A/HRC/WGAD/2019/52
29.
The Working Group considers that, taking into account all the circumstances of the
case, the appropriate remedy would be to release Ms. Kang immediately and accord her an
enforceable right to compensation and other reparations, in accordance with international
law.
30.
The Working Group urges the Government to ensure a full and independent
investigation of the circumstances surrounding the arbitrary deprivation of liberty of Ms.
Kang and to take appropriate measures against those responsible for the violation of her
rights.
31.
In accordance with paragraph 33 (a) of its methods of work, the Working Group
refers the present case to the Working Group on Enforced or Involuntary Disappearances
and the Special Rapporteur on the situation of human rights in the Democratic People’s
Republic of Korea, for appropriate action.
32.
The Working Group requests the Government to disseminate the present opinion
through all available means and as widely as possible.
Follow-up procedure
33.
In accordance with paragraph 20 of its methods of work, the Working Group
requests the source and the Government to provide it with information on action taken in
follow-up to the recommendations made in the present opinion, including:
(a)
Whether Ms. Kang has been released and, if so, on what date;
(b)
Whether compensation or other reparations have been made to Ms. Kang;
(c)
Whether an investigation has been conducted into the violation of Ms.
Kang’s rights and, if so, the outcome of the investigation;
(d)
Whether any legislative amendments or changes in practice have been made
to harmonize the laws and practices of the Democratic People’s Republic of Korea with its
international obligations in line with the present opinion;
(e)
Whether any other action has been taken to implement the present opinion.
34.
The Government is invited to inform the Working Group of any difficulties it may
have encountered in implementing the recommendations made in the present opinion and
whether further technical assistance is required, for example through a visit by the Working
Group.
35.
The Working Group requests the source and the Government to provide the abovementioned information within six months of the date of transmission of the present opinion.
However, the Working Group reserves the right to take its own action in follow-up to the
opinion if new concerns in relation to the case are brought to its attention. Such action
would enable the Working Group to inform the Human Rights Council of progress made in
implementing its recommendations, as well as any failure to take action.
36.
The Working Group recalls that the Human Rights Council has encouraged all
States to cooperate with the Working Group and has requested them to take account of its
views and, where necessary, to take appropriate steps to remedy the situation of persons
arbitrarily deprived of their liberty, and to inform the Working Group of the steps they have
taken.5
[Adopted on 16 August 2019]
5
See Human Rights Council resolution 33/30, paras. 3 and 7.
5