E/CN.4/1997/4/Add.1
page 11
DECISION No. 37/1995 (DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA)
Communication addressed to the Government of the Democratic
People's Republic of Korea on 7 February 1995.
Concerning: Kang Jung Sok and Ko Sang Mun, on the one hand and
the Democratic People's Republic of Korea, on the other.
1.
It may be recalled with regard to the above-mentioned communication,
to which the Government had replied, that the Working Group, by its
decision No. 29/1995 decided to keep the cases of the aforementioned persons
pending while awaiting further information. That decision was motivated by
the fact that the Working Group had before it two contradictory versions:
That of the source, according to which Kang Jung Sok and Ko Sang Mun had been
detained in 1990 at the Sungho Detention Centre, and that of the Government,
according to which these two persons were not currently detained. The
Government, which indicated the present address of one of the two persons
concerned, Kang Jung Sok, did not indicate whether or not they had been
detained in the past.
2.
The Government of the Democratic People's Republic of Korea provided the
Working Group with further information on 6 November 1995, stating that the
two persons concerned had never been detained and also indicating the present
address of the second person, Ko Sang Mun. The source, for its part, did not
react.
3.
In the light of the further information provided
the Working Group believes that it is in a position to
facts and circumstances of the cases, especially since
described by the Government has not been challenged or
by the Government,
take a decision on the
the version of facts as
refuted by the source.
4.
In the light of the above the Working Group, noting the fact that,
in the present state of the information available to it, the two persons
concerned had never been detained, decides to file their cases.
Adopted on 24 November 1995.