A/HRC/WGAD/2017/80
relating to evidentiary issues,1 it is for the Government to provide the necessary proof in
that regard.
33.
The allegations in this case can be summarized as follows: arrests without warrants;
incommunicado detention; detention based on political considerations, including contact
with materials produced abroad or foreign nationals, or on vague offences that are general
and imprecise; and the complete absence of judicial mechanisms for challenging the
legality of detention or for appealing against potentially indefinite detention at a political
prison camp. Although the cases are materially different, the Working Group notes that the
five petitioners are being held in the same camp for similar offences.
34.
There is a wealth of information concerning the allegations made by the source.
First, the Working Group recalls its opinion No. 35/2013,2 in which it was presented with
similar facts and concluded that the detention in question was arbitrary. The Working
Group also recalls the 2014 report of the commission of inquiry on human rights in the
Democratic People’s Republic of Korea, 3 which pointed to the continued existence of
political prison camps where a considerable number of nationals of the Democratic
People’s Republic of Korea suspected of committing major political crimes were held in
dire circumstances.
35.
Finally, it is worth recalling the concerns of the Special Rapporteur on the situation
of human rights in the Democratic People’s Republic of Korea in relation to the widespread
practices of arbitrary detention and enforced disappearances. 4 For all those reasons, the
Working Group is of the view that the information from the source has been corroborated
and the credibility of the source has been established.
36.
The source has alleged that the five individuals concerned have been subjected to
arbitrary detention.
37.
Il Joo appears to have been detained for having received financial support from his
sister, who is a citizen of the Republic of Korea. This situation constitutes detention as a
result of the enjoyment of the right to family life, outlined in article 12 of the Universal
Declaration of Human Rights and article 17 of the International Covenant on Civil and
Political Rights. In addition, he is being held because of his status as the sibling of an
alleged criminal, his sister, despite the longstanding and widely accepted legal principle
that one cannot be charged or convicted for a crime committed by another person.
38.
Cheol Yong Kim is being detained for having allegedly read materials prohibited by
the Democratic People’s Republic of Korea and for having potentially interacted with a
national of the Republic of Korea. Both those acts are protected by the freedoms of opinion
and expression, as provided for in article 19 of the Universal Declaration of Human Rights
and article 19 of the Covenant, and cannot lawfully be criminalized.
39.
Eun Ho Kim is being held at Yodok Political Prison Camp simply for having
expressed a disparaging opinion regarding the food rationing system established by his
Government. Again, this conduct constitutes the clear and reasonable exercise of the
freedoms of opinion and expression and cannot be criminalized without violating the
international norms protecting those freedoms.
40.
Similarly, Kwang Ho Kim is being detained for having watched a television
programme produced in the Republic of Korea. This act constitutes enjoyment of the
freedom to access information and its criminalization in this case violates the legal norm
protecting that freedom.
41.
Seong Min Yoon is being detained for having revealed that he worked for the
Government in the arms-export sector. Such a statement does not contain any information
that could be objectively considered as sensitive for reasons of national security.
Furthermore, the Working Group has not received any evidence that such a statement
1
2
3
4
See, for example, A/HRC/19/57, para. 68.
See para. 38.
See A/HRC/25/63, paras. 59–61.
See A/70/362, paras. 8–18.
5