A/HRC/WGAD/2012/47 20. The prohibition of arbitrary detention in articles 9 of the UDHR and of the ICCPR extends to all forms of detention, with the right to an effective remedy in article 8 of the UDHR and due process rights in article 10 of the UDHR and article 14 of the ICCPR. The Working Group holds that the detention of Ms. Kang Mi-ho, Mr. Kim Jeong-nam and Mr. Shin Kyung-seop is arbitrary and in violation of articles 9 of the UDHR and the ICCPR as well as of article 10 of the UDHR and article 14 of the ICCPR. Their detention thus falls within categories I and III of the categories applicable to the cases submitted to the Working Group. 21. As the detention of Ms. Kang Mi-ho, Mr. Kim Jeong-nam and Mr. Shin Kyung-seop constitutes a breach of international human rights obligations, the principal remedy is their immediate release. They also have an enforceable right to compensation under article 9, paragraph 5, of the ICCPR, which is an expression of general principles. The reasons that may be given for the detention of Ms. Kang Mi-ho, Mr. Kim Jeong-nam and Mr. Shin Kyung-seop cannot be used against a claim for compensation. 22. The Working Group reminds the Democratic People’s Republic of Korea of its duties to comply with international human rights obligations, not to detain arbitrarily, to release persons who are arbitrarily detained, and to provide compensation to them. The Working Group has recalled above that under certain circumstances, widespread or systematic imprisonment or other severe deprivation of liberty in violation of fundamental rules of international law, may constitute crimes against humanity. The duties to comply with international human rights that are peremptory and erga omnes norms such as the prohibition of arbitrary detention lie not only with the Government but with all officials, including judges, police and security officers, and prison officers with relevant responsibilities. No person should contribute to human rights violations. Disposition 23. The Working Group on Arbitrary Detention renders the following opinion: The detention of Ms. Kang Mi-ho, Mr. Kim Jeong-nam and Mr. Shin Kyung-seop is arbitrary and in violation of articles 9 of the UDHR and of the ICCPR and article 10 of the UDHR and article 14 of the ICCPR. Their detention thus falls within categories I and III of the categories applicable to the cases submitted to the Working Group. 24. The Working Group requests the Government to take the necessary steps to remedy the situation, which are the immediate release of, and an enforceable right to compensation in accordance with article 9, paragraph 5, of the ICCPR for, Ms. Kang Mi-ho, Mr. Kim Jeong-nam and Mr. Shin Kyung-seop. 25. In accordance with article 33 (a) of its revised methods of work, the Working Group considers it appropriate to refer the allegations of torture to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment for appropriate action. [Adopted on 15 November 2012] 5