A/HRC/WGAD/2019/57
submissions in the light of all the information at its disposal, in accordance with paragraph
16 of its methods of work. Accordingly, the Working Group has taken into account the
findings of relevant United Nations human rights mechanisms in considering the present
case.
18.
In this regard, the Working Group notes that, in his most recent report to the Human
Rights Council, the Special Rapporteur on the situation of human rights in the Democratic
People’s Republic of Korea stated that he continued to receive reports about people who
had been accused of committing crimes against the State being sent to political prison
camps, without any legal or procedural guarantees, in a manner that amounted to enforced
disappearance, with their families not knowing their whereabouts and with little to no
chance of them returning to society. Fear of being sent to a political prison camp was very
real and deeply embedded in the consciousness of ordinary citizens. Although the
Democratic People’s Republic of Korea continued to deny the existence of such camps, the
Government had an obligation under international human rights law to address those
extremely serious allegations (A/HRC/40/66, para. 26).2
19.
In addition, during the most recent universal periodic review of the Democratic
People��s Republic of Korea in May 2019, a series of recommendations were made by States
in relation to the closure of political prison camps, with serious concerns expressed about
the arbitrary deprivation of liberty of people in such camps (A/HRC/42/10, paras. 127.25–
127.26, 127.29, 127.32–127.34 and 127.36–127.41).
20.
Similar findings were made by the commission of inquiry on human rights in the
Democratic People’s Republic of Korea in its report of 2014 (A/HRC/25/63), in which it
noted that persons who were found to have engaged in major political crimes were
“disappeared”, without trial or judicial order, to political prison camps (kwanliso). There,
they were incarcerated and held incommunicado. Their families were not even informed of
their fate if they died (para. 59). The commission of inquiry recommended that the
Democratic People’s Republic of Korea acknowledge the existence of human rights
violations, including the political prison camps; provide international humanitarian
organizations and human rights monitors with immediate access to the camps and their
surviving victims; dismantle all political prison camps and release all political prisoners;
and clarify with full detail the fate of any disappeared persons who could not be readily
traced (para. 89 (b)).
21.
Lastly, the Working Group recalls that there is a wealth of information in its
jurisprudence relating to the allegations made by the source. In recent years, the Working
Group has been presented with similar facts and has concluded that the detention in
question was arbitrary, including in cases involving arrest without a warrant; enforced
disappearance; incommunicado detention; detention based on vague offences that are
general and imprecise; and the complete absence of judicial mechanisms for challenging
the legality of detention or for appealing against potentially indefinite detention in political
prison camps in the Democratic People’s Republic of Korea.3 Having reviewed all of the
above information, the Working Group is of the view that the information provided by the
source is credible.
22.
In the present case, the source alleges that Mr. Lee was arrested on 23 January 2009
without a warrant and without being informed of the reasons for his arrest. The Government
did not address either of these allegations. In the absence of any rebuttal from the
Government, the Working Group is convinced by the information provided by the source.
23.
The Working Group recalls that, according to article 9 (1) of the Covenant, no one
shall be deprived of liberty except on such grounds and in accordance with such procedure
2
3
4
See also A/74/275/Rev.1, paras. 30–37 and 40, on detention and enforced disappearance in political
prison camps, and General Assembly resolution 73/180 on the situation of human rights in the
Democratic People’s Republic of Korea, in which the General Assembly expressed very serious
concern at the existence of an extensive system of political prison camps, and strongly urged the
Government to immediately close them and to release all political prisoners.
See, for example, opinions No. 52/2019, No. 54/2018, No. 81/2017, No. 80/2017, No. 32/2015, No.
29/2015, No. 36/2013, No. 35/2013, No. 34/2013, No. 47/2012 and No. 4/2012.