A/HRC/WGAD/2013/35
(d)
When asylum seekers, immigrants or refugees are subjected to prolonged
administrative custody without the possibility of administrative or judicial review or
remedy (category IV);
(e)
When the deprivation of liberty constitutes a violation of international law for
reasons of discrimination based on birth; national, ethnic or social origin; language;
religion; economic condition; political or other opinion; gender; sexual orientation; or
disability or other status, and which aims towards or can result in ignoring the equality of
human rights (category V).
Submissions
Communication from the source
3.
The case summarized below was reported to the Working Group on Arbitrary
Detention as follows:
4.
The case concerns eight individuals (hereinafter petitioners), all nationals of the
Democratic People’s Republic of Korea, residing in North Hamkyung, who were arrested
between 2000 and 2012 by agents of the National Security Agency (NSA). No warrant was
shown for their arrest and they have been detained incommunicado since. Family members
have relied on information received informally regarding reasons for their detention,
whereabouts and well-being.
5.
Choi Seong Jai, born 30 September 1967, usually residing at 33-ban, Sungchundong in Hoiryeong, was 34 years old at the time of his arrest. He was the manager of a pine
mushroom trading business in Sungchun-dong. For business reasons he frequently crossed
the Chinese border with his guide, Hwang In Guk, who, according to the source, acted as a
secret NSA agent from the Hoiryeong Crop-processing Factory. On 3 February 2000,
Choi Seong Jae was arrested at his home by NSA agents from the Crop-processing Factory
and held for approximately six months at the NSA facility in Chongjin, North Hamkyung.
He was accused by Hwang In Guk of stealing and concealing a border guard’s weapon
(pistol). The source conveyed an NSA report that the individual responsible for stealing the
border guard’s pistol had been found and executed by the NSA. Choi Seong Jae
nonetheless remains in detention at No. 25 Susong Reeducation Camp, a political prison.
An eyewitness reports that Choi Seong Jae was tortured in detention to the point of
unrecognizability.
6.
The source reports that Choi Seong Jae is being detained pursuant to article 78(7) of
the Criminal Code of the Democratic People’s Republic of Korea, on illegal capture,
possession or transference of weaponry, ammunition, and war technology, which states:
“A person who plunders combat technology equipment, illegally possesses weapons
or ammunition or disposes of them shall be punished by reform through labour for
less than two years. In cases where the person commits a grave offence, he or she
shall be punished by reform through labour for less than three years. A person who
plunders weapons, ammunition or a large amount of combat technology equipment
shall be punished by reform through labour for more than three years and less than
eight years. A person who plunders a large amount of weapons or ammunition or a
particularly large amount of combat technology equipment shall be punished by
reform through labour for more than eight years.”
7.
He is additionally charged with committing treason against the State for crossing the
border into China.
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