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
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
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)
