replied that Kim Nak-jung had been taken to the Agency for National Security Planning for questioning on 25 August 1992; this was done with his consent; he was arrested on charges of espionage on 27 August 1992. Shim Keum-sup, Kwon Du-young and Mr. Noh Jong-sun were arrested on 27 August, 30 August and 29 August 1992, respectively, under warrants; after the arrests, they were permitted to meet their lawyers in accordance with the pertinent laws and regulations; the reports of beatings and sleep deprivation were unfounded; no such allegations had been made by the accused themselves or their representatives before or during their trials.