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

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