hankyoreh

It has been confirmed by the Ministry of Justice that the South Korean government is agreeing to the non-application of the death penalty asked by the Council of Europe as part of its agreement to adhere to the Protocol to the European Convention on Mutual Assistance in Criminal Matters.

In his letter to South Korea’s Constitutional Court, Terry Davis, the secretary general of the Council of Europe, wrote, “The South Korean government has confirmed to the Council of Europe that it guarantees the non-application of the death penalty at the time of accession to the European Convention on Extradition (ETS No. 24), Additional Protocols (ETS Nos 86 and 98) and European Convention on Mutual Assistance in Criminal Matters and its Protocol (ETS No. 99).”

The non-application of the death penalty means that the South Korea will not presently or in the future execute criminals who were given the death penalty.

Kim Hysung-tae, a lawyer who has managed constitutional appeals related to the death penalty, asked the Council of Europe to share its opinion on the death penalty a month ago and submitted its letter of response to the Constitutional Court of South Korea.

On this matter, the Justice Ministry said, “It is true that the South Korean government has made this pledge.” The representative from the ministry also added, “Given that most European nations have agreed on the Convention on the Transfer of Sentenced Persons (European Treaty Series No. 112) and support the non-application of the death penalty, our government has agreed in order for there to be stricter law enforcement.”

The Council of Europe, a pan-European organization with 47 member states, is in charge of human rights affairs and has pursued a movement to abolish the death penalty.

According to the European Convention on Human Rights in 1950, “No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.”

The Constitutional Court is now reviewing the case of persons identified with the surname ‘Oh.’ Oh received the death penalty for a murder he committed, however, he is arguing that the death penalty is unconstitutional.

Please direct questions or comments to [englishhani@hani.co.kr]