A/HRC/WGAD/2015/29 21. The Working Group concludes that Mr. Kim has been deprived of liberty in violation of article 18 of the Universal Declaration of Human Rights and article 18 of the International Covenant on Civil and Political Rights. Thus, the deprivation of liberty of Mr. Kim falls within category II of the categories applicable to the consideration of cases submitted to the Working Group. 22. The deprivation of liberty of Mr. Kim also falls within category V of the applicable categories, since his arrest and conviction were attributable to discrimination based on his religion. 23. In violation of the right to a fair trial, Mr. Kim was not provided with legal assistance at the pretrial stage and at trial. In a secret trial, and with no legal assistance, Mr. Kim was convicted to 10 years of imprisonment on charges of anti-State propaganda and agitation, treason against the fatherland and espionage. 24. The Working Group considers that the non-observance of the international norms relating to the right to a fair trial established in article 10 of the Universal Declaration of Human Rights and article 14 of the International Covenant on Civil and Political Rights in the case of Mr. Kim is of such gravity as to give his deprivation of liberty an arbitrary character, falling within category III of the categories applicable to the consideration of cases submitted to the Working Group. 25. Having been convicted in 2001 to 10 years of imprisonment and having served that sentence, Mr. Kim remains in detention without any legal basis justifying the deprivation of his liberty. Thus, his deprivation of liberty falls within category I of the categories applicable to the consideration of cases submitted to the Working Group. Disposition 26. In the light of the foregoing, the Working Group renders the following opinion: The deprivation of liberty of Mr. Kim is arbitrary, being in contravention of articles 10 and 18 of the Universal Declaration of Human Rights and articles 14 and 18 of the International Covenant on Civil and Political Rights, and falls within categories I, II, III and V of the categories applicable to the consideration of the cases submitted to the Working Group. 27. Consequent upon the opinion rendered, the Working Group requests the Government to take the steps necessary to remedy the situation of Mr. Kim and to bring it into conformity with the standards and principles set forth in the Declaration and the Covenant. 28. Taking into account all the circumstances of the case, the Working Group considers that the adequate remedy would be to release Mr. Kim and accord him an enforceable right to compensation in accordance with article 9 (5) of the Covenant. 29. In accordance with paragraph 33 (a) of its methods of work, the Working Group considers it appropriate to refer the allegations of torture and inhuman treatment to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment for appropriate action. [Adopted on 3 September 2015] 4