A/HRC/WGAD/2019/57
11.
Furthermore, the source reports that when someone is sent to a prison camp, no
official notification procedure exists. As a result, the unofficial route for seeking
information about a detainee’s location is through an agent of the State Security
Department who will trade basic information about a detainee in return for an expensive
meal and beverage. However, after providing information about a detainee, such agents
often warn the family that if they attempt to find out more, they will be prosecuted. The
source argues that this has rendered it impossible to protect Mr. Lee or to make enquiries
about his detention.
12.
The source notes that the lack of due process when someone is detained in a prison
camp means that there are no terms of imprisonment and no possibility of an appeal, and
detainees are therefore held indefinitely. It is now nearly 11 years since Mr. Lee was
arrested in January 2009, when he was 29 years of age.
Response from the Government
13.
On 21 May 2019, the Working Group transmitted the allegations from the source to
the Government under its regular communication procedure. The Working Group requested
the Government to provide detailed information by 22 July 2019 about the current situation
of Mr. Lee. The Working Group also requested the Government to clarify the legal
provisions justifying his continued detention, and its compatibility with the obligations of
the Democratic People’s Republic of Korea under international human rights law.
Moreover, the Working Group called upon the Government to ensure Mr. Lee’s physical
and mental integrity.
14.
On 7 June 2019, the Government submitted its response. The Government states
that, after having reviewed the communication regarding Mr. Lee, it has concluded that the
case has no relevance to the Democratic People’s Republic of Korea. In addition, the
Government states that, as in previous cases, such communications represent part of a
stereotypical political plot against the Democratic People’s Republic of Korea by hostile
forces, which resort to “human rights” rhetoric against the country. Therefore, the
Government once again categorically rejects 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. The response from the Government was
transmitted to the source for further comment.
Discussion
15.
The Working Group thanks the source and the Government for their submissions.
16.
In determining whether the deprivation of liberty of Mr. Lee is arbitrary, the
Working Group has regard to the principles established in its jurisprudence to deal with
evidentiary issues. If the source has presented a prima facie case of breach of the
international requirements constituting arbitrary detention, the burden of proof should be
understood to rest upon the Government if it wishes to refute the allegations
(A/HRC/19/57, para. 68). In the present case, the Government has chosen not to present
any arguments directly addressing the source’s allegations.
17.
The Working Group regrets the repeated unwillingness of the Government to engage
constructively with it and to provide a substantive response to the Working Group’s
communications under its regular procedure.1 The Working Group makes every attempt to
seek information from governments in relation to each individual case. However, when
governments do not respond or limit their response to a summary dismissal of the
allegations raised, the Working Group has no choice but to examine the source’s
1
See, for example, opinions No. 52/2019, para. 16; No. 54/2018, para. 37; No. 80/2017, para. 30; No.
29/2015, para. 19; No. 36/2013, para. 20; No. 35/2013, para. 21; No. 34/2013, para. 19; and No.
47/2012, para. 10.
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