| RELIGIOUS FREEDOM CONCERNS IN SOUTH KOREA STATEMENT BY THE EUROPEAN ASSOCIATION OF JEHOVAH’S CHRISTIAN WITNESSES For the OSCE Human Dimension Implementation Meeting, Warsaw, 24 September to 5 October 2012 Criminalization of conscientiously held beliefs Jehovah’s Witnesses have been present in Korea since 1912, and in 1952 they were registered as a legally recognized religion. The approximately 100,000 Jehovah’s Witnesses in South Korea generally enjoy freedom of worship, yet are oppressed by the unresolved issue of conscientious objection. The government of South Korea has no legislative provision for alternative civilian service. Young men who identify themselves as Jehovah’s Witnesses have no option to decline military training or choose alternative civilian service. As a consequence, they suffer imprisonment rather than violate their Bible-trained consciences and personally held religious convictions. They continue to suffer after their release due to the criminalization of their conscientious position. At present, more than 650 young male Jehovah’s Witnesses have been convicted as criminals and are imprisoned as conscientious objectors in South Korea. Most OSCE member countries have introduced an alternative civilian service option, where applicable. The OSCE 1990 Copenhagen Document states in its article 18.4 that the participating States "agree to consider introducing, (…), various forms of alternative service, which are compatible with the reasons for conscientious objection, (…) and of (…) civilian nature, (…) and of a non-punitive nature." Striving to meet this OSCE standard is expected of all states in Partners for Co-operation. Therefore, we are compelled to decry the detention of more than 650 Jehovah's Witnesses currently in prison in South Korea because they are conscientious objectors. Since 1950, 16,955 Jehovah’s Witnesses in South Korea have been sentenced to a combined total of 32,185 years for refusing to perform military service. Recent statistics are presented below. JANFEBMARAPRMAYJUNJULAUGSEPOCTNOVDECJANFEBMARAPRMAYJUNJUL Republic of Korea finds no legal remedy The UN Human Rights Committee (Committee) has declared that the Republic of Korea has violated Article 18, paragraph 1, of the International Covenant on Civil and Political Rights. Its 1 December 2006 decision found an infringement of freedom of conscience in the case of two Jehovah’s Witnesses who were imprisoned for refusing military service. On 24 March 2011, the Committee decided the same in the case of 100 Jehovah’s Witnesses; 438 further individual complaints are still pending before this Committee. In its decisions, the Committee reminded South Korea that it was under obligation to put an end to the violation. Yet the government of South Korea is on record as saying it does not intend to implement the Committee’s views. In its decision of 30 August 2011, the Constitutional Court refused to apply the Committee’s decisions and found no basis to declare unconstitutional the laws that penalize conscientious objectors refusing military service. There are 15 cases still pending before the Constitutional Court for examination of the constitutionality of relevant laws. The Supreme Court has consistently rejected appeals from sentenced conscientious objectors, some 200 filed so far. From the Korean War period to the present, the government has relentlessly prosecuted conscientious objectors. Not a single alternative has been provided by the government to resolve the issue of conscientious objection. Escalation of discrimination against conscientious objectors Conscientious objectors to reservist training face repeated trials, fines, and even prison terms. They undergo 8-year-long cycles of call ups, 2 or 3 times a year, and repeated prosecutions. One of these conscientious objectors to reservist training (whose case was rejected by the Constitutional Court’s 30 August 2011 decision) has been prosecuted 37 times and expects to face call ups and trials for two more years. A respectful request Jehovah’s Witnesses respectfully request the government of South Korea to recognize their conscientious objection to military service, pardon the conscientious objectors presently in jail, and institute a genuine civilian service that is not under military supervision. A delegation of Jehovah’s Witnesses is ready to meet with representatives of South Korea attending the present conference in order to clarify any misunderstanding and to promote a constructive dialogue. Imprisoned847836821846807753736743777804802762730764779731748675665 Imprisoned this month34694068402335336696835449786340421220Sentenced prisoners844830815838805752736743776800795754720752772720733660656 Sentenced this month39664066462436336593805347776836371126Trial with detention366821001578111271115159 Trial Court1335100000000101110 Appeallate Court1222000013543244331 Supreme Court111111000224893611118Trial without detention1099210189837687112110867576101919684566583 Trial Court83657563575162878157525176616256273355 Appeallate Court18191818171616161923222019242919141410 Supreme Court88889999106156659151818Investigated66574530253745443627342822203125345466Appeal to Supreme Court200020001036631111149 accumulative total143143143143145145145145146146149155161164165176187191200 20112012 |
