A/HRC/WGAD/2012/4
liberty, without specific charges or due process and gross violations of even the most basic
rights.
26.
The Working Group notes that under certain circumstances, widespread or
systematic imprisonment or other severe deprivation of liberty in violation of the
fundamental rules of international law may constitute crimes against humanity.
Disposition
27.
In the light of the foregoing, the Working Group on Arbitrary Detention renders the
following opinion:
The continued detention of Shin Sook Ja, Oh Hae Won and Oh Kyu Won, being in
contravention of articles 8, 9, 10 and 11 of the Universal Declaration of Human
Rights, and articles 9 and 14 of the International Covenant on Civil and Political
Rights is arbitrary. The detention falls within categories I and III of the categories
applicable to the cases submitted for consideration to the Working Group.
28.
Consequent upon the opinion rendered, the Working Group requests the
Government to take the necessary steps to remedy the situation, which, in its view, include
immediate release from detention and an enforceable right to compensation, in accordance
with article 9, paragraph 5, of the International Covenant on Civil and Political Rights.
[Adopted on 2 May 2012]
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