A/HRC/WGAD/2017/80 (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 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. The source specifies that, when carrying out an arrest, the authorities of the Democratic People’s Republic of Korea do not usually show the individual concerned an arrest warrant or inform him or her of the applicable legislation at the time of arrest. The source also submits that there is no official mechanism for filing complaints with the Government of the Democratic People’s Republic of Korea on behalf of victims of arbitrary detention, as there are no warrants, trials, appeal procedures or legal remedies. Furthermore, if a family member or a friend of a detainee attempts to search for or rescue the detainee using unofficial means, he or she will be convicted of guilt by association. The source argues that this renders it impossible for family members or friends of detainees to employ even unofficial means to search for or assist them. 5. Il Joo is the first alleged victim of arbitrary detention. He was 50 years of age at the time of his detention, is a national of the Democratic People’s Republic of Korea and usually resides in South Hamgyong Province. Prior to his detention, Il Joo was a violinist with the choir of the Ministry of the People’s Armed Forces of the Democratic People’s Republic of Korea. 6. It is reported that Il Joo was arrested in May 2001 in Sambong District, Onsong County (a region located on the border with China), by officials of the national security agency of the Democratic People’s Republic of Korea, who did not show an arrest warrant or a copy of any other decision issued by a public authority. 7. In this case, the applicable legislation can be assumed to be article 63 (Espionage) of the Criminal Law of the Democratic People’s Republic of Korea, which stipulates that a non-citizen of the Republic who detects, collects or transmits secret information with the intention of conducting espionage against the Democratic People’s Republic of Korea is to be sentenced to 5 to 10 years’ reform through labour. In cases where the person concerned commits a grave offence, he or she is to be sentenced to 10 or more years’ reform through labour. 8. The source reports that Il Joo regularly contacted his sister, who sought asylum in the Republic of Korea and became a citizen of that country. Il Joo has also regularly received money from her. The source adds that contact with citizens of the Republic of Korea is illegal under the Criminal Law. 9. The source also notes that seeking asylum in the Republic of Korea is considered by the authorities of the Democratic People’s Republic of Korea to be a criminal act involving betrayal of the “fatherland”. Il Joo was therefore considered to be a relative of a criminal. 10. The source reports that, in May 2001, the detainee went to Sambong District, Onsong County, in order to receive money sent by his sister through a broker. However, he was arrested by national security agency officials. 11. The source submits that the authorities did not provide Il Joo with an opportunity to obtain legal defence, nor did they inform his family of his whereabouts following his arrest. 12. Cheol Yong Kim, the second alleged victim, was 38 years of age at the time of his detention, is a national of the Democratic People’s Republic of Korea and usually resides in Ryanggang Province. Prior to his detention, Cheol Yong Kim was an interpreter working for the Foreign Trade Department of Ryanggang Province. 2