Ahn Chang-ho, Human Rights Commissioner, "Kim Sinhye's Not Guilty Verdict Confirms Importance of Retrial System"

"Need to Improve Habitual Appeals by Investigative Agencies"

An Chang-ho, Chairman of the National Human Rights Commission of Korea (NHRCK), recently evaluated the case in which life prisoner Kim Sin-hye was acquitted, stating that "it demonstrated both the importance and limitations of the criminal retrial system."

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On the 15th, Chairman An said in a statement, "Article 420 of the Criminal Procedure Act contains provisions related to the retrial system, which allows the court to reconsider even finalized crimes to prevent wrongful judgments caused by illegal investigations and fabricated evidence by investigative agencies," emphasizing, "This is important for realizing justice and protecting human rights in our society."

Kim was indicted on charges of killing her father by making him drink alcohol mixed with sleeping pills in Wando-eup, Wando-gun, Jeollanam-do, around 1 a.m. on March 7, 2000, and then abandoning the body at a bus stop. In March 2001, the Supreme Court confirmed a life sentence. She was acquitted in a retrial verdict at the Haenam Branch of the Gwangju District Court on the 6th and was released after serving 24 years in prison.

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Chairman An also pointed out the limitations and realities of the retrial system. He said, "Kim continuously claimed innocence after her life sentence was confirmed in 2001, and although the court decided to commence a retrial in 2015, due to the prosecution's appeals and trial delays, she was only acquitted and released in January this year," adding, "Since the prosecution has appealed the court's recent acquittal, the trial will continue." He further emphasized, "The long period from the retrial commencement decision to the conclusion of the trial, during which the defendant remains detained, should be regarded as a human rights violation."

He also explained, "Kim's retrial procedure is still ongoing, and she was released only about 10 years after the retrial commencement decision due to the absence of a suspension of sentence execution. This is a case where the NHRCK's decision was not implemented. Investigative agencies habitually appeal almost all retrial commencement decisions, and courts rarely suspend sentence execution when ordering retrials, indicating a need to improve the criminal retrial system and related practices."

Previously, on November 5, 2018, the NHRCK recommended and expressed opinions to the Minister of Justice and the Chief Justice of the Supreme Court to ▲ improve the prosecution's excessive appeal practices and systems against court decisions to commence retrials, ▲ expedite appeal trial procedures regarding retrial commencement decisions, and ▲ actively suspend sentence execution upon retrial commencement decisions.

Chairman An stated, "The criminal retrial system is not only about remedying the wrongfully accused but also serves as a measure of our society's justice and human rights standards," and added, "The NHRCK will promote social discussions on retrial procedures and review the necessity of institutional improvements."

This content was produced with the assistance of AI translation services.