A/HRC/WGAD/2019/57
(e)
When the deprivation of liberty constitutes a violation of international law on
the grounds of discrimination based on birth, national, ethnic or social origin, language,
religion, economic condition, political or other opinion, gender, sexual orientation,
disability, or any other status, that aims towards or can result in ignoring the equality of
human beings (category V).
Submissions
Communication from the source
4.
Lee Hak Su is a 40-year-old national of the Democratic Peopleโs Republic of Korea
who previously resided in Taehongdan County, Ryanggang Province.
5.
The source reports that Mr. Lee was the head of the Foreign Currency Exchange
Department of Kim Il Sung University, within the Social Sciences College. His primary
activity was to import and export goods to China. In this context, he had access to large
amounts of Chinese currency and travelled to China and met with Chinese nationals. The
source states that in the Democratic Peopleโs Republic of Korea, individuals are not
allowed to run businesses; running a business with foreign countries is assumed to be an act
of espionage. As a result, Mr. Lee was under intense scrutiny by the State Security
Department.
6.
According to the information received, Mr. Lee was arrested on 23 January 2009 at
his home by military officials from the Security Bureau. The source alleges that the arrest
was carried out without a judicial warrant being shown, and that Mr. Lee, his family and his
lawyers were not informed of the reasons for his deprivation of liberty. Mr. Lee was
subsequently transferred to the offices of the Security Bureau until September 2009, when
he was sent to Yodok prison camp, where he is believed to remain at present.
7.
According to the source, the charges against Mr. Lee remain unknown, as his trial
was confidential. The source submits that it is likely that Mr. Lee was charged under
several provisions of the Criminal Law, namely: treason against the fatherland (art. 63),
illegal trade of equipment and supplies in foreign currency (art. 107), unfair commercial
activity of institutions or trade and foreign currency earning agency or organization (art.
111) and illegally crossing the border (art. 221).
8.
In addition, the source alleges that military officers from the Security Bureau visited
Mr. Leeโs house in September 2009 and stated that he had been transferred to Yodok prison
camp. According to the source, the officers took Mr. Leeโs personal belongings, including
spoons, chopsticks and dishes for him to use in the prison camp. The military officers came
to Mr. Leeโs house several times after September 2009 and took away the books about
politics that Mr. Lee had received from Kim Il Sung University. The source considers that it
is likely that possession of these books resulted in Mr. Lee being suspected of espionage.
9.
The source states that there is a complete absence of information about Mr. Lee, his
detention, trial and conviction. To date, there has been no official communication from
State officials to Mr. Leeโs family or other representatives. His family has received only
unofficial information that he is detained in Yodok prison camp and that his status is highly
confidential. The source alleges that military officers have not produced evidence
suggesting that Mr. Lee was involved in any form of espionage. The source does not know
if Mr. Lee is still alive.
10.
According to the source, it has not been possible to establish the legal grounds for
Mr. Leeโs detention. The source reports that if anyone takes any action against the
authorities to protect the rights of a political prisoner in the Democratic Peopleโs Republic
of Korea, he or she will also be detained. The source explains that there is no official
avenue to file a complaint on behalf of victims of arbitrary detention. There are no
warrants, trials, appeal processes or other legal procedures for obtaining relief or due
process. If a family member or a friend attempts to search for a detainee using unofficial
means, he or she would immediately be punished, detained and convicted through guilt by
association. While there are lawyers in the Democratic Peopleโs Republic of Korea, their
work is merely formal.
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