Constitutional Court

A special counsel team on Wednesday demanded a 15-year prison term for former Prime Minister Han Duck-soo on charges of abetting former President Yoon Suk Yeol’s imposition of martial law.

Special counsel Cho Eun-suk’s team made the request during the final hearing of Han’s trial at the Seoul Central District Court, making him the first of dozens of defendants in the martial law case to receive a sentencing recommendation.

“Though the defendant was, in fact, the only person who could have stopped the insurrection situation of this case, he abandoned his duty as a servant of the entire nation and took part in the insurrection crime through a series of acts before and after the declaration of martial law,” a member of the special counsel team said.

Han has been indicted on charges of abetting the ringleader of an insurrection, playing a key role in an insurrection and perjury, all in connection with the martial law imposition.

In addition to attending a Cabinet meeting shortly before Yoon declared martial law on Dec. 3, he allegedly revised the proclamation afterward to enhance its legitimacy, discarded it and lied under oath at the Constitutional Court.

The special counsel team asked the court to consider the immense damage to the nation and the people and his uncooperative attitude in the investigation process.

“This case was an act of terror on the democracy of the Republic of Korea, and the nation and the people as a whole were the victims,” the team member said.

“By strictly punishing the defendant, we must ensure this unfortunate history of the Republic of Korea does not repeat itself,” he added.

Han is expected to be the first to receive a verdict in the martial law case as the court previously stated plans to deliver its ruling on Jan. 21 or 28 next year.

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Nov. 21 (UPI) — The Dominican Republic’s Constitutional Court struck down legal provisions that criminalized same-sex relationships within the National Police and the Armed Forces.

The ruling invalidates two articles in the justice codes of both institutions that imposed criminal penalties, including prison time, on service members who engaged in same-sex relationships.

The regulations, in place since the mid-20th century, imposed penalties of up to one year in prison for officers and six months for enlisted personnel under the stated aim of “maintaining discipline and institutional morality.”

However, the high court found that the provisions violated fundamental rights, including privacy, equality before the law and the free development of one’s personality.

The decision responds to a direct constitutional challenge filed by Dominican attorneys Anderson Dirocie de León and Patricia Santana. According to the attorneys, the disciplinary codes of the National Police and the Armed Forces violated fundamental rights recognized in the Dominican Constitution and in human rights treaties the country has ratified.

The measure adopted by the Constitutional Court has prompted mixed reactions in the country.

Cristian Gonzales Cabrera, a senior researcher at Human Rights Watch, said “for decades, these provisions forced LGBT officers to live in fear of punishment simply for who they are.”

“This ruling is a resounding affirmation that a more inclusive future is both possible and required under Dominican law,” Gonzales said.

Conservative groups in the country, especially those linked to evangelical churches, described the measure as an affront to moral values.

“This ruling is a direct blow to the moral, ethical and spiritual principles that have sustained our nation since its founding. This decision by the Constitutional Court is unconstitutional because it disregards the spirit, value framework and guiding principles established in the Constitution.”

The Dominican Bar Association called the ruling “unfortunate and unnecessary.”

In comments reported by Diario Libre, the association’s president, Trajano Potentini, said the Constitutional Court applied a constitutional test that does not apply to an area that, by its nature, relies on a work ethic, discipline and special subordination inherent to military and police institutions.

In the Dominican Republic, same-sex marriage remains illegal and high levels of stigma toward LGBTQ+ people persist.

With this ruling, the country joins Peru, Ecuador and Venezuela in eliminating similar discriminatory laws and policies that criminalized same-sex conduct among military personnel.

However, activists warn that although the ruling is historic, it does not by itself guarantee a cultural shift within the armed forces.

The judgment, which still must be implemented, marks a milestone in Dominican jurisprudence and could set a precedent for future reforms in other areas of public service.