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Presentation of opinions against the bill draft on Amendment to the `Terror Prevention Act' [2003] KRNHRC 50 (22 October 2003)

The government presented the `Terror Prevention Bill,' first proposed by the
National Intelligence Service to the National Assembly on November 28, 2001.
On November 30, 2001, the Commission requested the Speaker and Chairman
of the Information and Telecommunication Committee of the National
Assembly that the National Assembly take action for collection of public
opinions through public hearings and the like and deliberate the bill after
referring to the opinions submitted by the Commission, because the Terror
Prevention Bill seriously impinges on the basic rights of the people as
guaranteed under the Constitution.

The Commission held a public hearing on the bill on December 7, 2001,
collected diverse opinions from citizens at all levels of society including experts,
and conducted research and analysis. On February 20, 2002, the Commission
expressed its opinion against the legislation of the bill, pointing out that it was
highly possible that the bill might violate human rights guaranteed by
international human rights laws and the Constitution of the Republic of Korea,
and that it was difficult to prevent acts of terror and forecast the effects of
repression.

In August 2003, the National Intelligence Service re proposed the `amended
bill on Terror Prevention' for the establishment of an integrated national system
for anti terror affairs, which had been the responsibility of a number of agencies,
and for the establishment of an organization exclusively for anti terror affairs,
arguing that Islamic terrorists were moving into Southeast Asia and posing a
threat to the national security of Korea and there were worries over possible
retaliatory strikes against nations supporting the Iraq War effort. With
deliberations by the Information and Telecommunication Committee of the
National Assembly on the amended bill to be held soon, the Commission made
another thorough examination on the amended bill, and submitted its opinion
to the National Assembly against the `legislation of Terror Prevention Bill' on
October 22, 2003.
The amended bill was reduced in form from the original bill: some provisions
of the original bill were deleted. However, the contents of the amended bill
still contain those provisions that could lead to violations of the basic rights.
First, the amended bill contains a number of provisions that may infringe on
basic rights. It includes one that does not comply with the Constitution, which
reads, "No person may be arrested, detained, searched, seized, or interrogated
except as provided by law."

Second, there are no instruments to check the power of the anti terror
organization as prescribed in the amended bill, which would naturally lead to
limitations of basic rights.
Third, the amended bill provides wider grounds for discrimination against
foreigners. It still does not include provisions on legal procedures, which are
essential to prevent restrictions on basic rights.
The Commission decided that there was little logical ground for the necessity
of legislation of the amended bill because a number of provisions of the
amended bill violate the Constitution and international human rights laws, as
follows:
1) as measures for the prevention of terror could be taken under the current
laws and systems, there is no need for legislation of another separate law;
2) there were possibilities of violations against the Constitution, such as
requests for mobilization of special forces, which might result in the violations
of basic rights.
On October 22, 2003, the Commission presented the National Assembly its
opinion against the legislation of the amended bill. The amended bill is
pending at the National Assembly. If it is not passed during the current session,
it will automatically be abrogated.