A/HRC/WGAD/2015/32
articles 9 and 10 of the Universal Declaration of Human Rights and articles 9 and 14 of the
Covenant.
22.
The Working Group considers that the non-observance of the international norms
relating to the right to a fair trial in this case is of such gravity as to give the deprivation of
liberty of Ms. Kwon an arbitrary character. Thus, the deprivation of liberty of Ms. Kwon
falls within category III of the categories applicable to the consideration of cases submitted
to the Working Group.
Disposition
23.
In the light of the foregoing, the Working Group renders the following opinion:
The deprivation of liberty of Ms. Kwon is arbitrary, being in contravention of
articles 9 and 10 of the Universal Declaration of Human Rights and articles 9 and 14
of the Covenant; it falls within categories I and III of the categories applicable to the
consideration of the cases submitted to the Working Group.
24.
Consequent upon the opinion rendered, the Working Group requests the
Government to take the steps necessary to remedy the situation of Ms. Kwon and bring it
into conformity with the standards and principles set forth in the Universal Declaration of
Human Rights.
25.
The Working Group believes that, taking into account all the circumstances of the
case, the adequate remedy would be to release of Ms. Kwon and accord her an enforceable
right to compensation in accordance with article 9 (5) of the Covenant.
[Adopted on 3 September 2015]
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