Rights commission chief attacks Constitutional Court in letter to UN

National Human Rights Commission of Korea Chairperson Ahn Chang-ho attends a meeting at the commission's headquarters in central Seoul, Feb. 10. Yonhap

National Human Rights Commission of Korea Chairperson Ahn Chang-ho attends a meeting at the commission's headquarters in central Seoul, Feb. 10. Yonhap

NHRCK under controversy for unilaterally siding with president
By Anna J. Park

The head of Korea's human rights commission has sparked controversy by criticizing the country's Constitutional Court in a letter sent to the United Nations, which rehashed the same arguments that President Yoon Suk Yeol has used in his impeachment trial to justify his Dec. 3 martial law declaration.

In the letter, Ahn Chang-ho, chairperson of the National Human Rights Commission of Korea (NHRCK), called into question the Constitutional Court's ability to issue a ruling on Yoon. The National Assembly voted to remove the president from office late last year, and the court is now deliberating on his potential dismissal.

Ahn sent the letter to the Office of the United Nations High Commissioner for Human Rights (OHCHR), which oversees procedural matters for the Global Alliance of National Human Rights Institutions (GANHRI) Sub-Committee on Accreditation (SCA). It came in response to a request sent last December by 204 local civic groups to SCA asking for a special review of the NHRCK, citing the commission's support for the martial law declaration.

In the letter, Ahn argued that the court does not fully adhere to criminal procedure law, limiting the time for witness testimony and cross-examination, which he claimed undermines the fairness of trials. Additionally, Ahn raised concerns about the controversial past actions and affiliations of certain court justices. This argument aligns with claims made by Yoon's legal team during the trial.

A former Constitutional Court justice himself, he also referenced a public opinion poll claiming that nearly 50 percent of Koreans do not trust the Constitutional Court, arguing that this highlighted the need to restore trust and ensure fairness in its processes.

He included a resolution the NHRCK passed last month in support of "guaranteeing President Yoon Seok Yeol's right to defense," along with the official decision document. However, dissenting opinions from the original document were not included in the letter.

When questioned by reporters at NHRCK headquarters in central Seoul on Tuesday about whether his move had undermined the commission's credibility, Ahn dismissed the criticism and asserted that his actions were "for the sake of human rights in the Republic of Korea."

When asked if he would apologize should the letter lead to a lower standing for Korea's human rights commission on the international stage, Ahn responded, "How is this a loss of credibility? I acted based on the truth and spoke out for the human rights of the people."

In response to concerns that the NHRCK's stance aligned with Yoon's legal defense team, Ahn said, "If the president calls a red apple red, are we supposed to say it is blue instead?"

However, he acknowledged that he did not fully agree with all aspects of the arguments by the president's legal team. He also claimed that the letter contained no intent to criticize the Constitutional Court, nor did it include any content that could be seen as such.

GANHRI, an alliance of 118 international human rights organizations, evaluates the accreditation status of national human rights institutions typically every five years. While the next regular review for the NHRCK is scheduled for 2026, GANHRI's general assembly, set to convene next month in Geneva, will decide whether to conduct a special review of Korea's human rights commission in response to the request from the civic organizations.

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