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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

5 September 2002
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UA-40-2002: The activity period of the PTCSD must be fully extended

SOUTH KOREA: Crimes against humanity, impunity; To reveal the truth about suspicious deaths
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"I would like to forgive the perpetrators, but the only thing I hope is to reveal the truth of his suspicious death." (One victim's father, who lost his son in compulsory military service)

"Even if Korea was collapsed or the president asked, we can not submit the relevant information on the suspicious deaths." (The response from one of the high military intelligence officers when information was requested)

During the military dictatorial regimes in place in the last half century in South Korea, many people were arbitrarily arrested, detained, tortured, and even killed by the police, National Intelligence Agency (Former KCIA), and Military Intelligence Agency. This was perpetrated in the name of national security, and law and order. Most of the victims were opposition leaders, labor activists, and university students who were opposed to the military regimes or involved in the democratic and labor movement.

Even worse, the causes of many killings committed by various law enforcement officers were covered up. In many cases, it was reported to families that the victims committed suicide themselves. The truth has still not been uncovered about these political suspicious deaths, and the honor of victims cannot be recovered.

Especially during Chun Doo-hwan's regime in the early 1980s, the government operated a so-called 'brainwashing project' (Nokhwa Sayub). Many university students who were involved in the democratic movement were arbitrarily arrested and forcibly sent to military service without any notice to their parents. Most of these victims were forced into hard labour, tortured, and in some cases killed. Then it was reported that they had committed suicide. These tragedies gave rise to one of the saddest stories in Korea. One mother of a victim was informed that her son had committed suicide at a military base, but she did not believe this, so she tried her best to find out the truth about her son's death by any means. However, she could not get any results due to obstruction by the military regime. Tragically, she threw herself into a river.

After Kim Dae-jung became president, the Presidential Truth Commission on Suspicious Deaths (PTCSD) was established by the Special Act to Find the Truth on Suspicious Deaths. This Act was enacted on January 5, 2000 and came into effect on May 16, 2000. The enactment of this Act was spurred by the long struggle of the bereaved families, as well as civic and human rights activists.

According to the Act, the purpose of the Act is to promote national unity and democracy by uncovering the truth about suspicious deaths that occurred during the democratic movement against past authoritarian regimes. The term 'suspicious death' refers to a death that occurred during the democratization movement, whose actual cause has not yet been revealed, and for which there are reasonable grounds to believe that the death may have resulted from the direct or indirect use of power by government authorities in violation of the law. (Provided from PTCSD's website at http://www.truthfinder.go.kr/eng/e1.htm)

However, from the beginning, most human rights organizations have expressed concern about the PTCSD's very limited powers and personnel resources, very short period of activity, and lack of ability to charge the perpetrators due to the statute of limitations. Despite these limitations, the PTCSD has received 83 petitions of alleged suspicious deaths and has achieved excellent outcomes since its establishment.

During the two years of activity of the PTCSD, the PTCSD has revealed the truth about some cases. For example, in Prof CHOI Jong-kil's case, it had been reported that the victim had committed suicide, but it has now been revealed that he was killed by the former KCIA agencies at the KCIA office. In three other cases, it was revealed that long-term prisoners of conscience had been beaten to death by prison officers and the PFC. HUR Won-kun was forcibly sent to military service and was killed by his senior officer. The cause of his death was hidden structurally in military society for the last 18 years. Naturally, during these investigations, the former or current relevant government officers rejected their investigation or were reluctant to submit information.

However, the most serious problem is that the activity period of the PTCSD currently lasts only until September 16, with 70% of received petitions remaining. Until now, investigations have been conducted in only 26 cases, and in very few has the truth been uncovered. Therefore, victims' family members, as well as civic and human rights organizations in South Korea are strongly urging the Korean National Assembly to extend fully the activity period of the PTCSD, to strengthen its powers to investigate as with the appointment of special prosecutors, and to exclude the statute of limitations from application to crimes against humanity committed by the state. They urge amendment of the Act. (There was an extension earlier this year, but for only 3 months.)

The Asian Human Rights Commission (AHRC) has drawn attention to this process and wanted the PTCSD to produce good outcomes. This case will become a model to apply in other Asian countries that have had or are still undergoing similar experiences. Most Asian countries have been under military or developmental dictatorship, so millions of innocent people have been killed or disappeared by state violence. For example, in Sri Lanka, more than 30,000 people were killed or disappeared in the late 1980s. And this is only the number admitted by the government. Sri Lankan human rights organizations insist that almost 60,000 people were killed or disappeared during this time. In Indonesia, almost 2 million people were killed by the Indonesian government in the name of national security. We dare not even mention the Cambodian case. However, full official investigations and charges for the perpetrators have not happened yet. The perpetrators are enjoying impunity.

Therefore, AHRC is also urging the Korean government to amend the Special Act to Find the Truth on Suspicious Deaths in order to guarantee a full activity period and to strengthen the power of the PTCSD, and to enact a special law excluding the statute of limitations from application to crimes against humanity committed by the state, as the UN Commission on Human Rights has recommended.


SUGGESTED ACTION

Please send your appeal to the President, representatives of the ruling and opposition Parties, and to the chairperson of legislative and judiciary committee of National Assembly, to urge them to amend the Act.


SUGGESTED LETTER

I have learned that the Korean government has established the Presidential Truth Commission on Suspicious Deaths (PTCSD) in order to reveal the truth about the deaths of people who were involved in the democratic or labor movement, which took place during the dark military regimes. I think such activity is a very important matter for Asian countries. Because of the number of crimes against humanity committed by states, there has still been no full investigation or charges for these crimes in Asia. Therefore, the successful activities and outcomes of PTCSD can be a model to overcome the dark past and to achieve a better society.

However, I was disappointed to hear that the activity of the PTCSD would expire on September 16, 2002. Only 26 cases have been investigated, so 70% of petitions would remain without any action. I know that modern Korean history is a history of state violence and murder. That is why revealing the truths of the past is a first step to achieving a democratic society and to writing a new history. The success of the PTCSD is the hope of Korean people as well as of other Asian people who have suffered from similar experiences or are now suffering.

I strongly urge you to amend the Special Act to Find the Truth on Suspicious Deaths to guarantee a full activity period and enough power to undertake effective investigations. And I am supporting the move to enact the special law to exclude the statute of limitations from application to crimes against humanity. So I also urge you to take positive steps to enact the special law. As you know, this special law follows international human rights standards and the UN Commission on Human Rights¡¯s recommendations.

I look forward to hearing about your action on this matter.

Thank you.

Sincerely yours,

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PLEASE YOUR LETTER BY FAX OR E-MAIL TO;

1. Mr. KIM Dae-Jung
President, Republic of Korea
1 Sejong-no, Jongno-ku
Seoul 110-820,
REPUBLIC OF KOREA
Fax: +822 770-0347 or 770-0001
Tel: +822 770-0018
E-mail: president@cwd.go.kr

2. Mr. SEO Cheong-Won
Representative, Grand National Party
17-7 Yoido-dong, Youngdeungpo-gu
Seoul, 150-010
REPUBLIC OF KOREA
Fax: +822 3786-3110
Tel: +822 3786-3101-5
E-mail: webmaster@hannara.or.kr

3. Mr. HAHN Hwa-Gab
Representative, New Millenium Democratic Party
Kisan Building, 15 Yoido-dong, Youngdeungpo-gu
Seoul, 150-010
REPUBLIC OF KOREA
Fax: +822 788-3428
E-mail: hahn@assembly.go.kr

4. Mr. HAM Suk-Jae
Chairperson, Legislative and Judiciary Committee
17-7 Yoido-dong, Youngdeungpo-gu
Seoul, 150-010
REPUBLIC OF KOREA
Tel: +822 784-3863
E-mail: hsj727@assembly.go.kr

And send a copy to;

Mr. KIM Chang-Kuk
President, National Human Rights Commission
16 Euljiro 1-ga, Jung-gu,
Seoul, 100-842,
REPUBLIC OF KOREA
Fax: +822 2125-9811 or 9666
E-mail: ckkim22@humanrights.go.kr