Amesty for Du-Yul Song

AHRC-UPDATE: Scholar Song Du-yul indicted for violating the NSL (27.11.03) 
 
UPDATE (Republic of Korea): Scholar Song Du-yul indicted for violating the National 
Security Law

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT 
APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal 27 November 2003

[RE: UA-67-2003: Arrest of scholar Song Du-yul under the National Security Law]

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UP-48-2003: REPUBLIC OF KOREA: Scholar Song Du-yul indicted for violating the 
National Security Law

REPUBLIC OF KOREA: National Security Law; Freedom of expression, opinion
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Dear friends

The Asian Human Rights Commission (AHRC) has received information that Korean-
German scholar Song Du-yul, 59, was indicted by the prosecution for violating the National Security Law on 19 November 2003. Mr. Song has received intensive 
investigations about his alleged pro-North Korea activities by the prosecution of the Republic of Korea for two months since he returned to Korea this September after 37 years of exile in Germany.

AHRC is concerned that the indictment of Mr. Song violates his freedom of opinion and expression, which is ensured by the International Covenant on Civil and Political Rights (ICCPR), to which South Korea is a party. Your urgent action is required to demand the government of the Republic of Korea to release him immediately.

To see our previous urgent appeal regarding this case, please visit:
[UA-67-2003: http://www.ahrchk.net/ua/mainfile.php/2003/556/]

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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UPDATED INFORMATION:

On 19 November 2003, the prosecution of the Republic of Korea indicted Korean-German scholar Song Du-yul for violating its National Security Law, after one month intensive investigations under detention.

After returning to Seoul in late September for the first time in 37 years, Song has been intensively questioned about his alleged pro-North Korean activities while staying in Europe, such as his membership in the Politburo of the North's Workers' Party.

Mr. Song is accused of acting as a non-standing Politburo member of the North's ruling Workers' Party, which he has consistently denied, spreading North Korean ideology abroad and visiting the communist state on more than 20 occasions since 1973 on orders from Pyongyang. "Song denies the charges against him but we decided to go forward with the indictment as we believe he acted as a Politburo member of the North's Workers' Party," a prosecutor said. Prosecutors said they decided to indict him as he showed few signs of regret over his past actions. However, this reason of indicting Mr. Song clearly illustrated that the prosecution was attempting to force him to convert his ideology. Republic of Korea prosecutors have continuously demanded Mr. Song make a formal pledge of conversion, and submit a letter to this effect as a condition for suspending indictment, which Mr. Song has refused to do.

The prosecution has also charged Mr. Song with attempted fraud for having lodged a compensation suit in 1998 against defector Hwang Jang-yop, who was a former Workers' Party secretary. Mr. Song lodged this suit as redress for Hwang Jang-yop alleging him to be a candidate member of the Politburo under the alias Kim Chul-su, in the book he wrote after defecting to government of Republic of Korea. However, a Seoul court ruled in 2001 that there was no evidence proving Mr. Song was Kim Chul-su, the Politburo member.

Mr. Song's defense team condemned the prosecution's move, saying that the indictment was based on the nation's outdated and draconian security laws and that they will request bail. They said that the prosecution could not find new evidence and prove his role as a spy for North Korea, or his alleged connections with North Korea, during an intensive investigation. They also said that they will take legal action against the prosecution about its violation of Mr. Song's rights by bounding him with rope and handcuffing him while questioning him. In addition, he was not allowed to receive appropriate medical treatment in detention center when he complained of hypertension.

More seriously, after Song was detained last month, the prosecution banned his 
lawyers from accompanying him during questioning, drawing criticism from lawyers and scholars. On 11 November 2003, the Supreme Court dismissed a suit from the prosecution seeking nullification of a lower court ruling that ordered prosecutors to allow lawyers to accompany Mr. Song during questioning. The decision upheld a ruling by the Seoul District Court on 31 October that directed the prosecution to withdraw its decision to restrict Song's lawyers access to the accused citing it as illegal.

In the meantime, hundreds of German activists and scholars are launching a campaign for his release. The Seoul-based Catholic Human Rights Committee, which is leading a movement on behalf of Song, said on 16 November more than 600 figures in Germany and other European nations are calling on President Roh Moo-hyun to release the dissident scholar. They said that the indictment of Song Du-yul by the prosecution did not take into account his considerable contributions to bringing reconciliation between South and North Korea.

To urge for Song's release, professors from Muenster University and other sociology and philosophy scholars in Germany recently sent a letter to Roh. In the letter, they said that "punishing him in the name of the National Security Law, which has received much criticism overseas, means that Korean society is not moving forward, but retreating to the past." Amnesty International has sent a petition to Justice Minister Kang Kum-sil on the matter.

AHRC is concerned that the indictment of Mr. Song violates his freedom of opinion and expression, which is ensured by the International Covenant on Civil and Political Rights (ICCPR), to which South Korea is a party. Therefore, Song Du-yul should be released immediately.

SUGGESTED ACTION:
Send a letter, fax or email to the addresses below to express your concern of this case.

1. Mr. Roh Moo-hyun 
President
1 Sejong-no, Jongno-gu 
Seoul 110-820, 
REPUBLIC OF KOREA 
Tel: +822 770-0018
Fax: +822 770-0347 or 770-0001 / +822 770-2579 (for appeal)
E-mail: president@cwd.go.kr

2. Ms. Kang Kum-sil
Minister of Justice 
1 Jungang-dong, Kwachon-si, 
Kyonggi Province, 427-760, 
REPUBLIC OF KOREA 
Fax: +822 504-3337 / +822 503 7046 (HR Department)
E-mail: jk.kim@moj.go.kr

3. Chang-kook Kim
President
National Human Rights Commission of Korea
16 Euljiro 1-ga, Jung-gu
Seoul
Korea, 100-842 
Tel: +82 2 2125 9700 
Fax: +82 2 2125 9811 / 9666
E-mail: nhrc@humanrights.go.kr

4. Mr. Ambeyi Ligabo
Special Rapporteur on the promotion and protection of the right to freedom of opinion 
and expression
c/o Office of the High Commissioner for Human Rights
United Nations Office at Geneva
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9003 
E-mail: urgent-action@ohchr.org

Sample letter:

Dear

Re: Scholar Song Du-yul indicted for violating the National Security Law in the Republic 
of Korea

I am writing to bring to your urgent attention the indictment of Korean-German scholar Song Du-yul.

According to the information I have received, the prosecution of the Republic of Korea indicted Song Du-yul for violating the National Security Law on 19 November 2003, after one month of intensive investigations under detention. In addition, Mr. Song has been tied and handcuffed, while having restricted access to his lawyers during the investigations.

The prosecution's decision to indict Mr. Song because he showed few signs of regret over his past actions clearly illustrated that they are attempting to force him to convert his ideology. Republic of Korea prosecutors have continuously demanded Mr. Song make a formal pledge of conversion, and submit a letter to this effect as a condition for suspending indictment, which Mr. Song has refused to do.

The indictment of Mr. Song violates his freedom of opinion and expression,which is ensured by the International Covenant on Civil and Political Rights (ICCPR), to which South Korea is a party.

Therefore, I urge the government of the Republic of Korea to release Mr. Song Du-yul immediately. I further urge the government to abolish the National Security Law, which has been used to suppress people's rights for a long time. 
Regardless of whether it differs from the state's ideology, one's right of opinion and expression should be respected by the state in accordance with international human rights standards and laws.

Sincerely yours

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Thank you.

Kim Soo A
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Posted on 2003-11-27