CONFIDENTIAL

1. (C) The Presumption of Innocence:
The presumption of innocence in Korean trials is nothing more
than a legal fiction. While the burden of proof is technically on

—*he-govermment,the court seems to transfer the burden of proving

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innocence to the accused. This is noted particularly in the manner by

which the court questions each accused. The leading question, with a
demand for explanation of what the court considers incriminating cir-
cumstances, is common. While the accused technically has the right to
remain silent and to refuse to take the stand in his own defense, this
right has not been exercised by a single accused. In fact, before
“counsel for Colonel Lee had an opportunity to speak with his client,
he announced to the court that Colonel Lee would be a witness in his
own behalf. At most of the trials conducted thus fer, the accused

are the first witnesses called before the prosecution puts in any
evidence. Although the accused are often questioned initially by the
defense counsel, they are placed in the position of being reouired to
explain their conduct before the prosecution has made out 2 prima
facie case of guilt.

Another indication of the accused's position is the fact that
they are brought into the court room each day handcuffed end roped
together. Such handcuffs and ropes are removed during the taking of
testimony. Most accused wear the traditional Korean clothing, which
distinguishes them from the spectators and civilian witnesses who
appear in western-style clothing. Only in the Chang Do Young trial

have the accused been attired in either civilian clothes or military

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CONFIDENTIAL

 

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