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National Human Rights Commission of Korea - Complaint Summaries

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Presentation of Survey on Military Judicial System and Human Rights Violations and Debates [2005] KRNHRC 20 (11 May 2005)

Presentation of Survey on Military Judicial System and Human Rights Violations and Debates

On May 11, 2005, the Commission held a meeting for `Presentation of Survey on the
Operation of Military Judicial System and Human Rights Violations and Debates'. The
Commission conducted a survey for six months starting in September 2003 jointly with
Ulsan University. A total of 114 inmates of a military prison were surveyed on human
rights violations and guarantees of their rights in the military legal system overall with
regard to procedures for arrests and detention, investigation by prosecutors, trial procedures,
and life in military prison.

Discussions were held on the issues of human rights violations during military
investigations such as torture, threats, and violence, and the problem of arbitrary application
of rights to confirm and take measures by an officer in charge of the jurisdiction, which is
the authority of an officer under military law to grant pardons. Suggestions were made on
preparation of measures to prevent human rights violations during investigation and trial
procedures, to improve the military prosecutor system by strengthening the authority of
military prosecutors while restraining the investigative authority of military police, and
abolition of authority to confirm and take measures by an officer in charge of the jurisdiction.


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