URGENT APPEALS PROGRAM- ASIAN HUMAN RIGHTS COMMISSION

> 29 October 2003

>

> -------------------------------------------------------------

> UA-67-2003: REPUBLIC OF KOREA: Arrest of scholar Song Du-yul under the

National Security Law

>

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

> -------------------------------------------------------------

>

<보내온 서한>

> Dear friends

>

> The Asian Human Rights Commission (AHRC) has received information that

Korean-German scholar Song Du-yul, 59, who returned to Republic of Korea

(ROK) after 37 years of exile in Germany, was arrested for allegedly

violating anti-communist provisions in the National Security Law on 22

October 2003. He was arrested after he refused to make a formal pledge of

loyalty to the government, and submit a letter declaring his conversion of

ideology, which the prosecution authority has demanded.

>

> AHRC is concerned that Mr. Song's arrest 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.

Urgent Appeals Desk

Asian Human Rights Commission (AHRC)

-----------------------------------------------------------

DETAILED INFORMATION:

>

> Korean-German scholar Song Du-yul, who has been under investigation for

his pro-North Korean activities since he returned home last month after 37

years of exile, was taken to a detention center in Seoul on 22 October 2003

after a court approved an arrest warrant against him on charges of violating

the anti-communist National Security Law. The prosecution now has up to 30

days to decide whether or not to indict him.

>

> The prosecutor has accused Song Du-yul of joining the North Korean

Workers' Party in 1973, acting as a member of its Politburo in the 1990s,

visiting Pyongyang more than 20 times, and accepting about $150,000 from

North Korean government while staying in Germany. The prosecutor has cited

an article from the National Security Law that states, "anyone who is a

member of any anti-national organization and serves as an executive member

or leader of such group is punishable by law."

>

> Mr. Song has acknowledged joining the Workers' Party but has continuously

denied acting as a member of the Workers' Party Politburo. His lawyer, Kim

Hyeong-tae, said the charges were distorted and he would try to prove the

truth during the trial.

>

> Prosecutors apparently took a hard stance towards Song Du-yul as he

refused to make a formal pledge of loyalty to the Republic of Korea.

Prosecutors had indicated they would take lenient measures against Song if

he showed a truly repentant attitude.

>

> In fact, in an earlier press conference, Song Du-yul said that he would

relinquish his membership in the North Korean Workers' Party and renounce

his German citizenship to live a life as an academic in Republic of Korea.

He also said he would abide by its laws from now on. On October 14 he also

submitted a written statement to the prosecution authority. In the

statement, he renewed his vow.

>

> However, the prosecutors did not regard his letter as a formal pledge of

conversion. Prosecutors demanded Mr. Song submit a letter declaring his

conversion of ideology as a condition for suspending indictment, but Song

has so far refused to do so.

>

> Korean human rights organizations and Song Du-yul's lawyers claimed that

the prosecution could not prove his role as a spy for North Korea, or his

alleged connections with North Korea, even though they summoned him more

than ten times. During these occasions, Mr. Song was not allowed access to

his lawyer. They suspect that the prosecution arrested Song Du-yul to

pressure to convert and confess. In addition, although he has not been

convicted, a member of parliament investigating the case has already

insisted that Mr. Song is guilty of the charges, and the government should

take action against him. These unproved charges were revealed to the media,

and the media has targeted him as a spy.

>

> Republic of Korea's "Ideology conversion system" which has been succeeded

by an "oath of law-abidance," violates Song Du-yul's freedom of expression

under articles 18, 19 and 26 of the International Covenant on Civil and

Political Rights (ICCPR), to which Republic of 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

> President, Republic of Korea

> 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

------------------------------------------------->

>

> Dear

>

> Re: Arrest of scholar Song Du-yul under the National Security Law

>

> I am writing to bring to your attention the arrest of Korean-German

scholar Song Du-yul.

>

> According to the information I have received, he was arrested on charges

of violating the anti-communist National Security Law on 22 October 2003,

even though the prosecution could not prove his role as a spy for North

Korea, or his alleged connections with North Korea, during an intensive

investigation. In addition, Mr. Song has been denied access to his lawyer

when summoned for interrogation.

>

> There is grave concern that the prosecutors arrested Song Du-yul to

pressure him to convert his ideology and confess to crimes. Republic of

Korea prosecutors have 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 had refused to do.

>

> The "Ideology conversion system" which has been succeeded by the "oath of

law-abidance," violates Song Du-yul's freedom of expression under articles

18, 19 and 26 of the International Covenant on Civil and Political Rights

(ICCPR), to which South Korea is a party.

>

> I urge the government of the Republic of Korea to release Mr. Song Du-yul

immediately. I also urge the government to fully ensure that Mr. Song has

access to his lawyers. 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

>

>

>

> -------------------------------

>

> Thank you.

>

> Kim Soo A

> Urgent Appeals Programme

> Asian Human Rights Commission (AHRC)

>

> ** If you want to contact the Urgent Appeal program of the AHRC, kindly

send an email to ua@ahrchk.org and NOT to ua@ahrchk.info

> __________________________________________________________

>

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>

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>

> __________________________________________________________