A/HRC/WGAD/2018/54
(d)
When asylum seekers, immigrants or refugees are subjected to prolonged
administrative custody without the possibility of administrative or judicial review or
remedy (category IV);
(e)
When the deprivation of liberty constitutes a violation of international law on
the grounds of discrimination based on birth, national, ethnic or social origin, language,
religion, economic condition, political or other opinion, gender, sexual orientation,
disability, or any other status, that aims towards or can result in ignoring the equality of
human beings (category V).
Submissions
Communication from the source
4.
Kyeong-Hee Kang, born on 7 June 1964, is a national of the Democratic People’s
Republic of Korea. She resided in the city of Cheong-Jin, in the Democratic People’s
Republic of Korea, and ran a store in Jangmadang.
5.
The source indicates that, on 17 May 2008, Ms. Kang escaped the Democratic
People’s Republic of Korea and arrived in the city of Yanji in China. On 23 August 2008,
Ms. Kang moved to the city of Shenyang. Two days later, on 25 August 2008, Ms. Kang
went to the Shenyang bus station. When Ms. Kang boarded the bus, together with her
teenage son and other defectors, the Chinese security police detained them. They were then
moved to the city of Yanji in China. From there they were repatriated to the Democratic
People’s Republic of Korea.
6.
According to the source, the authorities did not present an arrest warrant. The source
explains that the Chinese police are not required to have a warrant to arrest a defector from
the Democratic People’s Republic of Korea. Allegedly, when the police raid a place that is
believed to be a shelter for defectors from the Democratic People’s Republic of Korea, no
legal process is followed. Having apprehended defectors, the Chinese police authorities
transfer them to the custody of the National Security Agency of the Democratic People’s
Republic of Korea.
7.
The source also indicates that, after her repatriation to the Democratic People’s
Republic of Korea, Ms. Kang was imprisoned in Yodok political prison camp. Her son was
sentenced to 15 years’ imprisonment in Gaecheon re-education camp.
8.
The source states that an officer from the National Security Agency was quoted as
saying that Ms. Kang could not be saved and would never be allowed to leave the prison
camp.
9.
The source adds that 2008 was during the period when the alleged crime of national
treason was treated most severely by the Government of the Democratic People’s Republic
of Korea.
10.
Seung Cheol Kim, 35 years of age at the time of his detention, is a national of the
Democratic People’s Republic of Korea. He resided in Musan County, North Hamkyung
Province, in the Democratic People’s Republic of Korea. Prior to his detention, Mr. Kim
worked at the Musan Station.
11.
The source indicates that Mr. Kim defected from the Democratic People’s Republic
of Korea to the city of Shenyang in China. In July 2001, he was waiting near the border
between China and Mongolia with 12 other defectors from the Democratic People’s
Republic of Korea in order to enter Mongolia. At that moment, he was arrested by the
national police and repatriated to the Democratic People’s Republic of Korea. The source
adds that the National Security Agency of the Democratic People’s Republic of Korea
manages the cases of repatriated defectors.
12.
The source specifies that Mr. Kim was arrested without any warrant being presented,
legal procedure being followed or opportunity being afforded for legal defence. The source
argues that these elements render his detention arbitrary.
13.
The source explains that, if a person defects from the Democratic People’s Republic
of Korea, especially with the goal of reaching the Republic of Korea, he or she is regarded
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