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UPDATE (South Korea): Government finally deported three migrant activists without due process

December 20, 2007

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

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Update on Urgent Appeal

20 December 2007

[RE: UA-337-2007: SOUTH KOREA: Arrest of migrant union leaders due to their activities; waiting for forcible deportation]
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UP-165-2007: SOUTH KOREA: Government finally deported three migrant activists without due process

SOUTH KOREA: Migrant workers; human rights defenders; deportation
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Dear friends,

The Asian Human Rights Commission (AHRC) has been confirmed that three activists of a union who had been detained were finally deported from South Korea in the early morning of 13 December 2007. It is reported that the immigration officers falsely informed their legal representatives that they did not have any plans to deport them. In addition, even though they are the authors of a case which is currently pending at the Supreme Court in South Korea, they were deprived of their rights to a trial due to this deportation.
 
UPDATED INFORMATION:

The legal representatives of three leaders of the Migrants' Trade Union (MTU) submitted an application for appeal against their detention and forcible deportation to the Minister of Justice on 29 November 2007 (For further, please see UA-337-2007). At the same time, members of the MTU carried out an intensive campaign asking for the release of the leaders with other civil groups since December 5.

According to the information received, on December 11, one of protesters received a phone call informing him that the Nepalese Embassy had sent travel documents to Cheongju Foreigner's Detention Center for Mr. Khapung Kaji Man, president of the MTU and Mr. Tek Bahadur Gurung (who was previously identified as Raj Kumar Gurung in our earlier appeal and also known as 'Raju'), vice president of the MTU. Later that night, it was reported that the Minister of Justice dismissed the application for a stay of deportation. As soon as they received this information, some 20 protesters immediately went to the detention center to attempt to block any vehicle that could be carrying three leaders out of the center. In the meanwhile, they were able to block a bus and witness Mr. Moniruzzaman Abul Basher M (known as 'Masum'), secretary-general of MTU entered the bus through a window.

At around 6pm on December 12, the Seoul Immigration Office informed the legal representatives by means of a facsimile of the decision to dismiss the application. At around 5am on following day, December 13, when a legal representative called to the Cheongju Foreigner's Protection (Detention) Center three times to ask about the execution of forcible deportation, the officer on duty had continued confirming, "We don't have any plan to execute any forcible deportation today". At around 6:20am, another legal representative called to the center to ask same question and got same response so that he went for the center to meet three detainees in order to discuss further legal action against the dismissal from the Minister of Justice.

However, it was later known that the center had already executed the order of forcible deportation against the three arrestees at 3am on December 12. The immigration officers took the three leaders and to Incheon airport at around 7:30am and forcibly deported them to Nepal and Bangladesh respectively by Korean Air. At around 10:45am on the same day, a member of MTU received a phone call from Masum, secretary-general of the MTU confirming that he had been also deported.

At the same time, the National Human Rights Commission of Korea (NHRCK) had been investigating this case. It is commonly accepted that if a case is under investigation, the deportation has to stay until it is completed. However, the common rule has not applied to these three activists.

ADDITIONAN COMMENTS:

The three activists are party to a case which is currently pending at the Supreme Court (Case No. 2007 DU 4995). Regarding the case, please refer to our previous appeal. However due to this forcible detention, they have now been deprived of their right to have a trial, which is guaranteed by the article 12.1 of the Constitution of the Republic of Korea as well as international human rights laws.

In addition, after the Minister of Justice dismissed an application submitted by their legal representatives against the forcible deportation on December 12, the legal representatives had not been informed about their status and came to know it only after three activists had been deported. According to the article 20 of Administration Procedure Law, an appeal can be filed before the administration court within 90 days after the day when the concerned party come to know the administrative disposition exists. (In South Korea, the order of forcible deportation by the Minister of Justice belongs to the administrative disposition.) However, their right to appeal to the administrative court has also been deprived by this deportation.

The AHRC has earlier issued an urgent appeal about the arrest and possible of deportation of Mr. Anowar Hossain, a Bangladeshi migrant worker, the former president of MTU. (See further: UA-086-2005) After his arrest, he was kept in Cheongju Foreigner's Detention Center for about one year. Due to intervention from outside and his own mental and physical weakness inside the center, he was temporarily released by immigration office on May 2006. It is reported that while he started working as a president of MTU again, he received a great deal of pressure of forcible deportation from the Ministry of Justice by not renewing his visa. At around 9:00am on 26 July 2007, he voluntarily left for Bangladesh. According to him, the police at the airport arrested him and detained him for about 30 hours for questioning. The police then, took him to Security Branch office, Malibag, Dhaka, Bangladesh for further questioning. The police showed a fax written in English and explained to him that the Ministry of Home Affairs received this fax from Korean government by way of Bangladesh Embassy in South Korea. He further explained the contents of the fax that the Korean government asked the Bangladesh government to punish Mr. Anowar for his anti-Korean activities and damaging the image of Bangladesh.

The AHRC is gravely concerned about the deprivation of their rights to have a trial even though those deported are the concerned party of a case which is currently pending at the Supreme Court. We strongly condemn the forcible deportation of three activists and ask the government to provide all possible redress to them. The government must pay attention to their integrity when they arrived in their country. It also has to ensure that every person is entitled to have a fair trial under the International Covenant on Civil and Political Rights (ICCPR) which the Republic of Korea is a state party.

SUGGEDTED ACTION:
Please write letters to the concerned government authorities below and express your deep concern about their forcible deportation. Please urge them to investigate and study this case so that the government has to make sure to provide redress those deported and prevent similar cases in the future.

The AHRC is also writing a separate letter to UN Special Rapporteur on the human rights of migrants and Special Representatives to the Secretary-General to the human rights defenders calling for their intervention in this case.

To support this appeal, please click here:

Suggested letter:

Dear ____________,

SOUTH KOREA: Government finally deported three migrant activists without due process

Details of victims:
1. Mr. Khapung Kaji Man (known as 'Kajiman'), Nepali, single, President of the Seoul-Gyeonggi-Incheon Migrants' Trade Union (MTU), arrested at his house in Sindang, Seoul
2. Mr. Tek Bahadur Gurung (known as 'Raju'), (38), Nepali, single, Vice-president of the MTU, arrested in his workplace in Sindang, Seoul
3. Mr. Moniruzzaman Abul Basher M (known as 'Masum'), (41), Bangladesh, single, General-Secretary of the MTU, arrested at his house in Unhyeon, Seoul
Date of arrest: 27 November 2007
Date of deportation: at around 7:30am on 13 December 2007

I am writing to express my deep concern regarding the forcible deportation of three activists of a Migrants' Trade Union (MTU) on 13 December 2007.

According to the information received, at around 6pm on December 12, Seoul Immigration Office informed a decision of dismissal of the application to the legal representatives by a fax. At around 5am on following day, December 13, when one legal representative had called to the Cheongju Foreigner's Protection (Detention) Center three times to ask about the execution of forcible deportation, on duty officer had continued confirming, "We don't have any plan to execute any forcible deportation today". At around 6:20am, another legal representative called to the center to ask same question and got same response so that he went for the center to meet three arrestees in order to discuss further legal action against the dismissal from the Minister of Justice.

However, it was later known that the center had already executed the order of forcible deportation against three arrestees from 3am on December 12. The immigration officers took three leaders and arrived in the Incheon airport at around 7:30am and forcibly deported them to their own country by Korean Air. At around 10:45am on the day, a member of MTU received a phone call from Masum, secretary-general of MTU confirming that he had been also deported.

At the same time, the National Human Rights Commission of Korea (NHRCK) has been investigating in their arrest and forcible deportation. It is commonly accepted that if a case is under the investigation, the deportation has to stay until it is finished. However, this common rule has not applied to three deported activists.

I have been informed that the three activists are the concerned party of a case which is currently pending at the Supreme Court (Case No. 2007 DU 4995). However due to this forcible detention, their right to have a trial is now deprived, which is well guaranteed by the article 12 .1 of the Constitution of the Republic of Korea as well as various international human rights laws to which the government is a state party.

In addition, after the Minister of Justice dismissed an application submitted by their legal representatives against the forcible deportation on December 12, the legal representatives had not been informed about their status and came to know it only after three activists had been already deported. According to the article 20 of Administration Procedure Law, an appeal can be filed before the administration court within 90 days after the day when the concerned party come to know the administrative disposition exists. However, their right to appeal to the administrative court has also been deprived by this deportation.

I am gravely concerned about the deprivation of their rights to have a trial even though those deported are the concerned party of a case which is currently pending at the Supreme Court. I strongly condemn the forcible deportation of three activists and urge you to provide all possible redress to them. I also urge you to investigate the forcible deportation process which overturns the basic rule of law in the country and prevent similar cases in the future. I especially urge you to pay special attention to monitor their integrity since they arrive in their country.
 
I take this opportunity to remind you to the fact that every person is entitled to have a fair trial which is stipulated under the International Covenant on Civil and Political Rights (ICCPR) to which the Republic of Korea is a state party. As a member of United Nations Human Rights Council and a country bring about a Secretary-General of the United Nations which the government of the Republic of Korea is usually proud of his being a Korean, the government has to show its sincerity to protect and promote human rights of migrants under the domestic law as well as international law.

I trust that you will take immediate action into this matter.

Yours sincerely,


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PLEASE SEND YOUR LETTERS TO:

1. Mr. Roh Moo-Hyun
President of the Republic
1 Sejong-no, Jongno-gu
Seoul 110-820
REPUBLIC OF KOREA
Tel: +82 2 770 0018
Fax: +82 2 770 0347 / 770 0001 / 770 2579
E-mail: president@cwd.go.kr or president@president.go.kr

2. Mr. Chung Soung-Jin
Minister of Justice
88 Gwanmon-ro, Gwachon-si
Gyonggi Province 427-760
REPUBLIC OF KOREA
Fax: +82 2 2110 3079 / 503 7046
E-mail: webmaster@moj.go.kr

3. Mr. Ahn Kyong-Whan
Chairperson
National Human Rights Commission of Korea
16 Euljiro 1-ga
Jung-gu
Seoul 100-842
REPUBLIC OF KOREA
Tel: +82 2 2125 9700
Fax: +82 2 2125 9812 / 2125 9666
E-mail: nhrc@humanrights.go.kr

4. Ms. Sachiko Yamamoto
Regional Director
United Nations Building, 11th Floor
Rajdamnern Nok Avenue
P.O. Box 2-349
Bangkok 10200
THAILAND
Tel: +66 2288 2295 or 2288 1234
Fax: +66 2288 3056 (direct) or 2288 3062
E-mail: bangkok@ilo.org

5. Mr. LEE Sung-Joo
Permanent Representative
Permanent Mission of the Republic of Korea
1 Avenue de l'Ariana, Case Postale 42,
1211 Geneva
SWITZERLAND
Tel: +41 22 748 0000
Fax: +41 22 748 0002

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

Document Type :
Urgent Appeal Update
Document ID :
UP-165-2007
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.