A/HRC/WGAD/2012/4
11.
The source also reports that Ms. Shin and her two daughters have been held in
detention since 1987 and that DPRK’s National Security Agency is responsible for
overseeing their detention.
12.
Ms. Shin and her daughters were initially detained in Yodok Camp, more
specifically in an area called Daesuk-ri. Thereafter, they were moved to a camp near
Pyongyang. Since the early 1990s, there has been no news of the whereabouts of Ms. Shin
and her daughters.
13.
The source reports that Ms. Shin and her daughters are ordinary civilians who have
been detained solely because of Mr. Oh’s defection. Reportedly, despite numerous attempts
by Mr. Oh to obtain news of Ms. Shin and their daughters, the authorities of DPRK have
ignored these requests. The source further asserts that there are no adequate or reasonable
legal provisions that justify the detention of Ms. Shin and her two daughters, and that they
are not remaining in DPRK of their own free will.
14.
In 1995, the Working Group was seized of the case relating to Ms. Shin and her two
daughters, but filed the case under paragraph 14 (b) of its former Methods of work
(E/CN.4/1992/20, p. 6). Upon receipt of further information, the Working Group addressed
a communication to the Government of DPRK on 1 March 2012. The Working Group
requested the Government to provide detailed information about the current situation of Ms.
Shin and her daughters, and to provide clarification about the legal provisions justifying
their continued detention.
Response from the Government
15.
The Government responded on 27 April 2012, and provided the following
information:
“Ms Sin Suk Ja (Ms. Shin Sook Ja), the ex-wife of Oh, died of hepatitis that she
suffered since the 1980s. Second, two daughters of Ms. Shin do not regard Oh as
their father since he abandoned his family and drove their mother to her death. They
strongly refuse to deal with Mr. Oh and ask him not to bother them anymore”.
16.
In the response it is added that “the case mentioned in your letter has nothing to do
with arbitrary detention.”
Comments from the source
17.
In its comments of 2 May 2012 the source requests further verification of Shin Sook
Ja’s death and the situation of Oh Hae Won and Oh Kyu Won. According to the source, if
the Government is claiming that Shin Sook Ja is not being arbitrarily detained and has died,
it must provide precise information on the time and place of her death. The source also
states that Shin Sook Ja was never divorced from her husband and therefore is not an “exwife” as mentioned in the Government’s response. The source further requests the Working
Group to consider the detention of Oh Hae Won and Oh Kyu Won as arbitrary and in
violation of international law.
Discussion
18.
As mentioned above, the Working Group had already considered a case relating to
Ms. Shin and her two daughters in 1995. This was filed under paragraph 14 (b) of the
Working Group’s former Methods of work. Since the Working Group did not issue an
opinion in 1995, the procedure for review of an opinion, as per paragraph 21 of the
Working Group’s revised Methods of work, do not apply. The detention in the period since
1995 also constitutes a new and different case under the Working Group’s revised Methods
of work.
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