The Ministry of Justice has produced blueprints for change in the country's capital punishment laws, which have long been controversial for the way they violate civil rights. It took the big step of adopting the formal recommendations of a citizens' advisory board, and it names specific tasks and a concrete timeline.
Most notable is that the ministry calls for an official examination of the question of whether capital punishment should be abolished and a search for alternatives. That is a step in the right direction because it has long been hesitant on the issue, saying the death penalty prevents crime. Korea has not executed anyone since 1997, and is close to being considered a country that has abolished it by the international community. Last year the National Human Rights Commission issued the formal opinion that it should be abolished, and members of the National Assembly proposed legislation that would replace capital punishment with life sentences without the possibility of reduced time. The consensus against it continues to grow, but there are still many who argue it should be maintained. It is appropriate that the Ministry of Justice decide to examine abolishment and possible alternatives at such a juncture. One hopes that this time around there will be productive discussion that necessarily leads to a rational conclusion.
Though somewhat late in coming one welcomes the ministry's move to look into problematic cases in recent history. It is going to create a catalogue of cases where civil rights were violated, and, if necessary, create its own commission to review them. That effort will depend on what kind of attitude the prosecution assumes. So far it has dragged its feet when it comes to facing past wrongs. Investigative agencies like the National Police Agency and the National Intelligence Service have stayed silent, passing the buck to the courts for having issued the final sentences in such cases. The case of Kang Gi Hun and the "ghostwritten suicide note" never got to see a full reinvestigation because prosecutors refused to release records of the initial investigation.
It is the prosecution that would carry out the ministry's "civil rights-friendly criminal code," but it is members of the prosecution who were personally involved in cases that trampled on citizens' rights that could be most opposed to looking at the past. It is for that reason that determination on the part of the prosecution's leadership becomes more important than ever before.
The Hankyoreh, 22 February 2006.
[Translations by Seoul Selection]
[Editorial] Time To Decided About Capital Punishment |
