A/HRC/WGAD/2017/81
of Mi Sook Kang and Ho Seok Kim without delay and bring it into conformity with the
standards and principles set forth in the relevant international norms on detention, including
the Universal Declaration of Human Rights and, in the case of the Democratic People’s
Republic of Korea, the International Covenant on Civil and Political Rights.
36.
The Working Group considers that, taking into account all the circumstances of the
case, the appropriate remedy would be to release Mi Sook Kang and Ho Seok Kim
immediately and accord them an enforceable right to compensation and other reparations,
in accordance with international law.
37.
In accordance with paragraph 33 (a) of its methods of work, the Working Group
refers the situation of Mi Sook Kang and Ho Seok Kim to the Special Rapporteur on the
situation of human rights in the Democratic People’s Republic of Korea for appropriate
action.
Follow-up procedure
38.
In accordance with paragraph 20 of its methods of work, the Working Group
requests the source and the two Governments to provide it with information on action taken
in follow-up to the recommendations made in the present opinion, including:
(a)
what date;
Whether Mi Sook Kang and Ho Seok Kim have been released and, if so, on
(b)
Whether compensation or other reparations have been made to Mi Sook Kang
and Ho Seok Kim;
(c)
Whether an investigation has been conducted into the violation of Mi Sook
Kang and Ho Seok Kim’s rights and, if so, the outcome of the investigation;
(d)
Whether any legislative amendments or changes in practice have been made
to harmonize the laws and practices of the Democratic People’s Republic of Korea and of
China with their international obligations in line with the present opinion;
(e)
Whether any other action has been taken to implement the present opinion.
39.
The Governments are invited to inform the Working Group of any difficulties they
may have encountered in implementing the recommendations made in the present opinion
and whether further technical assistance is required, for example, through a visit of the
Working Group.
40.
The Working Group requests the source and the Governments to provide the above
information within six months of the date of the transmission of the present opinion.
However, the Working Group reserves the right to take its own action in follow-up to the
opinion if new concerns in relation to the case are brought to its attention. Such action
would enable the Working Group to inform the Human Rights Council of progress made in
implementing its recommendations, as well as any failure to take action.
41.
The Working Group recalls that the Human Rights Council has encouraged all
States to cooperate with the Working Group and requested them to take account of its views
and, where necessary, to take appropriate steps to remedy the situation of persons arbitrarily
deprived of their liberty, and to inform the Working Group of the steps they have taken. 5
[Adopted on 22 November 2017]
5
6
See Human Rights Council resolution 33/30, paras. 3 and 7.