A/HRC/WGAD/2013/36
Disposition
37.
In the light of the preceding, the Working Group on Arbitrary Detention renders the
following Opinion:
The detention of Choi Sang Soo, Choi Seong II, Kim Hyeon Sun, Kim Gyeong II
and Park Sung Ok is arbitrary and in violation of articles 8, 9, 10, 11, 13, 14, 18, 19
and 20 of the Universal Declaration of Human Rights and articles 8, 9, 12 and 14,
18, 19 of the International Covenant on Civil and Political Rights and falls within
categories I, II and III of the arbitrary detention categories referred to by the
Working Group when considering the cases submitted to it.
38.
Consequent upon the Opinion rendered, the Working Group requests the
Government to take the necessary steps to remedy the situation, which, in its view, include
immediate release of the petitioners from detention and an enforceable right to
compensation, in accordance with article 9, paragraph 5, of the International Covenant on
Civil and Political Rights. It recommends that the Government harmonize its legislation
with the International Covenant on Civil and Political Rights. Finally, the Working Group
invites the Government to cooperate better with its procedures in the future, pursuant to the
relevant resolutions of the Human Rights Council.
[Adopted on 13 November 2013]
7