A/HRC/WGAD/2013/35
11.
Jeon Young Cheol, now deceased, was the father of Lee Hak Cheol and Lee Gook
Cheol, and brother-in-law to Kim Seong Do and Kim Seong Il. He had defected to the
Republic of Korea. He was a drug and general goods smuggler who also video-documented
daily life in the Democratic People’s Republic of Korea and sold the footage to Japanese
filmmakers. Kim Seong Do often assisted Jeon Young Cheol and was requested on one
occasion to deliver a camera and 5,000 yuan to a relative in Chongjin. Kim Seong Do
thereafter instructed Lee Hak Cheol to make the delivery.
12.
Lee Hak Cheol and Kim Seong Do were arrested by an NSA agent of the Hoiryeong
Paper-mill on charges of espionage and treason, namely for: communicating with a defector
to the Republic of Korea and helping him film in secret; delivering a camera and money;
harbouring smuggled products – specifically, unregistered electronic equipment such as
cameras, cell phones and mini-radios – as well as 90,000 yuan, which were all discovered
by the NSA upon searching Kim Seong Do’s house.
13.
On 28 May 2012, Kim Seong Il and Lee Gook Cheol were arrested by the
Hoiryeong NSA when agents entered their house by force and abducted them. The source
alleges that Kim Seong Il and Lee Gook Cheol are being detained on account of their guilt
by association with Kim Seong Do and Lee Hak Cheol. All four are reportedly being held
in a political prison camp pursuant to Criminal Code articles 61, on propaganda against the
country and demagogy, 62, on treason, and 63, on espionage. Article 61 states:
“Those who spread propaganda against the country are sentenced to no less than five
year-labour re-education camp. If it is serious, they are sentenced to over five yearand less than ten year-labour re-education camp.”
Articles 62 and 63 also indicate that the accused shall be sentenced to five years or over ten
years in a labour re-education camp and to a life sentence. The source observes that the
Code does not refer to political prison camps.
14.
According to the source, the family is being detained to ensure that they do not
reveal the details of the fabricated allegations of the NSA against Jeon Young Cheol
regarding his involvement with a dissident group, Dongkkamo, established to destroy
statues of Kim Il Sung. The source reports that the NSA has banished 90 individuals to
remote areas or detained them in political prison camps for conspiring with Kim Seong Do
to communicate with persons outside the Democratic People’s Republic of Korea, through
producing films and for other suspicious acts.
15.
Kim Mi Rae, born on 2 December 1987, resided together with her husband, son and
younger sister at 1, Mareum-dong, Sunam district, Chongjin. She was 27 years old at the
time of her arrest. Her son, Lee Jee Hoon, was 4 years old at the time of his arrest. In
August 2012, Kim Mi Rae’s mother, who had earlier defected to the Republic of Korea,
requested assistance from a defection broker, Kwon Oh Sook, for the defection of Kim Mi
Rae and her family. On 27 November 2012, Kim Mi Rae, together with her husband, son
and younger sister, defected to China. On 4 December 2012, they were all arrested at the
Express Bus Terminal at Henan Street, in Yanji, Jilin, while attempting to board a bus to
Dalian en route to the Republic of Korea. Kwon Oh Sook had informed the driver
beforehand that eight defectors would be on board and bribed him to ensure that he did not
inform the police. Upon learning that there were four more defectors on the bus, the driver
reportedly alerted the Chinese police, hoping to receive a reward of 600,000 Republic of
Korea won per defector. The source cites a report from the Chinese defection broker
connected to Kwon Oh Sook that the Chinese police border garrison inspected the bus
passengers’ identity documents, exposing twelve defectors from the Democratic People’s
Republic of Korea, including Kim Mi Rae and her family. They were all arrested.
16.
The source reports that Chinese police regularly repatriate defectors pursuant to the
following agreements between the governments of China and the Democratic People’s
4