A/HRC/WGAD/2019/52
(e)
When the deprivation of liberty constitutes a violation of international law on
the grounds of discrimination based on birth, national, ethnic or social origin, language,
religion, economic condition, political or other opinion, gender, sexual orientation,
disability, or any other status, that aims towards or can result in ignoring the equality of
human beings (category V).
Submissions
Communication from the source
4.
Eun Sil Kang, born on 20 June 1968, is a national of the Democratic People’s
Republic of Korea and usually resides in Hyesan City, Ryanggang Province, the
Democratic People’s Republic of Korea.
5.
It is reported that Ms. Kang was a broker who, for approximately 3 years, carried
foreign currency (United States dollars and Chinese yen) between defectors from the
Democratic People’s Republic of Korea living in China or the Republic of Korea and
persons residing in the Democratic People’s Republic of Korea. The source notes that,
although it was against the law to trade foreign currency in a private market without the
permission of the authorities, the authorities overlooked the offence, often facilitating such
trading for their own financial gain.
6.
The source reports that, during one evening in April 2012, agents of the 7th
Department of the Defence Security Command suddenly entered the house of Ms. Kang
and arrested her and other members of her family. It is reported that, at the time of the
incident, the agents broke the door, put everyone on the floor and handcuffed them. They
did not explain the reasons for doing so. The source also alleges that the agents threatened
Ms. Kang and her family members by pointing guns at their heads.
7.
According to the source, the agents put black cloths on the heads of Ms. Kang and
her family members and took them, handcuffed, to the 7th Department of the Defence
Security Command in Hyesan City. At that time, Ms. Kang and her family members did not
know where they were being taken.
8.
The source states that Ms. Kang and her family members were placed in solitary
confinement at the 7th Department of the Defence Security Command in Hyesan City.
They were unable to meet each other in the facility. While some family members were
released after three months of investigations, Ms. Kang’s detention lasted six months. She
was released after this period in detention.
9.
The source reports that, in about May 2014, Ms. Kang was rearrested by agents of
the State Security Department of Ryanggang Province while staying at a house of a relative
in Unhung County, Ryanggang Province. The agents did not inform Ms. Kang or her
relatives of the reasons for her arrest. The source states that, since that arrest, Ms. Kang is
believed to have been imprisoned in one of the country’s prison camps.
10.
The source submits that it is likely that Ms. Kang was arrested based on one or more
of the following articles of the Criminal Law: article 63 (espionage), article 106 (illegal
trade of equipment and supplies in foreign currency), article 111 (unfair commercial
activity of an individual) and article 234 (assisting an illegal crossing of the border).
11.
The source alleges that, once a period of detention commences, it is impossible for
family members to seek official information about a detainee from the authorities.
Moreover, if someone is detained in a prison camp, his or her address automatically
changes to that of the camp and the detainee’s occupation also changes to that of a worker
affiliated to National Security Agency Bureau No. 7, the Bureau of Farm Instruction. It is
thus difficult to identify which prison an individual has been sent to.
12.
Furthermore, the source alleges that there are no legal procedures for remedies in the
Democratic People’s Republic of Korea and although there are lawyers in the country, their
existence is formal. According to the source, if anyone is detained in a prison camp, the
authorities normally imprison him or her without trial. There are therefore no terms of
imprisonment or possibilities for an appeal. Citizens are not aware of an appeal system in
the Democratic People’s Republic of Korea.
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