A/HRC/WGAD/2019/69
deprived of his liberty and placed under house arrest, without any justification provided by
the Government of the Democratic People’s Republic of Korea.
50.
In that regard, the Working Group would like to emphasize that the authorities of the
Democratic People’s Republic of Korea have failed to invoke a legal basis for the arrest and
continuous detention of Mr. Hwang Won since 1969, in violation of article 9 (1) of the
Covenant.
51.
The Working Group received credible information, which was not disputed by the
Government, that Mr. Hwang Won had exercised his right to freedom of thought and
freedom of expression by openly expressing his personal conviction against communist
ideology. The Working Group is convinced that Mr. Hwang Won was taken away by
soldiers for singing a South Korean song, “I want to go [home]”, which clearly expressed
his desire to leave the Democratic People’s Republic of Korea and to return to the Republic
of Korea, along with other individuals. In the opinion of the source, the authorities of the
Democratic People’s Republic of Korea responded to his expression and exercise of the
right to freedom of movement by holding him indefinitely.
52.
The Working Group therefore considers that the continued detention of Mr. Hwang
Won by the authorities of the Democratic People’s Republic of Korea is a result of his
exercise of his rights of freedom of thought and expression. It concludes that being in
contravention of article 19 of the Universal Declaration of Human Rights and article 19 of
the Covenant, the detention of Mr. Hwang Won is arbitrary and falling within category II.
53.
The Working Group is concerned that there has been no information on Mr. Hwang
Won provided by the authorities. In the light of this and in accordance with paragraph 33 (a)
of its methods of work, the Working Group refers the present case to the Special
Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea,
for appropriate action.
Disposition
54.
In the light of the foregoing, the Working Group renders the following opinion:
The deprivation of liberty of Hwang Won, being in contravention of articles 9 and
19 of the Universal Declaration of Human Rights and articles 9 and 19 of the
International Covenant on Civil and Political Rights, is arbitrary and falls within
categories I and II.
55.
The Working Group requests the Government of the Democratic People’s Republic
of Korea to take the steps necessary to remedy the situation of Mr. Hwang Won without
delay and bring it into conformity with the relevant international norms, including those set
out in the Universal Declaration of Human Rights and the International Covenant on Civil
and Political Rights.
56.
The Working Group considers that, taking into account all the circumstances of the
case, the appropriate remedy would be to release Mr. Hwang Won immediately and accord
him an enforceable right to compensation and other reparations, in accordance with
international law.
57.
The Working Group urges the Government to ensure a full and independent
investigation of the circumstances surrounding the arbitrary deprivation of liberty of Mr.
Hwang Won and to take appropriate measures against those responsible for the violation of
his rights.
58.
In accordance with paragraph 33 (a) of its methods of work, the Working Group
refers the present case to the Special Rapporteur on the situation of human rights in the
Democratic People’s Republic of Korea, for appropriate action
59.
The Working Group requests the Government to disseminate the present opinion
through all available means and as widely as possible.
Follow-up procedure
60.
In accordance with paragraph 20 of its methods of work, the Working Group
requests the source and the Government to provide it with information on action taken in
follow-up to the recommendations made in the present opinion, including:
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