URGENT APPEALS PROGRAM- ASIAN HUMAN RIGHTS COMMISSION
29 October 2003
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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
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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)
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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
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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
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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
__________________________________________________________
Asian Human Rights Commission
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Mongkok Commercial Centre
Kowloon, Hong Kong SAR
Tel: +(852)-2698-6339
Fax: +(852)-2698-6367
E-mail: ahrchk@ahrchk.org
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