A/HRC/WGAD/2018/54
rights that are peremptory and erga omnes norms, such as the prohibition of arbitrary
detention, rest with all bodies and representatives of the State, and with all individuals.
58.
The Working Group would also like to encourage the Government of the
Democratic People’s Republic of Korea to comply with the recommendations of the
Special Rapporteur on the situation of human rights in the Democratic People’s Republic of
Korea, in particular to refrain from using any form of punishment or retaliation against
people who are forcibly repatriated.6 It refers the present case to the Special Rapporteur on
the situation of human rights in the Democratic People’s Republic of Korea for
consideration and possible action.
59.
The Working Group received allegations by the source that, during an investigation
by the National Security Agency of the Democratic People’s Republic of Korea, Ms.
Myun-Ju Lee was subjected to acts of torture and other cruel, inhuman or degrading
treatment or punishment, including sexual abuse, and therefore it refers this case to the
Special Rapporteur on the situation of human rights in the Democratic People’s Republic of
Korea and the Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment for consideration and possible action.
60.
Finally, the Working Group would welcome the opportunity to work constructively
with the Government of the Democratic People’s Republic of Korea to address the Working
Group’s concerns in relation to arbitrary detention in the country by undertaking a country
visit.
Disposition
61.
In the light of the foregoing, the Working Group renders the following opinion:
The deprivation of liberty by the authorities of China of Kyeong-Hee Kang,
Seung Cheol Kim, Keum Nam Lee and Myung-Ju Lee, being in contravention of
articles 9, 10 and 11 of the Universal Declaration of Human Rights, is arbitrary and
falls within categories I, III and V.
The deprivation of liberty by the authorities of the Democratic People’s
Republic of Korea of Kyeong-Hee Kang, Seung Cheol Kim, Keum Nam Lee and
Myung-Ju Lee, being in contravention of articles 9, 10, 11 and 13 of the Universal
Declaration of Human Rights and articles 9, 14 and 18 of the International Covenant
on Civil and Political Rights, is arbitrary and falls within categories I, II and III.
62.
The Working Group requests the Governments of China and the Democratic
People’s Republic of Korea to take the steps necessary to remedy the situation of Ms. Kang,
Mr. Kim, Ms. Keum Nam Lee and Ms. Myung-Ju Lee without delay and bring it into
conformity with the relevant international norms, including those set out in the Universal
Declaration of Human Rights and, in the case of the Democratic People’s Republic of
Korea, the International Covenant on Civil and Political Rights.
63.
The Working Group considers that, taking into account all the circumstances of the
case, the appropriate remedy would be to release Ms. Kang, Mr. Kim, Ms. Keum Nam Lee
and Ms. Myung-Ju Lee immediately and accord them an enforceable right to compensation
and other reparations, in accordance with international law.
64.
The Working Group urges the Governments to ensure a full and independent
investigation of the circumstances surrounding the arbitrary deprivation of liberty of Ms.
Kang, Mr. Kim, Ms. Keum Nam Lee and Ms. Myung-Ju Lee and to take appropriate
measures against those responsible for the violation of their rights.
65.
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 and the Special Rapporteur on torture and other
cruel, inhuman or degrading treatment or punishment, for appropriate action.
6
8
A/72/394, para. 47 (a).