A/HRC/WGAD/2013/36
Hoiryeong National Security Agency for six months and later in the North Hamkyung
Provincial National Security Agency for three months, for purposes of interrogation. In
September 2011, Kim Hyeon Sun and Kim Gyeong Il were transferred to Camp No. 25.
9.
Kim Yong Sik speculates that the National Security Agency may have become
aware of the defection plan of his wife and son through wire-tapping their telephone and
thereafter employing the defection broker, Kim Eung Guk, in the plan to arrest them. The
source cites conflicting reports as to whether Kim Gyeong Il is deceased.
10.
Park Sung Ok, female, born 21 September 1989, ordinarily residing at 18-ban,
Kangan, was a student at Kangan Senior Middle School. She was 19 years old at the time
of her arrest. In January 2005, she defected from the Democratic People’s Republic of
Korea to Yanji, China, and was joined by her mother in May 2005. They worked together
in restaurants.
11.
On 9 July 2007, Park Sung Ok was part of a group of seven individuals who used
the services of a defection broker to travel to Nei Mongol Autonomous Region with the
objective of entering Mongolia to seek asylum at the embassy of the Republic of Korea
there. On 11 July 2007, Park Sung Ok was arrested by the border garrison of the Chinese
police at Erenhot, Xilin Gol. She was temporarily imprisoned in Tumen frontier detention
house in China before being repatriated to the Democratic People’s Republic of Korea.
12.
In November 2007, Park Sung Ok was transferred to Onsung National Security
Agency, North Hamkyung Province, where she was placed under investigation for a month.
In December 2007, she was transferred to Hoiryeong National Security Agency. On 15 July
2008, Park Sung Ok was transferred to the National Security Agency of North Hamkyung
Province and later that year was reportedly sentenced to three years’ imprisonment in Camp
No. 25.
13.
The source does not know whether a warrant was presented for the arrest of the
petitioners and whether the petitioners are aware of the reasons for their detention. It reports
that family members, despite their efforts, have not been provided with any official
communication from the National Security Agency or any other body justifying the legal
basis on which the petitioners are being detained. Furthermore, the source reports that
family members have been discouraged from seeking information about the well-being and
whereabouts of the petitioners. The source submits that their detention is arbitrary pursuant
to category I of the legal categories applied by the Working Group.
14.
The source conjectures that the petitioners are being detained according to article
62(3) of the Criminal Law of the Democratic People’s Republic of Korea which states: “A
citizen of the Republic who commits treason against the Fatherland by defection, surrender,
betrayal or disclosure of secrets shall be punished by reform through labour for more than 5
years. In cases where the person commits a grave offence, he or she shall be punished by
reform through labour for more than 5 years and less than 10 years.”
15.
The source notes that, contrary to the provisions of the law, the petitioners are being
detained in a political prison camp, not a labour re-education camp. It understands this to be
the customary procedure for defectors to the Republic of Korea, as they are considered to
have directly assaulted the authority of the leadership, thereby committing an act of treason
against the State. Furthermore, the source argues that the petitioners have received
especially harsh treatment in detention due to the fact they have family members residing in
the Republic of Korea.
16.
The source adds that the petitioners may also be detained for violating the “Party’s
Ten Principles for the Establishment of the One-Ideology System”, and in particular the
following:
3