MINBYUN - Lawyers for a Democratic Society

In December 1997 a man died under questionable circumstances while in custody in Seoul. It is our belief that the death was caused by torture and beatings by police officers in a continuing pattern of ill treatment by government officials in south Korea.

Yi Bong-hae, 42, a day labourer, was arrested under normal health conditions on 1 December 1997 for violating theft and traffic laws, and taken to the Seoul Nambu Police Station. On 5 December he was moved to the Seoul Yongdeungpo Detention Centre, and on 9 December, at 9:20 a.m., he was taken to Darim Saint Mary Hospital by a detention centre officer and declared dead on arrival.

An autopsy by the National Institute of Scientific Investigation confirmed the cause of death as a sudden cardiac arrest. The report also found about 16 areas of internal bleeding, bruises and scars on various parts of Yi’s body. The areas of internal bleeding included the front head, lower abdomen, waist, around the hip and upper arms and legs.

The report of the examining doctor at Daelim Saint Mary Hospital cited several areas of bruises, abrasions and small, round scars on areas on Yi’s body which included Yi’s left eye, both hips, both thighs, both knees, both lower legs and bleeding in his right eye. The doctor also concluded that the bruises and internal bleeding were inflicted a few days earlier.

Yi was placed in isolation in the Seoul Youngdeungpo Detention Centre; the detention authorities justified that by claiming Yi showed signs of mental illness. His family, however, stated that Yi had never shown symptoms of mental illness or been treated for any mental disease, nor did the Seoul Nambu police officiers who first arrested him observe any symptoms of mental illness during the time that he was investigated there. The family questioned why he was not transferred to a mental health institute if that was the case.

The reports of the examining doctor and the report of the National Institute of Scientific Investigation can only lead to the conclusion that the internal bleeding, scars and bruises were a result of indiscriminate beatings, which led to the sudden cardiac arrest.

The Seoul Youngdeungpo Detention Centre refuses to release Yi’s documents, which include a physical examination at time of transfer, and the name of the prison guards on duty while Yi was in custody. A lawsuit has been filed by Yi’s wife, Kim Kyoung-suk, against the Youngdeungpo Detention Centre director and unnamed prison guards who participated in the torture of death of Yi.

In another incident, Park Soon-jong, 49, physically disabled, died on 18 February 1998 while receiving treatment at Kangnam City Hospital after being transferred from Sungdong Detention Centre on 4 February 1998. Park had three broken ribs, and a CAT scan revealed traces of internal bleeding in his brain. The doctor who conducted the autopsy stated that the internal bleeding in Park’s brain was caused by "external" factors. Park was serving a sentence for being unable to pay a fine of 700,000 won (US0) for violence. Park served his sentence at Sungdong Detention Centre since 23 December 1997.

Meanwhile, Byun Young-heum, 50, unemployed, died on 1 January 1998 at Seoul City Boramae Hospital, two hours after being released from Yongsan Police Station, and the cause of death was cited as heart attack. Byun was arrested for disturbing the peace and was held in the police station for five days. Police authorities offered Byun’s wife 50 million won (US,000) on 20 January 1998, but stated: "The scars and bruises on Byun’s body were self-inflicted, but we prepared the monetary settlement to appease the family of the deceased."

These three prison deaths are a continuing pattern of systematic torture and mistreatment of detainees and prisoners, which include torture, routine beatings, deprivation of sleep, lack of adequate medical treatment, overcrowding and lack of nutritional food.

According to the National Assembly Audit Report of 1997, during a one-year period between September 1996 to August 1997 there were two deaths cited as possible results of mistreatment by police or detention authorities. However, none of the officers involved were punished. According to the same report, another 52 died in prisons or detention centres (from January 1996 to December 1997), and the authorities maintained that they were not caused by torture or ill treatment. Many causes of death are listed under the ambiguous category of "heart attack." As in the above cited cases, further investigation needs to be conducted to find out how many of these deaths were a direct result of torture, beatings or ill treatment by officials.

Additionally, during the same period between September 1996 to August 1997, there were 719 reported cases of violence and ill treatment by law enforcement officials, and of these only 11 were taken to trial. The vast majority were internally "investigated" and found no cause of further investigation or absolution of guilt on the part of the officers. We estimate that the actual number of cases is much higher, and there are many informal and/or verbal accounts of abuse to human rights groups. Yet many are not formally reported due to repercussions or pressure from the authorities.

Not only the pattern of abuse but the impunity of government officials causes us to fear for the safety and well-being of citizens who find themselves victims of officers who are supposed to protect. We feel that law enforcement officials are not protecting human rights but rather taking the law into their own hands to violently punish - a problem which roots lie in a lack of human rights education and awareness. Without proper punishment of law enforcement officials for these crimes of torture and ill treatment, and education about human rights, the system will only continue to violate the human rights of the people of south Korea.

Torture and other forms of cruel, degrading or inhuman treatment in prisons and detention centres in Korea is a violation of the International Covenant on Civil and Political Rights and the Convention against Torture, both of which the government of south Korea has ratified. The Convention against Torture stipulates that any person who alleges torture has the right to have the case examined by competent authorities, and if it is proved, has the right to redress and compensation.

Many human rights groups see hope in the government of Kim Dae-jung, perhaps one of the most famous human rights defenders in south Korea. President Kim has promised to uphold human rights in his policies. We hope that the new government will fulfil the expectations of the international community and back their words with action. Unless all reports of torture and mistreatment are investigated, those who are found guilty are held responsible and human rights education for all government officials is implemented, the pattern of human rights violations in south Korea will only continue.

Recommended Action

Please send letters of appeal urging the following governmental bodies to show their commitment to human rights by:

1) releasing relevant information on the case;

2) conducting a thorough investigation; and

3) prosecuting as necessary those responsible for the torture and death of these victims, as stipulated in the Convention against Torture, of which the Republic of Korea is a party, and implement human rights education in government bodies, particularly prison and detention centres.

President Kim Dae-jung
The Blue House
1 Sejong-no, Chongno-gu
Seoul 110-050
Republic of KOREA
Fax: +822 770 0253

Minister of Justice Park Sang-chun
1 Chungang-dong, Kwachon-city
Kyonggi Province, 427-760
Republic of KOREA
Fax: +822 504 3337

Mr. Kim Tae-jong, Chief of National Prosecutor’s Office
1724 Seocho-dong, Seocho-gu
Seoul, Republic of KOREA
Fax: +822 3480 2550

Mr. Kim Ki-Hyun, Investigating Prosecutor for Yi Bong-hae
Nambu Prosecutor’s Office, Rm. 222
76-5 3-ga Munlae-dong, Yongdeungpo-gu
Seoul 150-093
Republic of KOREA
Fax: +822 679 0600

Hahn Seung-hun, Chief Board of Audit and Inspections
25-23 Samchong-dong, Jongro-gu
Seoul 110-706
Republic of KOREA
Fax: +822 721 9698