South Korea: Special Bill To Abolish The Death Penalty
The Legislation and Judiciary Committee of the South Korean National Assembly is currently considering an important and historic bill, the Special Bill on Abolishing the Death Penalty (Special Bill), which was initially passed by the South Korean National Assembly in December 2004.
If the South Korean National Assembly votes in favour of the Special Bill and abolishes the death penalty , South Korea would follow the Philippines which abolished the death penalty in June 2006 and be an example to other countries in Northeast Asia including North Korea, Japan, China, Taiwan and Mongolia, all of whom retain the death penalty. It would also be a strong public demonstration of the government’s commitment to respect for human rights, including the most fundamental right to life.
Background
Since its independence in 1948, at least 900 people have been executed in South Korea, most of them by hanging. The last executions in South Korea took place in December 1997 when 23 people were executed at short notice. There has been an unofficial moratorium on executions since February 1998 when President Kim Dae-jung, who had been sentenced to death himself in 1980, took office. There have been no executions under the present administration of President Roh Moo-hyun, who assumed office in February 2003. Despite this at least three people were sentenced to death in South Korea in 2005 and at least 63 prisoners remain under sentence of death at the end of the year.
In November 2001, 155 members of the last National Assembly, then consisting of 273 members, voted in parliament for a bill abolishing the death penalty for all crimes. In South Korea bills are voted on once in the National Assembly and are then passed to an appropriate Committee for discussion and approval before being returned to the National Assembly for a second and decisive vote. Despite the majority of the 16th National Assembly members supporting the Death Penalty Abolition Bill in November 2001, it was not discussed by the LJC and the Bill lapsed when the National Assembly finished its term in April 2004. In December 2004, 175 members of the 17th National Assembly, now consisting of 299 members, again introduced the Special Bill to abolish the death penalty on humanitarian and religious grounds leading to the re-introduction of the Bill to the LJC in February 2005.
A subcommittee of the LJC discussed the Special Bill for the first time in February 2006 and a public hearing was held at the National Assembly in April 2006. At the hearing, it appeared that a small majority of the LJC supported the Special Bill; but the LJC itself was reconstituted in July 2006 and it is not clear how many among the newly reconstituted LJC support the Special Bill. It is also not clear when the LJC will vote on the Special Bill.
The Legislation and Judiciary Committee (LJC) has 16 members; it is divided into two sub-committees. It is important to convince the new LJC membership to support the bill. If the LJC votes in favour of the bill it is passed on for a final vote in the National Assembly and more appeals would be helpful at that stage. Further details to be sent out. It is expected to take place in October or November.
Amnesty International has in the past welcomed the support in the National Assembly for the Special Bill and views this as reflecting a resolve to abolish the death penalty for all crimes in South Korea.
On 21 February 2006 the Ministry of Justice in South Korea issued a press release stating that the Ministry as conducting “a fundamental and deep research about the existence of the death penalty” as there “is a request to abolish the death penalty in our society”. In June, Amnesty International issued an Open Letter addressed to the then Minister of Justice. See http://web.amnesty.org/library/index/engasa250052006.
Recommended Actions
- Write to the members of the Legislation and Judiciary Committee (LJC). Please write to as many of the LJC members as you can but in particular those who have not signed the Special Bill - see below.
- Write to the Minister of Justice.
- Invite opinion makers including political and religious leaders and others who oppose the death penalty to write to the LJC.
- Copies of all letters should be sent to AI Korea (campaign@amnesty.or.kr). Copies of any replies should also be sent to AI Korea who are helping to coordinate this action.
Letter writing Points
- Welcome the decision of the National Assembly to support the Special Bill on Abolishing the Death Penalty which reflects a commitment by South Korea to respect human rights and abolish the death penalty for all crimes.
- Urge members of the Legislation and Judiciary Committee (LJC) of the South Korean National Assembly to vote in favour of this important bill.
- Point out that the passing of this bill would be historic as it is the first such bill abolishing the death penalty in Northeast Asia and would provide South Korea with an opportunity to exercise regional leadership in the defence of human rights.
- Point out that their discussions come at a time when an Anti-Death Penalty Asia Network has been established, reflecting a regional momentum towards abolishing the death penalty in the region.
- Point out that a decision to abolish the death penalty in South Korea would be an example to other countries in the region that are considering the effectiveness of the death penalty as a deterrent and would build on the historic decision made by the Philippines to abolish the death penalty in June this year.
- Note that in October 2006 the UN Human Rights Committee, which monitors commitment to the provisions of the International Covenant on Civil and Political Rights (ICCPR), will be considering South Korea's report on the death penalty.
- State that in line with the UN’s declared goal to provide for the abolition of the death penalty in law, the UN Human Rights Committee is expected to call upon South Korea to sign and abolish the death penalty.
- Point out that a decision to abolish the death penalty would mean that South Korea would become the 130th country in the world to abolish the death penalty in law or in practice.
Special Instructions
Copies of letters sent to LJC members should also be sent to Amnesty International South Korean Section (AI Korea) – see below. AI Korea will be using these letters to draw attention to the regional and worldwide support for abolition of the death penalty in South Korea as the discussions continue in the National Assembly. The address:
AI South Korean Section,
110-620 Gwanghwamun P.0.Box 2045,
Chongno-gu, Seoul, South Korea
campaign@amnesty.or.kr
Fax: +82 2 738 4754
Please write to as many of the LJC members as you can but in particular those who have not signed the Special Bill
Members of the Legislation & Judiciary Committee (LJC):
There are 16 members in the LJC since it was reconstituted in July 2006. Its members are divided into two subcommittees.
(Not signed): are the LJC members who did not sign the Special Bill when it was initially voted in the National Assembly in December 2004. Family names are mentioned first in CAPITAL letters
Addresses see below.
let us know if you will be taking this action by sending an email to admin-ap@amnesty.org