20 July 2015 Individual Complaint to - The Special Rapporteur on the Situation of Human Rights Defenders - The Special Rapporteur on the right to freedom of peaceful assembly and association - The Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression Name of Defender: Mr. Lae-goon PARK Country: Republic of Korea Incident / Violation: Human rights defender is detained since 17 July 2015 due to his participation to protests related to the Sewol ferry incident, which happened on 16 April 2014 where 304 people died. Date of Fact Sheet: 20 July 2015 A. Essential Information 1. Alleged Victim Name: Mr. Lae-goon Park Nationality: Republic of Korea Age: 53 Occupation: Human rights defender / Co-standing steering committee member of the 4.16 Coalition on the Sewol Ferry Disaster, Co-steering committee member of the People’s Committee for the Sewol Ferry Tragedy
B. Useful Information Coalition 416 on the Sewol Ferry Disaster (established on 18 March 2015) Almost one year after the Sewol ferry tragedy, three parties (Sewol families, People’s Committee for the Sewol Ferry Tragedy, and individual supporters) established the “Coalition 4.16 on the Sewol Ferry Disaster (Coalition 4.16)”. The Coalition 4.16 has three standing steering committee members, one each from each group and Mr. Park was one of them. Since then, most activities including protests have been organized under the Coalition 4.16’s name to show that families, civil society organisations, and individual supporters are jointly working towards truth of the Sewol ferry incident. (Website: 416act.net – This is currently in Korean only but we will soon open English site.) People’s Committee for the Sewol Ferry Tragedy (established on 22 May
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2014) After the Sewol ferry tragedy happened on 16 April 2014, South Korean civil society organizations established a network of NGOs, “People’s Committee for the Sewol Ferry Tragedy.” This network of more than 800 NGOs supported the Sewol victims’ families, including preparation of families’ press conferences, organizing meeting with parliamentarians with the Sewol families to support their struggle in finding truth of the Sewol ferry tragedy. The Committee dissolved after the Special Law for Seeking Truth of the Sewol Ferry Disaster and Establishing Safer Society was enacted and transformed into the Coalition 4.16. After the Sewol ferry disaster happened on 16 April 2014, Sewol families and civil society organizations continuously urge the Government to set up an independent investigatory commission to find the truth of the Sewol ferry disaster. The People’s Committee for the Sewol Ferry Tragedy, together with Sewol families, collected more than 3.5 million individual petitions calling for enacting a law to establish an independent and transparent investigation commission on the Sewol ferry disaster and submitted it to the National Assembly on 15 July 2014. After the submission, Sewol families and human rights defenders including Mr. Laegoon Park, and other individual citizens went on hunger strike, protest over nights on the street, and shaved their heads as a sign of protest, calling for enacting the special law on Sewol. The Special Law for Seeking Truth of the Sewol Ferry Disaster and Establishing Safer Society (Sewol Special Law) was finally enacted on 7 November 2014.
2. Status of the victim as a human rights defender Mr. Park is a prominent human rights defender who has been working on seeking truth of the Sewol ferry incident since it happened. The Sewol families and civil society organisations held series of protests, calling for an independent and transparent investigation of the Sewol ferry disaster. Current Situation: Mr. Lae-goon Park has been detained since 17 July 2015, due to his participation to the series of protests related to the Sewol ferry tragedy. Regarding his case, pre-indictment detention warrant was issued and he is not yet indicted by the prosecutor’s office. The Prosecutor’s Office will indict him within 10~20 days after the detention. Mr. Parks’ lawyer is now preparing a request for habeas corpus and will request it probably on 27 July 2015 (or a bit earlier).
However, the enforcement ordinance of the Sewol Special Law which was announced by the Ministry of Ocean and Fisheries on 27 March 2015
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negates the Sewol Special Law. Therefore, the Sewol families and civil society organizations went on protests again, asking the government to abolish the enforcement ordinance. As of today (20 July 2015), seven human rights defenders(3 NGO staffs, 4 individuals) including Mr. Lae-goon Park are detained due to their participation to the Sewol ferry tragedy related protests. One person has been detained since 10 June 2014. For more details, please see the annex of this communication. (page 8).
3. Alleged violation/s committed against the victim As a co-steering committee member of the People’s Committee for the Sewol Ferry Tragedy and later as a co-standing steering committee member of the Coalition 4.16, he has stood in solidarity with the Sewol victims’ families and has been with them since the disaster happened. The members of the Coalition 4.16 organised series of protests to commemorate Sewol victims, calling for an independent and transparent investigation. During the protests, some participants became overly emotional and violent, and physical clashes between protesters and police happened at some point.
Police argue that many police officers were injured by protesters during the protests as well as many police equipment was broken. However, many participants to the protest also suffered from severe injuries but no police officers were indicted for excessive use of force.
The police argue that Mr. Park incited sedition during the protest and colluded with other human rights defenders to instruct participants to take some violent actions against the police, only because he is one of the standing steering committee members of the 4.16 Coalition, who submitted protest application. However, no proper evidence was found about Mr. Park’s involvement inciting violent actions during the protests. On the other hand, Mr. Park tried to calm participants down and asked them not to use any violence against authorities. In fact, it was reported that excessive use of force by the police was one of the main reasons that provoked participants.
Police violation reported during the Sewol ferry disaster related protests - For more details, please see communication sent on 4 May 2015. These are common violations found in many protests related to the Sewol ferry disaster. 1) Police Bus Barricade to block protesters The police used buses to block protesters even before protest started.
The police requested a detention warrant because of the gravity of the crime, possibility of destroying the evidence, and running away. However, Mr. Park has an official address where he lives with his wife and two
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daughters, therefore, there is very little possibility of him running away. Also, the police authorities already searched his house, car and office (with search warrant), and collected all the evidence. Therefore, Mr. Park does not have any further evidence to destroy. He is charged by organizing below five protests related to the Sewol ferry disaster: 24 April 2014: Protest remembering 100-day after the Sewol ferry disaster 11 April 2015: Protest calling for the rise of the Sewol ferry (As of 18 July 2015, still 9 victims’ bodies are not found yet, and the families are calling for the rise of the ferry) 16 April 2015: Protest remembering 1-year anniversary of the Sewol ferry disaster 18 April 2015: A pan-national protest calling for truth-seeking of the Sewol ferry disaster 1 May 2015 ~ 2 May 2015: Overnight protest calling for truth-seeking of the Sewol ferry disaster
On 16 April 2015, police set up police buses as barricade even before the protest started.
As of 18 April 2015, Mr. Lae-goon Park is being charged under the violation of below laws.
It was found that during the protest on 18 April 2015, the police used 477 police buses including specially designed 18 trucks, and 101 security fences. In addition, a large police force of about 13,700 personnel from 172 units was mobilized for the crackdown.
1) Act on Assembly and Demonstration 2) General Obstruction of Traffic (Article 185 of the Criminal Code) A person who damages, destroys or blocks a road, water-way, or bridge, or obstructs traffic by other means, shall be punished by imprisonment for not more than ten years or by a fine not exceeding fifteen million won.
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3) Special Obstruction of Public Duty (Article 144 of the Criminal Code) (1) A person who commits the crimes specified in Articles 136, 138, and 140 to the preceding Article through the threat of collective force or by carrying a dangerous weapon shall be punished by increasing one half of the punishments specified in the relevant Articles. (2) A person who commits the crime of paragraph (1) to injure a public official shall be punished by imprisonment for a limited term of at least three years. If it results in the death of a public official, the perpetrator shall be punished by imprisonment for life or for a limited term of at least five years. 4) Invalidity of Public Documents, etc. and Destruction of Public Goods (Article 141 of the Criminal Code) (1) A person who damages or conceals documents or other goods, or special media records, such as electromagnetic records, etc., used by a public office or spoils its utility by other methods, shall be punished by imprisonment for not more than seven years or by a fine not exceeding ten million won. (2) A person who destroys structures, vessels, trains, or airplanes, used by public offices, shall be punished by imprisonment for at least one year up to ten years.
Not only participants to the protest as well as passerby’s right to movement were completely blocked by the police buses. 1 May 2015. 2) Violent roundup and crackdown Many of the persons taken to the police station suffered bruises and injuries on their arms and legs from being lifted or pulled by force in the process. The water cannon spray containing capsaicin and tear liquid left a number of people suffering keratoconjunctivitis and skin lesions. Hundreds of people who had no way out completely surrounded by bus barricades were helplessly exposed to the water cannon spray. Police used 0.03% pava capsaicin against protesters on 18 April and 1 May 2015. According to the Korean Health Medical Workers' Union, this can be very dangerous if a person is exposed to this for a long time.
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Water cannon and tear liquid used against human rights defenders including victims’ families during the protest. It was very dangerous as human rights defenders were isolated and cannot even escape from water cannon. The photos were taken on 1 May 2015. (c) OhMyNews 4. Alleged Perpetrator The Government of the Republic of Korea Seoul Metropolitan Police Agency Supreme Prosecutors’ Office 5. Actions by Authorities Mr. Lae-goon Park has been detained since 17 July 2015. Regarding his case, pre-indictment detention warrant was issued and he is not yet indicted by the prosecutor’s office. The Prosecutor’s Office will indict him within 10~20 days after the detention. Mr. Parks’ lawyer is now preparing a request for habeas corpus and will request it probably on 27 July 2015 (or a bit earlier).
Witness N/A
Actions taken by the victim or by human rights organizations Sewol families are those who first visited Mr. Lae-goon Park at the detention center. This shows that Mr. Park has been always on the side of the Sewol victims’ families. Civil society organizations of the Republic of Korea issued series of statement condemning Mr. Park’s detention, held press conference and protest calling for his release, and are organizing campaign, opening a
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website on Mr. Park. Previous Incidents Mr. Lae-goon Park is one of the most prominent human rights defenders in the Republic of Korea. Therefore, his arrest and detention is a significant meaning to civil society of the Republic of Korea as well as to Sewol families. Crackdown on Mr. Park means a crackdown on the overall Sewol movements and all human rights defenders. As soon as Mr. PARK was detained, Sewol families and Yongsan families were the first ones who visited the detention center to meet him. This shows that he has been always with human rights victims in his life.
6. Link between the violation and human rights work Mr. Lae-goon Park was arrested and detained due to his work as a human rights defender. He has been defending Sewol families’ right to truth, freedom of opinion and expression, as well as the right to peaceful assembly.
Mr. Park was detained in 2006 during his peaceful protest against expansion of the US military base in the Republic of Korea. For further details, please see FORUM-ASIA's statement on 19 July 2006. Open letter on arrest of human rights defender by Korean authorities http://bit.ly/1fdS7mb He was also detained during the Yongsan incident in 2009, where five residents and one police officer were killed during the forced eviction. At that time, he stood in solidarity with Yongsan victims' families and was detained while he and Yongsan families requested for ending impunity and punish the main responsible person of the incident. Civil society organisations sent several communications to the UN Special Rapporteurs on Mr. Park's detention as well as Yongsan incident. 1) A/HRC/13/22/Add.1, para. 1836 – Yongsan incident http://bit.ly/1CJePOa 2) A/HRC/16/44/Add.1, para. 1993 – Mr. Lae-goon Park’s case http://bit.ly/1CJeSJZ
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7. Who is submitting this information? This letter is submitted by Ms. Gayoon Baek The Coalition 4.16 on the Sewol Ferry Disaster People’s Solidarity for Participatory Democracy (PSPD) Tel. +82 2 723 5051, Fax: +82 2 6919 2004 Email: pspdint@pspd.org
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ANNEX. List of Human Rights Defenders who are detained due to their participation to the Sewol ferry disaster related protests (as of 20 July 2015) # Name Arrested Detained Alleged violations Member of human rights NGOs / The 4.16 Coalition / People’s Committee for the Sewol Ferry Tragedy 1 Mr. Hyung-jae 11 April 30 April - Staff of the the People’s Committee for the Sewol Ferry Tragedy HAM 2015 2015 - On 11 April, during a peaceful protest seeking for the truth of the Sewol ferry tragedy, the police requested organizers to dissolve a march after a long confrontation between the police and protesters. Organizers agreed to announce ending of the protest. For this, it was necessary to move the car, which was used to make announcement to participants. Organizers made a negotiation with a police officer who was in charge (Officer Sung-hyun PARK, Jong-ro Police Station, Seoul) and asked Mr. Ham to move the car since they knew well nearby areas to park the car. Since the car was surrounded by the police, he had no choice but to move the car to different direction, but then when he moved the car towards opposite direction, the police surrounded them and arrested him. - The first detention warrant requested by the Prosecutor’s Office was denied but search warrant was issued. The Prosecutor’s Office searched his phone and argued that they found additional information that Mr. Ham was one of main responsible persons for the protest. They reapplied for the detention warrant and the court approved it on the second time. - Charges of violating General Obstruction of Traffic (Article 185 of the Criminal Code) 2 Mr. Hyun-sik 11 April 30 April - Staff of the the People’s Committee for the Sewol Ferry Tragedy KIM 2015 2015 - On the same occasion mentioned above related to Mr. Hyung-jae HAM, Mr. Hyun-sik KIM was sitting next to Mr. HAM when he moved the car. - The first detention warrant requested by the Prosecutor’s Office was denied but search warrant was issued. The Prosecutor’s Office searched his phone and argued that they found additional information that Mr. Kim was one of main responsible persons for the protest. They reapplied for the detention
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Current Situation On 14 July 2015, the prosecutor’s office indicted him with 3-year imprisonment. On 6 August 2015 at 10am (Korean Time), the judge will make a final decision.
On 14 July 2015, the prosecutor’s office indicted him with 2-year imprisonment. On 6 August 2015 at 10am (Korean Time), the
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Mr.. Lae-goon PARK
17 July 2015
17 July 2015
warrant and the court approved it on the second time. - Charged of violating General Obstruction of Traffic (Article 185 of the Criminal Code) - Co-standing steering committee member of the 4.16 Coalition on the Sewol Ferry Disaster, Co-steering committee member of the People’s Committee for the Sewol Ferry Tragedy - The police argue that Mr. Park is responsible for series of violent clashes between the protesters and police in the past protests related to the Sewol ferry disaster. - Charged under the violation of Act on Assembly and Demonstration, General Obstruction of Traffic (Article 185 of the Criminal Code), and Invalidity of Public Documents, etc. and Destruction of Public Goods (Article 141 of the Criminal Code)
Individuals who joined the protests related to the Sewol ferry disaster 1 Mr. Chang-gun 10 June 10 June - Individual who participated in the Sewol protest on 10 June 2014. At the time KIM 2014 2014 of arrest, Mr. Kim was raising his voice against the police as the police blocked the road with police shield and prevented people from crossing the road. - He had other charges related to previous protests related to other issues, not on Sewol, and therefore, was charged on various issues, not only on Sewol. 2 Mr. Jang-hee 18 April 18 April - Irregular worker, Member of Justice Party KWON 2015 2015 - On 18 April 2015, the protesters and police were facing at each other and one police officer used abusive language and it provoked protesters. Lawyer Kwon Young-gook tried to stop violent clashes and asked police officer to stop using those languages by holding his arm. When physical conflicts between the police and protesters were intense, Lawyer Kwon was arrested by the police and later released. Mr. Jang-hee Kwon was also arrested when he was with Lawyer Kwon.
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judge will make a final decision. A pre-indictment detention warrant was issued and he is not yet indicted by the prosecutor’s office. The Prosecutor’s Office will indict him within 10~20 days after the detention. Mr. Parks’ lawyer is now preparing a request for habeas corpus and will request it probably on 27 July 2015 (or a bit earlier). Was sentenced 2-year imprisonment. His lawyer appealed to the 2nd court but the appeal was denied. Mr. Kwon’s lawyer requested for a bail on 20 July 2015.
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Mr. Kwangchul KANG
18 April 2015
18 April 2015
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Mr. Gi-ho LEE
2 May 2015
2 May 2015
- The court issued a detention warrant because Mr. Kwon is a irregular worker and assumes his residence is not exact. - On his second trial, the only witness who argued that he saw Mr. Kwon was using violence changed his words and saying in fact, he did not see Mr. Kwon was using the violence. - At the time of arrest, the charges were violating the Act on Assembly and Demonstration, and General Obstruction of Traffic (Article 185 of the Criminal Code). Later, the Prosecutor’s Office added Special Obstruction of Public Duty (Article 144 of the Criminal Code). - Irregular worker (street cleaner) - The police argue that during the protest, Mr. Kang used physical violence against police officers, broke police fences, and took police shield from them and threw it to other protesters. However, according to the video shown during trial to decide issuing a detention warrant, there was no evidence found regarding physical violence nor breaking police fences. Regarding the police shield, the video showed that police left the shield while confronting with protesters, and Mr. Kang picked it up from the floor and gave it to protesters, so did not forcibly take it from the police. - Charged under the violation of Special Obstruction of Public Duty (Article 144 of the Criminal Act) - A member of General Trade Union - On 2 May morning, he participated in the Sewol protest and was crossing the road near Anguk subway station which was blocked by the police bus barricade. He raised his voice against the police to complain about road blockade and got into a light physical fight, then arrested on the site. He was charged with similar cases in the past protests related to other issues, and therefore, the prosecutor’s office requested an arrest warrant. - Charged under the violation of Assembly and Demonstration Act, General Obstruction of Traffic(Article 185 of the Criminal Act), and Obstruction of Performance of Official Duties (Article 136(1) of the Criminal Act).
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On 22 July 2015 at 2pm (Korean time), the Prosecutor’s Officer will announce its sentence.
* Mr. Gil-soo AHN who was arrested and detained on 1 May 2015 was released on 9 July 2015 after the final decision was made by the court. The court sentenced 10-month in prison with two years of probation. Therefore, as of today (20 July 2015), six human rights defenders are detained due to their participation to the protests related to the Sewol ferry disaster.
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