China
20.06.02
Urgent Interventions
China: Risk of refoulement for North Korean asylum-seeker who had sought refuge in the South Korean Consulate in Beijing
Case CHN 200602
Arbitrary arrest / Risk of refoulement, including torture
The International Secretariat of OMCT requests your URGENT intervention in the following situation in China.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission (AHRC) and other reliable sources, that the Chinese authorities have arbitrarily arrested a North Korean asylum-seeker, identified as being called Mr. Won, who had sought refuge in the South Korean Consulate, on June 13th, 2002, in Beijing, China.
According to the information received, Mr. Won was violently removed from the South Korean Consulate and arbitrarily arrested by the Chinese authorities on June 13th, 2002. The Chinese Police reportedly forcibly entered the consulate without permission and attacked the South Korean diplomats who attempted to protect Mr. Won, resulting in several injuries to South Korean Consulate staff. OMCT fears that Mr. Won may be sent back to North Korea, where he risks being subjected to a range of human rights violations. Mr. Won is reportedly 56 years old, and his 18-year old son is believed to have made it into the South Korean Consulate during these events, and is now seeking asylum in South Korea, along with a reported other 17 other North Korean persons currently inside the Consulate.
According to reports, 56-year old Mr. Won had previously attempted to enter China five times and had been refouled twice. It is thought likely that these numerous attempts to enter into China were made at the Tumen River, which marks the border between North Korea and China, and is narrow enough for people to swim across, or walk across when it is frozen in winter, making it the most common entry point for persons seeking to leave North Korea. Furthermore, border guards are reportedly easy to bribe here, leading to persons being able to attempt the crossing several times.
Our sources indicate that persons who are returned to North Korea from China are systematically subjected to intensive interrogation, including severe beatings, with those persons who have stayed abroad for lengthier periods of time usually being sent to labour camps, where there is a reportedly high incidence of ill-treatment, very poor living conditions and the use of torture. It is reported that some repeat offenders are even executed as a result of their attempting to cross the border. Despite this fact, it is reported that these desperate people will try to leave North Korea several times, as is the case with Mr. Won, in order to seek asylum in South Korea or a third country.
OMCT recalls that Article 14 of the Universal Declaration of Human Rights states that, “the position of asylum-seekers differs fundamentally from that of ordinary immigrants…(and that this) should be taken into account in determining any restrictions on freedom of movement based on illegal entry or presence”.
The International Secretariat of OMCT is gravely concerned for Mr. Won’s physical and psychological integrity if he is the subject of refoulement back to North Korea, given the reported human rights violations to which persons in his situation are subjected under such circumstances. Furthermore, OMCT condemns the Chinese authorities’ intrusion into a foreign diplomatic office in violation of international agreements, and calls upon them to ensure that Mr. Won, and more generally, all North Korean asylum seekers, including those currently in the South Korean Consulate, be protected under the provisions of International Law, and specifically, that they are not subjected to refoulement to a country where there is a known risk of them being subjected to ill-treatment and other forms of cruel, inhuman and degrading treatment, torture and/or extrajudicial executions.
Action requested
Please write to the authorities in China urging them to:
i. take all necessary measures to guarantee their physical and psychological integrity of Mr. Won and all other asylum seekers;
ii. order that Mr. Won be released immediately and allowed to seek asylum in the country of his choosing, in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iii. order a thorough and impartial investigation into the circumstances of these events and guarantee that those responsible are brought to trial and that the penal, civil and/or administrative sanctions are applied as provided by law;
iv. ensure that the detainee is informed of his rights in a proven and meaningful way and in a language that he understands, and that all papers that he has to sign are either in a language he understands or are translated by authorised translators to him first;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights laws and standards.
Addresses
· Mr. Jiang Zemin, President, Zhongnanhai, 100017 Beijing, China.
· Mr. Zhu Rongji, Prime Minister, State Council, no. 2, Fuyoujie, 100017 Beijing, China, Fax: +86 10 6 529 2345.
· Mr. Doji Cering, Minister of Civil Affairs, Ministry of Civil Affairs, no. 147, Beiheyandajie / Dongcheng District, 100721 Beijing, China, Fax no. 86-10-6513 5332.
· Mr. Zhang Fusen, Minister of Justice, Ministry of Justice, no. 10, Nandajie, Chaoyangmen, 100016 Beijing, China, Fax no. 86-10-6520 5316.
Please also write to the diplomatic representatives of China in your country.
Geneva, June 20th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary arrest / Risk of refoulement, including torture
The International Secretariat of OMCT requests your URGENT intervention in the following situation in China.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission (AHRC) and other reliable sources, that the Chinese authorities have arbitrarily arrested a North Korean asylum-seeker, identified as being called Mr. Won, who had sought refuge in the South Korean Consulate, on June 13th, 2002, in Beijing, China.
According to the information received, Mr. Won was violently removed from the South Korean Consulate and arbitrarily arrested by the Chinese authorities on June 13th, 2002. The Chinese Police reportedly forcibly entered the consulate without permission and attacked the South Korean diplomats who attempted to protect Mr. Won, resulting in several injuries to South Korean Consulate staff. OMCT fears that Mr. Won may be sent back to North Korea, where he risks being subjected to a range of human rights violations. Mr. Won is reportedly 56 years old, and his 18-year old son is believed to have made it into the South Korean Consulate during these events, and is now seeking asylum in South Korea, along with a reported other 17 other North Korean persons currently inside the Consulate.
According to reports, 56-year old Mr. Won had previously attempted to enter China five times and had been refouled twice. It is thought likely that these numerous attempts to enter into China were made at the Tumen River, which marks the border between North Korea and China, and is narrow enough for people to swim across, or walk across when it is frozen in winter, making it the most common entry point for persons seeking to leave North Korea. Furthermore, border guards are reportedly easy to bribe here, leading to persons being able to attempt the crossing several times.
Our sources indicate that persons who are returned to North Korea from China are systematically subjected to intensive interrogation, including severe beatings, with those persons who have stayed abroad for lengthier periods of time usually being sent to labour camps, where there is a reportedly high incidence of ill-treatment, very poor living conditions and the use of torture. It is reported that some repeat offenders are even executed as a result of their attempting to cross the border. Despite this fact, it is reported that these desperate people will try to leave North Korea several times, as is the case with Mr. Won, in order to seek asylum in South Korea or a third country.
OMCT recalls that Article 14 of the Universal Declaration of Human Rights states that, “the position of asylum-seekers differs fundamentally from that of ordinary immigrants…(and that this) should be taken into account in determining any restrictions on freedom of movement based on illegal entry or presence”.
The International Secretariat of OMCT is gravely concerned for Mr. Won’s physical and psychological integrity if he is the subject of refoulement back to North Korea, given the reported human rights violations to which persons in his situation are subjected under such circumstances. Furthermore, OMCT condemns the Chinese authorities’ intrusion into a foreign diplomatic office in violation of international agreements, and calls upon them to ensure that Mr. Won, and more generally, all North Korean asylum seekers, including those currently in the South Korean Consulate, be protected under the provisions of International Law, and specifically, that they are not subjected to refoulement to a country where there is a known risk of them being subjected to ill-treatment and other forms of cruel, inhuman and degrading treatment, torture and/or extrajudicial executions.
Action requested
Please write to the authorities in China urging them to:
i. take all necessary measures to guarantee their physical and psychological integrity of Mr. Won and all other asylum seekers;
ii. order that Mr. Won be released immediately and allowed to seek asylum in the country of his choosing, in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iii. order a thorough and impartial investigation into the circumstances of these events and guarantee that those responsible are brought to trial and that the penal, civil and/or administrative sanctions are applied as provided by law;
iv. ensure that the detainee is informed of his rights in a proven and meaningful way and in a language that he understands, and that all papers that he has to sign are either in a language he understands or are translated by authorised translators to him first;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights laws and standards.
Addresses
· Mr. Jiang Zemin, President, Zhongnanhai, 100017 Beijing, China.
· Mr. Zhu Rongji, Prime Minister, State Council, no. 2, Fuyoujie, 100017 Beijing, China, Fax: +86 10 6 529 2345.
· Mr. Doji Cering, Minister of Civil Affairs, Ministry of Civil Affairs, no. 147, Beiheyandajie / Dongcheng District, 100721 Beijing, China, Fax no. 86-10-6513 5332.
· Mr. Zhang Fusen, Minister of Justice, Ministry of Justice, no. 10, Nandajie, Chaoyangmen, 100016 Beijing, China, Fax no. 86-10-6520 5316.
Please also write to the diplomatic representatives of China in your country.
Geneva, June 20th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.