A/HRC/WGAD/2019/52
13.
The source alleges that no domestic remedies have been pursued on behalf of Ms.
Kang, as raising complaints or taking actions to challenge detention carried out by the
authorities is considered anti-government activity and is therefore punishable.
Response from the Government
14.
On 17 May 2019, the Working Group transmitted the allegations from the source to
the Government under its regular communications procedure. The Working Group
requested the Government to provide, by 16 July 2019, detailed information about the
current situation of Ms. Kang and to clarify the legal provisions justifying her continued
detention, as well as its compatibility with the obligations of the Democratic People’s
Republic of Korea under international human rights law and, in particular, with regard to
the treaties ratified by the State. Moreover, the Working Group called upon the Government
to ensure her physical and mental integrity.
15.
On 7 June 2019, the Government submitted its response, which was transmitted to
the source for further comments on the same date.
16.
In its reply, the Government stated that, after having reviewed the communication
regarding Ms. Kang, it had concluded that the case had no relevance for the Democratic
People’s Republic of Korea. The Government argued that, as in previous cases, such
communications represented part of a stereotypical political plot against the Democratic
People’s Republic of Korea by hostile forces, which resorted to “human rights” rhetoric
against the country. Therefore, the Government, once again, categorically rejected the
present case as part of a plot against the country for political purposes, under the guise of
upholding human rights. The Government recommended that the Working Group see
through the ulterior motive behind such communications and take a fair and critical attitude
towards the ill-minded attempts by hostile forces to recklessly link any issues with the
Democratic People’s Republic of Korea on the basis of false information and conjecture.
Discussion
17.
The Working Group thanks the source and the Government for their submissions
and appreciates the cooperation and engagement of both parties in this matter, as brief as it
may have been.
18.
The Working Group regrets the repeated unwillingness of the Government of the
Democratic People’s Republic of Korea to engage with it constructively over the
allegations raised. 1 The Working Group reiterates that it always seeks the constructive
engagement of Governments during its regular communications procedure. However, in
those instances in which the Governments chose not to engage with the Working Group or
limit such engagement to summary dismissal of the allegations raised, the Working Group
has no choice but to examine the allegations in the light of all the information at its
disposal, including the information from other United Nations bodies, especially other
special procedures and treaty bodies, as well as the relevant regional organizations.
19.
In the present case, the Working Group notes the 2018 and 2019 reports of the
Special Rapporteur on the situation of human rights in the Democratic People’s Republic of
Korea (see A/73/386 and A/HRC/40/66). In the latter report, the Special Rapporteur noted
that, although information regarding the current and recent situation of the system of
political prison camps was very limited, he continued to receive reports about people who
had been accused of committing crimes against the State being sent to such camps, without
any legal or procedural guarantees, in a manner that amounted to enforced disappearance,
with their families not knowing their whereabouts and with little to no chance of them
returning to society (A/HRC/40/66, para. 26).
20.
This appears to mirror the allegations that the Working Group has received in
relation to the situation of Ms. Kang. Therefore, the Working Group accepts these
allegations as credible, especially noting that the Government chose not to address them.
1
See opinions No. 54/2018 and No. 54/2017.
3