A/HRC/WGAD/2017/80
jeopardized national security. Seong Min Yoon’s freedom of expression should therefore be
protected under both the Universal Declaration of Human Rights and the Covenant.
42.
In all five of these cases, the concerned individuals are being held on the basis of
unreasonable grounds, in violation of international norms, both customary and
conventional, bearing in mind that the Democratic People’s Republic of Korea is a party to
the Covenant.
43.
Moreover, as highlighted by the source, there is no information available on the
national legal framework justifying the continuation of the prolonged detention of these
five individuals. In the view of the Working Group, this situation is especially alarming
given the exceptional length of the periods of detention in question, namely over a decade,
as well as the probable lack of trial proceedings, in violation of rights regarding due
procedure. The unlawfulness of the detention in each of the cases concerned is aggravated
by the length of the periods of detention involved and the lack of a clear legal framework.
44.
The Working Group thus finds that there was no legal basis justifying the arrest and
detention of these five individuals. In its response, the Government failed to even attempt to
provide the Working Group with any relevant information regarding the legal framework
surrounding these detentions. The Working Group must therefore conclude that the
deprivation of liberty, in the present cases, falls within category I.
45.
Additionally, as detailed above, the arrests and prolonged detention are based on the
exercise, by each of the petitioners, of their basic freedoms of opinion and expression as
protected by the Covenant and the Universal Declaration of Human Rights. Therefore, the
Working Group concludes that the violations give the deprivation of liberty of the five
individuals an arbitrary character, falling within category II.
46.
Finally, and as per its well-established practice, the Working Group will refer the
situation of the five victims to the Special Rapporteur on the situation of human rights in
the Democratic People’s Republic of Korea for appropriate action.
Disposition
47.
In the light of the foregoing, the Working Group renders the following opinion:
The deprivation of liberty of Il Joo, Cheol Yong Kim, Eun Ho Kim, Kwang Ho Kim
and Seong Min Yoon, being in contravention of articles 17 and 19 of the Universal
Declaration of Human Rights and of articles 12 and 19 of the International Covenant
on Civil and Political Rights, is arbitrary and falls within categories I and II.
48.
The Working Group requests the Government of the Democratic People’s Republic
of Korea to take the steps necessary to remedy the situation of Il Joo, Cheol Yong Kim, Eun
Ho Kim, Kwang Ho Kim and Seong Min Yoon without delay and bring it into conformity
with the relevant international norms, including those set out in the Universal Declaration
of Human Rights and the International Covenant on Civil and Political Rights.
49.
The Working Group considers that, taking into account all the circumstances of the
case, the appropriate remedy would be to release Il Joo, Cheol Yong Kim, Eun Ho Kim,
Kwang Ho Kim and Seong Min Yoon immediately and accord them an enforceable right to
compensation and other reparations, in accordance with international law.
50.
In accordance with paragraph 33 (a) of its methods of work, the Working Group
refers the situation of these five individuals to the Special Rapporteur on the situation of
human rights in the Democratic People’s Republic of Korea for appropriate action.
Follow-up procedure
51.
In accordance with paragraph 20 of its methods of work, the Working Group
requests the source and the Government to provide it with information on action taken in
follow-up to the recommendations made in the present opinion, including:
(a)
Whether Il Joo, Cheol Yong Kim, Eun Ho Kim, Kwang Ho Kim and Seong
Min Yoon have been released and, if so, on what date;
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