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]

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

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

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)
-----------------------------------------------------------

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



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

Thank you.

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


Posted on 2003-11-27