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Opinion on the Habeas Corpus Bill [2005] KRNHRC 13 (1 February 2005)

In February 2005, the Legislation and Judiciary Committee of the National Assembly
sought the Commission's opinion on the legislative proposal of the "Habeas Corpus
Act" to introduce a relief procedure by the court on the issue of physical detention other
Improvement of Statutes, Legal Systems, Policies, and Practices on Human Rights 29
than that under the criminal justice procedure. The Commission expressed an opinion
in full support of the Habeas Corpus Bill, which allows for the application for a court
relief (i.e. review of legality of confinement), temporary release of detention, and
selection of a public defender against impartial detention by administrative authority
and private individuals (including organizations). According to the Commission's
opinion, the Bill is in full accordance with the Constitution and international human
rights standards.

To enhance effectiveness of the bill, however, the Commission added that it would be
necessary to expand the scope of the subjects of the regulation and relief applicants,
clarify when to start the investigation, and introduce a mandatory hearing system for
interested parties. The Commission also advised that systems for notifying the right to
claim relief and the fact of detention should be required as mandatory.