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

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