A/HRC/WGAD/2015/32
(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, that aims towards or can result in ignoring the equality of human
rights (category V).
Submissions
Communication from the source
4.
Ms. Kwon, born on 7 December 1971, is a national of the Democratic People’s
Republic of Korea. In 1998, Ms. Kwon fled to China and married an ethnic Korean man
from China. Ms. Kwon and her husband lived together in China.
5.
According to the source, the Government of China pursues a strict policy of forcibly
repatriating citizens of the Democratic People’s Republic of Korea who enter China
illegally. The source indicates that, in the Democratic People’s Republic of Korea, persons
repatriated from China are treated as political criminals and are subjected to punishments,
including imprisonment, torture and execution. For fear of being apprehended by the
Chinese police and repatriated to the Democratic People’s Republic of Korea, in 2004, Ms.
Kwon decided to flee to the Republic of Korea to join her brother, who had just settled
there.
6.
On 31 March 2004, prior to her planned move to the Republic of Korea, Ms. Kwon
was arrested by the Chinese Police at a hotel in Shenyang, China. Seven other nationals
from the Democratic People’s Republic of Korea were arrested with her. The police
allegedly did not present any warrant at the time of the arrest. Ms. Kwon was then
repatriated to the Democratic People’s Republic of Korea.
7.
In May 2004, Ms. Kwon was transferred from Sinuiju, China, to the Security
Council in Hoeryong City, Democratic People’s Republic of Korea, where she was
detained and investigated until August 2004. During that period, her family was allowed to
deliver food to her through the security agent there. However, she was never allowed to
receive any visit by her family.
8.
On 31 August 2004, Ms. Kwon’s family was informed by a security agent from the
Hoeryong City Security Council that she had been transferred to the North Hamgyong
Provincial Security Agency in Chongjin. Since then, Ms. Kwon’s family has received no
information from the relevant authorities in the Democratic People’s Republic of Korea
concerning her whereabouts.
9.
On the basis of the information collected by the source, it is believed that, in 2005,
Ms. Kwon was transferred to Yodok Political Prison Camp.
10.
The source reports that, in the Democratic People’s Republic of Korea, no official
notification is provided to the family of anyone sent to a political prison camp. Families of
detained individuals often bribe personnel of the National Security Agency to disclose
information on the whereabouts of persons detained in such camps. The source also reports
that, in the Democratic People’s Republic of Korea, there are no legal procedures to
challenge the legality or arbitrariness of any detention of political prisoners. It is reported
that anyone who attempts to establish the whereabouts of a detained person or challenge the
legality of the detention by unofficial channels will be convicted and punished on the basis
of the principle of guilt by association.
2