SOUTH KOREA: Two newly elected migrants’ union leaders again deported

Dear friends,

The Asian Human Rights Commission (AHRC) regrets to inform you that two migrants workers, newly elected as president and vice president of Migrants’ Trade Union (MTU) were again arrested on 2 May 2008 and deported without due process on May 15.

CASE DETAILS:

Abdus Sabur has been involved in the struggle for migrant workers’ rights since 2002 and Torna Limb since 2003. Both are founders of MTU and recently elected as the president and vice president respectively.

According to the information received, at around 8:20pm on 2 May 2008, on their way to take part in a candle light vigil held in Gwangwhamun, Torna Limbu, president and with vice-general secretary of the Migrants’ Trade Union (MTU) were suddenly confronted by 5 to 6 immigration officers who were waiting hidden around the office. The officers arrested Torna Limbu without presenting a detention order. At the time of arrest, one officer allegedly hit his leg and harshly twisted his right arm behind his back preventing him from running away. When the vice general secretary attempted to protest, he was physically restrained by officers who shouted at him not to interfere with public affairs.

After the arrest, they took him inside the van and confiscated his phone and turned it off. On moving toward somewhere, Torna Limbu asked officers where they brought him but the officers said that they did not have a duty to inform it of him. They arrived at Seoul Immigration Office at 9pm. After short time, they moved to Yangcheon Police Station where they used another car and moved to another place. They stopped the car near Gwangmyeong High way and parked there for a while.

As soon as getting information on Torna Limb’s arrest, Abdus Sabur, vice president of the MTU, informed to other members of union regarding Torna’s arrest in his house. At 9pm, at around 10 immigration officers forcibly entered into his house without arrest warrant and arrested him. Abdus Sabur noticed that one officer acted under the guise of a human rights activist and asked identifications and activities of other members of the MTU in earlier campaign for migrant workers. After the arrest, the officers took him to the car where Torna Limbu was inside and transported them to Cheongju Foreigners’ Detention Center 2 and a half hour away from Seoul.

On May 3, their lawyer filed an objection to their detention and deportation order to Minister of Justice.

Torna has a ruptured disk in his back and neck and he was also diagnosed with depression a few years ago and had similar symptoms whilst detention. Sabur has problems with his liver and lungs. Due to these reasons, they were examined at the detention center on May 6 but the doctor said there was nothing wrong with them. On May 13, both requested for external medical treatment since their health appeared to have been severe headache. When their request was denied, Sabur hold hunger strike on the day and Torna also joined hunger strike inside the detention center on May 15.

Meanwhile, on same day, the National Human Rights Commission of Korea (NHRCK) has issued emergency redress recommendation asking the Seoul Immigration office under Ministry of Justice to stop their deportation until investigation by the NHRCK is finished. However, immigration officers had already started the process of their deportation at 3:40pm before their lawyer received the decision, which the objection to their detention and deportation order was denied at 5:30 by fax. In addition, even though the lawyer immediately sent documents that she applied to Seoul Administrative Court regarding the cancel on their deportation to the Seoul Immigration Office and Incheon Airport Immigration Office, immigration officers deported them.

ADDITIONAL INFORMATION:

The MTU is an organization that advocates the rights of South Korea’s migrant workers irrespective of their status. When the MTU tried to register, in order to form a Trade Union with the Seoul District Labour Office, its application was denied on the bases that the members of MTU were undocumented. The MTU filed a case in 2006 and the Seoul High Court made its decision to permit the MTU to form on 1 February 2007 (Case No. Seoul High Court decision 2006 NU 6774). The appeal case is currently pending at the Supreme Court.

This is not first case that the immigration officers mainly persecuted migrant workers especially the leaders of the MTU. On 13 December 2007, three leaders of the MTU were forcibly deported without due process. (See further UP-165-2007, UA-337-2007) First leader of the union was also targeted on 14 May 2005. (See further UA-86-2005)

While the legalization of the union’s establishment composing of undocumented migrants workers has been under review by the Supreme Court, all leaders of the union have been mainly targeted due to their status, undocumented status or overstaying and forcibly deported by immigration officers except the first leader. This practice by the immigration office has come to a level of persecution especially based on their status.

It is common in South Korea for the immigration officers arbitrarily arrest migrant workers whom they believe them to overstay without warrant and arbitrarily detained them in protection center. When the arrestees have an objection, they can submit an application on the objection to protection and forcible deportation order issued by the immigration office. If they receive their objection is out of reason, they can still have a chance to exhaust domestic mechanism to appeal through the administration court, which in fact, the protection and forcible deportation order is an administrative action by immigration office. (See also AHRC-OLT-005-2008)

In most violation cases on due process, the immigration office forcibly deports the migrant workers as soon as their objection on protection and forcible order is dismissed. By deportation, the workers’ right to appeal to court is in fact, permanently deprived.

SUGGESTED ACTION:
Please write to the government authorities below urging them to ensure that the right of the migrants’ workers is protected by domestic law in accordance with international norms and standards.

Please be informed that the AHRC has also written separate letters to the UN Special Rapporteur on 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 case, please click here: SEND APPEAL LETTER