A/HRC/WGAD/2015/32 11. Ms. Kwon has been detained since 2004 without trial. Her family has never been informed of the reasons for her continued incommunicado detention. 12. The source submits that the detention of Ms. Kwon is arbitrary and falls under categories I, II and III of the Working Group’s defined categories of arbitrary detention. 13. The source is of the view that the continued detention of Ms. Kwon could fall under category I given that there is no legal basis to justify her deprivation of liberty. The source further argues that Ms. Kwon has been detained merely because she left the Democratic People’s Republic of Korea and tried to flee to the Republic of Korea, which is in violation of her right to freedom of movement, as guaranteed under article 13 of the Universal Declaration of Human Rights and article 12 of the International Covenant on Civil and Political Rights. 14. The source argues that Ms. Kwon has not been guaranteed the international norms of due process and guarantees to a fair trial, in violation of articles 9 and 10 of the Universal Declaration of Human Rights and articles 9 and 14 of the Covenant. As mentioned above, Ms. Kwon has been detained without trial. Response from the Government 15. The Government has not responded to the allegations transmitted by the Working Group on 27 March 2015. Discussion1 16. Despite the absence of any information from the Government, the Working Group considers it is in the position to render its opinion on the detentions of Ms. Kwon in conformity with paragraph 16 of its methods of work. 17. The Government choose not to challenge the prima facie reliable information of the violations of Ms. Kwon’s rights provided by the source. 18. According to the information received by the Working Group, Ms. Kwon fled to China in 1998 and resided there until 2004. Due to the fear of being deported and repatriated back to the Democratic People’s Republic of Korea, in 2004, Ms. Kwon decided to flee from China to the Republic of Korea. However, on 31 March 2004, she was arrested by the Chinese Police and repatriated to the Democratic People’s Republic of Korea. 19. In May 2004, Ms. Kwon was transferred first to Hoeryong City Security Council and then, in August, to the North Hamgyong Provincial Security Agency in Chongjin. Since then, Ms. Kwon’s family has received no information from the relevant authorities in the Democratic People’s Republic of Korea concerning her whereabouts. 20. Ms. Kwon has been detained incommunicado as a political prisoner by the Democratic People’s Republic of Korea authorities since 2004 without any legal basis justifying her deprivation of liberty. Thus, the deprivation of liberty of Ms. Kwon falls within category I of the categories applicable to the consideration of cases submitted to the Working Group. 21. Furthermore, Ms. Kwon has been deprived of liberty without trial, with no access to a lawyer and no possibility to challenge the lawfulness of the detention, in violation of 1 In accordance with paragraph 5 of the methods of work, in order to avoid a perceived or real conflict of interest with respect to the State concerned, a member of the Working Group (Seong-Phil Hong) was not present during discussions and deliberations in this case. 3