A/HRC/WGAD/2015/29
(e)
When the deprivation of liberty constitutes a violation of international law on
the grounds of discrimination based on birth, national, ethnic or social origin, language,
religion, economic condition, political or other opinion, gender, sexual orientation,
disability, or any other status, that aims towards or can result in ignoring the equality of
human rights (category V).
Submissions
Communication from the source
4.
Mr. Kim, born in 1979, is a national of the Democratic People’s Republic of Korea.
5.
In 1997, Mr. Kim went to China, where he met a Christian missionary and became
interested in Christianity. He was involved in the work of promoting Christianity in the
Democratic People’s Republic of Korea and bringing religious texts to the country.
6.
In 2001, Mr. Kim finished his training on Christianity and went back to his hometown
in the Democratic People’s Republic of Korea. After his return, a person associated with Mr.
Kim reported on his religious interest to the National Security Agency. The source indicates
that in the Democratic People’s Republic of Korea, citizens are rewarded for reporting on
fellow citizens suspected of committing political crimes. The source further reports that the
spread of Christianity is considered by the State as a serious threat as it may challenge the
established ideology of the country.
7.
In March 2001, Mr. Kim was arrested without a warrant by personnel from the
National Security Agency. The source reports that personnel from the Agency pressured
Mr. Kim to confess and that his confession was allegedly falsified.
8.
Consequently, Mr. Kim was falsely accused of having been trained by the intelligence
agency of the Republic of Korea. He was reportedly tried in secret and denied access to a
lawyer. Mr. Kim was alleged to have violated articles 61 (anti-State propaganda and
agitation), 62 (treason against the fatherland) and 63 (espionage) of the Criminal Code. He
was sentenced to 10 years of imprisonment. However, Mr. Kim was never informed about his
date of release. According to the source, in the Democratic People’s Republic of Korea,
political prisoners are rarely released even after they have finished serving their sentence.
9.
Since 2002, Mr. Kim has been detained in the Soosung re-education camp in
Chongjin. He has been held incommunicado and has never been allowed to receive any
family visits.
10.
The source reports that in the Democratic People’s Republic of Korea, no official
notification is provided to the family when a person is sent to a political prison camp.
Families of detained individuals often bribe personnel of the National Security Agency to
disclose information on the whereabouts of persons detained in such camps. The source also
reports that there are no legal procedures in the country to challenge the legality or
arbitrariness of any detention. It is reported that anyone who attempts to establish the
whereabouts of detained persons or challenge the legality of detention through unofficial
channels will be convicted and punished on the basis of the principle of guilt by association.
11.
The source submits that the detention of Mr. Kim is arbitrary and falls under
categories I, II, III and V of the Working Group’s defined categories of arbitrary detention.
12.
The source is of the view that the arrest and detention of Mr. Kim result from his
exercise of the right to freedom of religion, guaranteed in article 18 of the Universal
Declaration of Human Rights and article 18 of the International Covenant on Civil and
Political Rights.
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