A/HRC/WGAD/2013/35
36.
The Working Group holds that the detention of the petitioners in the present case is
arbitrary and in violation of articles 8, 9, 10, 11, 13, 14, 18, 19 and 20 of the Universal
Declaration of Human Rights, and articles 8, 9, 12 and 14, 18, 19 of the International
Covenant on Civil and Political Rights.
37.
The Working Group reminds the Democratic People’s Republic of Korea of its
duties to comply with international human rights obligations, not to detain arbitrarily, to
release persons who are arbitrarily detained, and to provide compensation to them. The
Working Group has above recalled that under certain circumstances, widespread or
systematic imprisonment or other severe deprivation of liberty in violation of fundamental
rules of international law may constitute crimes against humanity. The duties to comply
with international human rights that are peremptory and erga omnes norms such as the
prohibition of arbitrary detention rest not only on the Government but on all officials,
including judges, police and security officers, and prison officers with relevant
responsibilities. No person can contribute to human rights violations.
Disposition
38.
In the light of the foregoing, the Working Group on Arbitrary Detention renders the
following opinion:
The detention of Choi Seong Jai, Hong Won Ok, Kim Seong Do, Kim Seong Il, Lee
Hak Cheol, Lee Gook Cheol, Kim Mi Rae, and Lee Jee Hoon is arbitrary and in
violation of articles 8, 9, 10, 11, 13, 14, 18, 19 and 20 of the Universal Declaration
of Human Rights, and articles 8, 9, 12 and 14, 18, 19 of the International Covenant
on Civil and Political Rights and falls within categories I, II and III of the categories
referred to by the Working Group when considering cases submitted to it.
39.
Consequent upon the opinion rendered, the Working Group requests the
Government to take the necessary steps to remedy the situation, which, in its view, include
immediate release from detention and an enforceable right to compensation, in accordance
with article 9, paragraph 5, of the International Covenant on Civil and Political Rights. It
recommends that the Government harmonize its legislation with the International Covenant
on Civil and Political Rights.
40.
Finally, the Working Group invites the Government to better cooperate with it in the
future, through the provision of substantive responses to the allegations transmitted.
[Adopted on 13 November 2013]
8