KOR 002 / 1215 / OBS
108.5
Release /
Arbitrary detention /
Judicial harassment
South Korea
May 25, 2018
The Observatory for the
Protection of Human Rights Defenders, a partnership of FIDH and the World Organisation
Against Torture (OMCT), has received new information and requests your urgent
intervention in the following situation in South Korea.
New
information:

The Observatory has
been informed by reliable sources about the release of Korean Confederation of
Trade Unions[1] (KCTU) former President
Mr. Han Sang-gyun and the ongoing
arbitrary detention and judicial harassment of former KCTU Secretary General
Ms. Lee Young-joo.
According to the
information received, on May 21, 2018, Mr. Han Sang-gyun was released on parole
because he had served 80% of his three-year prison sentence in connection with his
involvement in a November 14, 2015 demonstration (see background information).
Mr. Han Sang-gyun had been arbitrarly detained since his arrest on December 10,
2015.
The Observatory
welcomes Mr. Han Sang-gyun’s release but argues that he should have been
unconditionally released, as his arbitrary detention was only aimed at
punishing for his peaceful and legitimate exercise of his right to freedom of
expression and his right to peaceful assembly[2].
In addition, the
Observatory recalls that Ms. Lee
Young-joo has been arbitrarily detained since December 30, 2017, and is
facing charges of “obstruction of general traffic”, “special destruction of
public goods”, and violation of Articles 11 and 16 of the Act on Demonstration
and Assembly, in connection with her participation in the November 14, 2015
protest. Ms. Lee is currently detained at the Seoul Detention Centre and her
trial is expected to be held on June 11-12, 2018 at the Seoul Central District
Court.
The Observatory
strongly condemns the ongoing arbitrary detention of Ms. Lee Young-joo and
calls for her immediate and unconditional release.
Background
information:
On November 14, 2015,
ahead of the demonstrations organised by KCTU against proposed labour law
reforms in Seoul, the police took pre-emptive measures against the peaceful
demonstration and mobilised about 20,000 officers from 248 squadrons, 19 water
cannons, 679 buses, and 580 capsicum spray devices. Altercations between the
police and demonstrators ensued. The police fired water cannons and tear gas
directly at peaceful marchers. Dozens of civilians and police officers were
injured. The police launched an investigation into the incident, as a result of
which over 1,500 civilians were investigated and 538 KCTU members were summoned
as suspects. Eventually, 20 KCTU members and officials were indicted and 9 of
them were sentenced to jail terms.
Since December 2015, Ms.
Lee had lived in self-imposed house arrest at the KCTU headquarters in Seoul in
order to avoid being arrested by police in connection with her participation in
the November 14, 2015 demonstration. The police had issued an arrest warrant
against her with unlimited validity after that protest.
On December 18, 2017,
Ms. Lee left KCTU’s headquarters and moved to the head office of the ruling
Democratic Party in Yeouido, Seoul, to start a hunger strike.
On December 27, 2017,
she ended her hunger strike because of her deteriorating health. At 7:00 pm on
that day, KCTU staged a rally in front of the Democratic Party’s head office to
welcome her back. About 150 police were deployed in order to execute the arrest
warrant against Ms. Lee.
As Ms. Lee required
urgent medical treatment, an ambulance was called and, as soon as she left the
building carried on a stretcher by paramedics, a police officer read out the
arrest warrant in front of her and arrested her. Ms. Lee was transported to the
Green Hospital in Jung Rang District in Seoul, where police officers were
stationed outside her room.
On December 30, 2017,
the Seoul Central District Court issued a detention warrant against her. The
next day, Ms. Lee was transferred to the Seoul Detention Centre.
On January 23, 2018,
Ms. Lee was charged by the Public Prosecutor with “obstruction of general
traffic”, “special destruction of public goods”, and violation of Articles 11
and 16 of the Act on Demonstration and Assembly, in connection with her
participation in the November 14, 2015 protest.
Actions
requested:
The Observatory urges
the authorities of South Korea to:
i. Guarantee the
physical and psychological integrity of Ms. Lee Young-joo, and all KCTU members
and officers, as well as all peaceful protesters and human rights defenders in
South Korea;
ii. Immediately and
unconditionally release Ms. Lee Young-joo as her detention is arbitrary and
only aims at punishing her for her legitimate human rights activities;
iii. Put an end to all
acts of harassment, including at the judicial level, against Ms. Lee Young-joo
and all trade unionists as well as all human rights defenders in South Korea;
iv. Ensure in all
circumstances that all human rights defenders in South Korea are able to carry
out their legitimate activities, including the organisation of peaceful
assemblies without any hindrance or fear of reprisals;
v. Conform to the
provisions of the Declaration on Human Rights Defenders, adopted on December 9,
1998 by the United Nations General Assembly, in particular its Articles 1, 5(a)
and 12;
vi. Ensure in all
circumstances respect for human rights and fundamental freedoms in accordance
with international human rights standards and international instruments
ratified by South Korea.
Addresses:
· Mr. Moon Jae-in,
President of the Republic of Korea, Fax: +82-2-770-1690
· Mr. Lee Nak-yeon,
Prime Minister of the Republic of Korea, Fax: + 82-2-720-3571
· Mr. Park Sang-ki,
Minister of Justice of the Republic of Korea, Fax: +82-2-2110-0300
· Mrs. Kang Kyung-wha,
Minister of Foreign Affairs of the Republic of Korea, Fax: +82-2-2100-7999
· National Human Rights
Commission of Korea, Fax: +82-2-2125-9718. E-mail: nhrc@humanrights.go.kr
· H.E. Choi Kyoung-lim,
Permanent Mission of the Republic of Korea to the United Nations in Geneva,
Switzerland, Fax: +41 22 748-0001. Email: geneva.korea@mofa.go.kr.
· H.E. Kim Hyoung-zhin,
Ambassador of the Republic of Korea to the Kingdom of Belgium, Fax: + 32 (0)2
675 5221/(0)2 662 2305
Please write to the
authorities of South Korea and the diplomatic representations of South Korea in
your respective countries urging them to take the actions above.
***
Paris-Geneva,
May 25, 2018
Kindly
inform us of any action undertaken, quoting the code of this appeal in your
reply.
The Observatory for the
Protection of Human Rights Defenders (the Observatory) was created in 1997 by
FIDH and OMCT. The objective of this programme is to intervene, to prevent or
remedy situations of repression against human rights defenders. FIDH and OMCT
are both members of ProtectDefenders.eu, the European Union Human Rights
Defenders Mechanism implemented by international civil society.
[1] The Korean Confederation of Trade Unions (KCTU)
is an organisation representing Korean workers and the trade union movement,
committed to advancing workers’ empowerment through economic, social, and political
reform, and the overall democratisation of the country.
[2] In an opinion issued on April 25, 2017, the United Nations (UN) Working
Group on Arbitrary Detention (WGAD) declared Mr. Han’s deprivation of liberty
arbitrary because it resulted from the exercise of his right to freedom of
expression and peaceful assembly.
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