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Zainichi Korean Yoon Jeong-hyeon and Kim Jeong-sa hold hands outside of the Seoul Central District Court after attending the trial of their former torturer, Ko Byeong-cheon, on the afternoon of Apr. 2. Yoon and Kim were waiting for an apology that never came. (by Kim Min-kyung, staff reporter)
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Torture victims’ anger mounts as Ko Byeong-cheon refuses to sincerely apologize for past misdeeds
Hon. Judge Lee Seong-eun: The charge is false testimony, but in its essence this is not a case that can be limited to perjury. There are too many people who do remember for you to say that you “don’t recall” [the torture]. You appear to need more time to offer an apology. It’s been a very difficult process, and the defendant must defend himself throughout the length of the trial. In recognition of the risk of flight and destruction of evidence, I have decided to enforce an arrest warrant. I imagine that the victims have had tens of thousands of times more difficult a time than the defendant. I also feel that with his memory, the defendant may be the key to helping the victims somehow escape their past suffering. Do you have anything you would like to say? Ko Byeong-cheon: It was all my fault. Hon. Judge Lee: It’s important what you did wrong. I’d like if you could recall what that was. Ko: It was wrong of me to not speak the truth until now, to insult the victims – all of that is my responsibility. Hon. Judge Lee: This has been a very difficult time for you. I was concerned you might feel differently. You may be the biggest evidence in this case. Go ahead and execute [the arrest warrant]. At 5:07 pm on Apr. 2, former Republic of Korea Army Command investigation and current Defense Security Command investigator Ko Byeong-cheon, 79, was taken into court custody. This came 110 days after he was indicted on charges of false testimony last Dec. 13; seven years and three months after he testified that he had not tortured Zainichi Korean and victim of false espionage charges Yoon Jeong-hyeon, 65, in a hearing for Yoon’s retrial on Dec. 16, 2010; and 34 years after he tortured Yoon, then an exchange student at a South Korean university, into confessing to espionage in 1984. It is considered highly unusual for a judge to place a defendant under court custody while he is undergoing trial. Hon. Judge Lee Seong-eun of Seoul Central District Court’s 19th criminal division convened a third hearing for Ko on false testimony charges at 4 pm that day. Originally, the hearing was to consist of questioning of Ko, final testimony, and a sentencing opinion from prosecutors. In addition to Yoon, who accused Ko of false testimony, the hearing was also attended by two other victims of torture by Ko, Kim Jeong-sa and Choi Yang-joon. They came after Ko announced in a previous hearing that he would “apologize.” But when Ko let no fewer than three opportunities for a sincere apology pass, he ended up facing an eruption of the anger left simmering within the victims over the past decades. When asked by prosecutors in the defendant questioning if he acknowledged all of the offenses in the case, Ko replied, “I acknowledge them, yes.” When prosecutors proceeded to ask why he lied about torturing Yoon and Lee Jong-su, Ko answered, “As someone who was just a rank-and-file investigator, I could not speak personally [on behalf of the organization], and I was afraid of the censure that would come my way. I wish to apologize to everyone.” But Ko remained quiet on the reasons for the torture, saying he “cannot tell the individuals involved why I tortured them.” Ko was belatedly charged with false testimony after responses made while appearing as a witness at Yoon’s retrial on Dec. 16, 2010. When asked by prosecutors and defense attorneys whether he had “engaged in violation actions such as beating or coercion” or “used torture or brutality in questioning Lee Jong-su,” Ko replied that it “did not happen.” As Ko continued giving unclear answers, Kim Jeong-sa raised his hand. “Your Honor, I am forced to use a wheelchair because of the condition my legs were left in by my torture,” said the wheelchair-bound Kim, who came from Japan to see the hearing. “I have been unable to sleep at night since this man was indicted. He is the same man who laughed as he subjected the 20-year-old me to water torture, electrical torture, and elevator torture. I came here from Japan because this opportunity will not come again, but I cannot believe he is neither apologizing nor remorseful,” a tearful Kim said. Kang Jong-geon, another Zainichi Korean victim of false espionage charges, stood up and declared, “Because he has refused to acknowledged torturing people to get the statements he wanted, we resorted to false testimony charges as a last resort, but the torture is a greater human rights violation than false testimony. For torture to never happen again, this man must take responsibility.” After hearing Kim and Kang’s remarks, Hon. Judge Lee demanded a more specific apology from Ko that acknowledged his role in the torture. “A true apology must be in the form that the receiver desires. When a defendant apologizes sincerely, that sense comes across to the person hearing it,” Lee said. Moving from the witness stand to the defendant’s seat, Ko began his final statement. “Your Honor, I would first like to apologize to Yoon Jeong-hyeon and beg his forgiveness. I apologize to everyone else too. I feel sincerely sorry and ask for forgiveness,” he said. “You should not be asking me for forgiveness. You should look at the victims when you apologize,” Lee responded. Ko turned to the gallery and slightly lowered his head. “I am sorry,” he said. But Ko became evasive and dismissive in response to subsequent questions from attorney Jang Gyeong-wook, who served as Yoon’s counsel in the retrial and represented him in the complaint against Ko. Jang: Do you admit torturing Yoon Jeong-hyeon and Lee Jong-su? Ko: I admit it. Jang: Did you torture other people too? Ko: I did not. Jang: Describe in detail the elevator room where you tortured Yoon Jang-hyeon. How is a person tortured inside of it? Ko: I don’t really know. Jang: If you don’t really know, what are you sorry about? Do you acknowledge performing the elevator torture? Ko: There are people who use it. Jang: And you did not use it? Ko: I did not. Jang: What was the reason for the torture? Ko: I am sorry. It was because of my own failings that this happened. Jang: Whose orders were you acting on in performing torture? Ko: (no response) Yoon Jeong-hyeon finally stood up. “This happened the last time – it is psychologically disturbing for me to be in a space where I can see this man. It makes me so infuriated,” he said. “This is not an apology,” Yoon continued, weeping before the judge. “You can clearly see that he wants to give vague answers and get this hearing over with quickly so he can get as light a sentence as possible. The things you are asking about are things the victims all want to know. I don’t think he hasn’t answered – I think he can’t answer.” Fellow elderly victims who were also framed of espionage, along with their accompanying family members, also shed tears as they watched the hearing. After listening quietly to Yoon’s remarks, Lee called a five-minute recess before issuing the arrest warrant against Ko. After the hearing ended, Kim Jeong-sa emerged holding Yoon’s hand from Room 501 of Seoul Central District Court’s west wing. Kim was still livid. “They said it would be the first time in history a torturer apologized. I came all the way from Japan and he didn’t apologize,” he fumed. Yoon wiped eyes that were still reddened from tears. “It is at least a little comforting. I don’t know what he’ll say next time,” he said. By Kim Min-kyung, staff reporter Please direct questions or comments to [english@hani.co.kr]
