Free Suh Joon sik!

SARANGBANG Group for Human Rights
TEL : +82-2-741-5363 FAX : +82-2-741-5364
E-MAIL:rights@interpia.net
Web: http://www.interpia.net/~rights
4th Fl., 8-29, Myunglyun-2Ga Dong, JongRo-Gu, Seoul, Korea
(110-522)
--------------------------------------------------

Human Rights and Peace Loving Friends,

We'd like to express our gratitude for your organization's interest in the improvement of human rights situation in Korea, and particularly, in the arrest of Mr. Suh Joon-sik, representative of Sarangbang Group for Human Rights.

Mr. Suh is presently in custody at the Young-deng po jail and his first trial is going to be held on 15 January 1998. The law that Mr Suh is held for has long been under inter/national criticism as a law that obstructs freedom of expression and basic human rights. For this reason, we expect a fierce legal battle at the trial. We would like you to keep showing your interest and support for Mr. Suh as you did when he was first arrested.

As you are already aware of, candidate, Kim Dae Jung has been elected as the new president of Korea, and he is known in the international world as an activist for democracy. We hope that in the new administration all prisoners of conscience will be released. For this to happen, your interest and influence is absolutely necessary.

Therefore, we appeal to you for your support and solidarity.

- write letters urging President Elect, Kim Dae-Jung to release Mr. Suh Joon-sik.

President Elect, Kim Dae-Jung
The National Congress for New Politics
150-748
Seoul, Korea
Fax : +82-2-784-6070

-write letters urging Korea embassy in your respective countries to release
Mr. Suh Joon-sik.

-contribute articles to influential newspapers in your country about the
arrest of Mr. Suh.

-write letters of support to Mr. Suh.

Suh, Joon-sik (Prisoner number 3444)
(152-081) Younddeungpo detention house, 102 Gochuck 1 Dong, Guro Gu,
Seoul, Korea

-organize campaigns for the release of Mr. Suh in your organizations and
let us know.

Please keep up your interest for the release of Mr. Suh Joon-sik. Thank
you.

Human Rights Defender, Suh Joon-sik, Detained

Suh Joon-sik is a former prisoner of conscience and was imprisoned at 1971 for 17 years and again at 1991 for 6 months. He is currently the representative of <SARANGBANG Group for Human Rights> which is an independent and professional organization that is active in the protection and watch of human rights. For the purposes of mass education of human rights, Suh held two Human Rights Film Festivals in 1996 and in 1997. This festival refused censorship imposed by the government. He was arrested on November 5th, 1997 related to the festival and is presently in custody at Young-deng po detention center.
Introduction of Suh Joon-sik

25 May, 1948 : born in Japan.

1971 : arrested in violation of the National Security Law.

1972 ; sentenced seven years in prison.

1973 : As he was severly tortured, he tries to end his life by suiside, but the attempt was failed and survived.

1978 : He served out his time in 27 May.

1978 : However he was re-imprisoned under the newly established another type of National Security Law. The law was an unconstitutional act; Now, it is revised version of the Secure Surveillance Law; the law forces political prisoners to change their ideology and to write a note which they resigned their own thought. Suh Joon-sik struggled for repeal of the law in prison. He did hunger strik for forty days at the risk of his life.

25 May, 1988 : He was released after seventeen years imprisonment.

1989-1991 : Co-chairperson of Mongahup Group for Human Rights.

1991 : imprisoned again in violation of the Security Surveillance Law; He failed to report reqularly to police under the terms of his previous release. He was the first victim of the Secure Surveillance Law. He served for six months in prison.

1993 : He founded Sarangbang Group for Human Rights. He is a director of Sarangbang.

1996 : He organized the 1st Human Rights Film Festival. The purpose of the festival is to abolish media censorship which is conducted by the Korean government.

September 1997 : He organized the festival again.

5 November 1997 : He was arrested again, under the National Security Law, for organizing a human rights film festival, for "praising" an "benefitting" North Korea. This is the third arrest of him.

1. Background Chronology

- Sep. 27 - Oct. 3 : The 2nd Human Rights Film Festival opened on September 27 at Hongik University. However it ended one day earlier than originally scheduled due to the mounting pressure from police to arrest more activists. The organizers of the festival had to face obstacle from the beginning because of their refusal to submit films for government censorship. - Oct. 8 : Appearing in Mapo Police Department, Suh was investigated and them came back home.

- Oct. 23-24 : The screening of the festival in In-chon was interrupted by the police taking three executors to police station.

- Oct. 30 : Mapo Police Department asked Suh's re-appearance but Suh rejected over the phone for his schedule.

- Nov. 4 : The Seoul Police Agency Security Devision arrested Suh from Sarangbang office, carried out a seizure and search for the office and Suh's home.

- Nov. 5 : An arrest warrant was issued for Suh without direct questioning of the suspect by a judge.

Nov. 8 : The review of legality for confinement for Suh was dismissed.

- Nov. 13 : <Joint Measure Committee for Suh's Acquittal> was organized at Catholic Hall, compromising 27 groups(after, 33 groups). The committee decided to demand Suh's release and to make continuous protest against laws oppressing freedom of expression.

- Nov. 25 : The screening of <RED HUNT> started at Inha University in Inchon. Kim Ki-young, Inchon District judge, dismissed the police's request of a seizure and search warrent for the university; on grounds that ¨ç an expert opinion of 'Public Security Institute', presented by the police, was not enough to prove <RED HUNT> as a material benefiting North Korea, and that ¨è taking a seizure and search before the film showed would cause the abuse of freedom of expression as another pre-censorship.

- Nov. 28 : Constitutional Court judeged the constitutionality of the Secure Surveillance Act. Kim Young-ho, judge of western branch of Seoul District Court, prosecuted Suh for violating National Security Law, Secure Surveillance Act, Regulations on Records and Video Works, Regulations on donations an collection of funds, and Regulations on breaking and entering.

- Dec. 1 : The defense counsel of 101 lawyers was formed around lawyer Choi Young-do, leader of <MINBYUN, Lawyers for a Democratic Society>.

Dec. 8 : Suh was decided to win the Human Rights Prize of the KNCC.

- Dec. 8-10 : The protest demonstration took place at Myungdong Catholic. The police issued a summons three times against Cho Sung-bong, director of <RED HUNT>. The police did also one times against priest Moon Gyu-hyun. Two students, including vice-president of Student Association of Inha University, was investigated at police department.

- Jan. 15. 1998 : Suh's first trial is going to be held at western branch of Seoul District Court.

2. Charges

Suh Joon-sik is charged for violating these following laws: National Security Law, Regulations on donations an collection of funds, Regulations on records and video works, Security Surveillance Act, and Regulations on breaking and entering. Most of these laws are nefarious legislations that encroach upon human rights and freedon of expression. These laws have been the subject of criticism from inter/national authorities and some await decisions from the Constitutional Court. Suh, along with all conscientious members of the world community that seek to protect human rights and liberty, will go against these laws.

1) National Security Law

1998 is the year that marks the 50th anniversary of the enactment of the National Security Law. In those 50 years, it was used to indiscriminately imprison thousands of political prioners. Human rights activists have argued for the abolition of this law for a long time. This is because many clauses of the law are so ambiguous that it can easily be manipulated. In recent years, hundreds of innocent persons were imprisoned for "praising" or "taking the side of" North Korea and for being "involved in anti-state activities" using these clauses. In addition, international authorities including UN Human Rights Committee, UN Special Rapporteur on right to freedom of opinion and expression, and International Amnesty have recommended the Korean government on several occasions to amend the National Security Law to meet international standards.

Like any country, Korea needs a legal structure to ensure national security. But interests of Korean national security have focused instead on legitimizing the infringement of human rights of members of peaceful political organizations. Past administrations have manipulated the threats from the north as excuses to suppress opinions of political opponents, especially those that are liberal or progressive. Activities of the press, publishers, artists, and writers have been limited through the application of the National Security Law.

This is illustrated clearly in the arrest of Suh Joon-sik. There are two big reasons why Mr. Suh is accused of violating the National Security Law. First, the administration argue that the screening of the film, "Red Hunt" at the Human Rights Film Festival by Suh is an act that aids North Korea. But, they did not find a problem with the producer of "Red Hunt" nor with the screening of the film at Pusan International Film Festival. This shows that the law can be applied through arbitrary decision of the administration that makes us doubt the law's equity.

-What kind of film is "Red Hunt"?

At the southern extremity of the Korean peninsula, there is an island called Cheju. In 1848 after Korea's liberation from Japanese colonial rule in 1945, estimates ranging from 30 thousand to 80 thousand people were slaughtered out of the 270 thousand total population of this small island. After 50 years, people still fear to talk about this incident openly. That is because the principal offenders of the slaughter are still the ones with the power in Korea.

At 1948, Korea was in serious social chaos and conflict facing independent elections in South Korea, thereby threatening to fasten the division line firmly in place. Amidst this social chaos, "red hunt" against inhabitants of Cheju island were initiated by American military government, extreme rightists, and the police. These extreme rightists committed assaults, torture, murder, arson against Cheju islanders, and resistance against these rightists by the islanders is called, "4.3 Resistance" 4.3 is one of the most tragic events in Korean modern history and only recently, movements to find out the truth of '4.3' have started centered around Cheju.

"Red Hunt" is a documentary that contains testimonies of victims that survived this massacre as one part of this movement to reveal the truth of "4.3". Testimonies of victims that are now in their 60's and 70's, abundant historic evidence, and commentary by historians are the main storytellers in the documentary.

Second reason of Suh's arrest is that he was in possession of "True Beginning", a collection of poems by the poet, Park No-hae, also a prisoner of conscience in detention for 7 years and the subject of international attention.

The police argue that Suh aquired and possessed this book to aid in the activities of the north knowing that it calls for a establishment of a socialist country.

However, Park No-hae is a poet loved by many people and his poetry is a bestseller that can be found in any Korean bookstore. So the assertation of the police that the possession of the book by Suh is an act that aids the north shows how the National Security Law is an unreasonable legislation.

In addition, confiscation of the book by the police is also a problem. The charge of possessing the book is unrelated to the original arrest of Suh. But the custom of the Korean police and prosecuting authorities is to perform a overly extensive and ambiguous search and to find an unrelated "crime." The day of Suh's arrest, the police searched the office of the Group for Human Rights and his residence. The subject of investigation was related to the film, "Red Hunt,"but they confiscated many materials unrelated to the film. Of course, Suh was not part of this search. Included in these things confiscated was the collection of poems. We expect a legal battle to bring the validity of the evidence gathered through such unreasonable search-and-seizure. Suh will point out the problems of the unreasonable search-and-seizure during the trial.

2) Regulations on Breaking and Entering

In Korea, screening of films in ordinary theaters without being subject to government imposed censorship is illegal. Therefore, Human Rights Film Festival sought to hold the festival in a less restricted university campus. However, the government pressured the university administration to forbid the lending of the facilities. Already refused by several places, the film festival committee accepted the invitation of the Hong-ik University Student Association. But the school pressured by the government (National Security Agency, police, Department of Education, and Department of Sports and Recreation) closed off school facilities that were scheduled to screened the films and shut off the electricity. So, the film festival committee proceeded to screen films in student rest areas and outdoor staircases using power generators.

These activities were construed as acts of trespassing, therefore in violation of regulations on breaking and entering.

3) Regulations on Donations and Collection of Funds

The Human Rights Film Festival that was held for the purposes of mass education of human rights was open to everyone at free of charge. Also, our principle was not to accept any donations from government agencies nor private corporations. Therefore, funds necessary to operate the film festival came from generous donations from sponsors. People that supported the cause of the film festival donated 10,000 won (approx. $6) and became sponsors. The festival executive committeee regularly sent them newsletter and distributed festival pamphlet and commemorative button to those who became sponsors.

But, the regulations on donations and collection of funds categorize this as an illegal activity. Acccording to this legislation, "anyone who wishes to obtain donations or collect funds must get permission from Secretary of the Interior, mayor of the respective city, governor of the respective province following the specifications set by the president. Anyone that violates this law can be sentenced up to 3 years in prison and/or fined up to 30,000,000 won(approx. $20,000). This law was often criticized as a means to suppress activities of NGO's and awaits the decision of the Constitutional Court because it infringes upon the right to pursue happiness. Cases that have been prosecuted by this law are the following: conviction of Lee Su-ho ('89 Korean Teacher's and Educational Worker's Union Secretary) related to the collecting of funds for 1989 Korean Teacher's and Educational Workers Union founding rally, 1995 arrest of Kwon Yong-gil (present Korean Confederation of Trade Unions Chairperson) related to collection of donations for formation of KCTU, '97 search-and-seizure of office of the National Confederation to send aid to North Korean Famine Victims. As these cases show this law is tool of the government to suppress independent activities of citizen organizations.

4) Censorship, Regulations on Records and Video Works

The Human Rights Film Fesitval was the only film festival in Korea that did not receive the "pre-censorship" required by law. Other film festivals, including the Pusan International Film Festival, all received censorship, but the Human Rights Film Festival had to protect the basic right of the freedom of expression and so refused the pre-censorship knowing that this would do us harm. The government, for the reason that the film festival did not receive the pre-censorship, exerted pressures to prevent the festival from renting facilities, and surrounded the location of the festival with police to prevent people from attending the festival. And ultimately, they arrested Suh Joon-sik, the executive committee chairperson of the festival.

On October 1996, the Constitutional Court ruled that pre-censorship unconstitutional, but the inferior law, Regulations on Record and Video Works, still imposes the pre-censorship. This law is awaiting the decision of the Court as well.

The film festival had to use video tapes instead of film reels because of lack of funds. So, according to this law, all films screened in the festival had to receive the pre-censorship. But the Human Rights Film Festival considered the protection of the basic right of freedom of expression as our number one priority so refusing the censorship was a logical result.

5) Secure Surveillance Act

Present Korean prisoners usually go through a process called "secure surveillance" when they reach the end of their sentence. If one does not want to become a subject of the security surveillance, one must be "converted" by relinquishing former convictions. This "conversion" clause is used by the prison authorities to force political prisoners to sign a confession to relinquish communist ideologies. Those prisoners that refuse this conversion are exempt from privileges and rights that other prisoners get and are elimintated from the possibility of parole. And after they complete their sentence, they are subject to the security surveillance. Suh Joon-sik refused the conversion and has worked hard more than anyone to get this law abolished. So in 1991, he became the first one to be arrested for violating this law.

The security surveillance is handled by the Executive Administration, not by the prosecuting authorities and those that are subject to security surveillance must report to the government of matters that should remain private. Particulars for reporting include the address, phone numbers of employment, information about other persons under security surveillance that corresponded with the one concerned and the date, place of correspondence, and travelling itinerary. Also, the district attorney and the police can observe the activities of the subject of surveillance, and can prohibit him from attending demonstrations. One of the reasons for Suh's arrest was that he did not execute his "reporting" duty in the meantime. Ordinarily there was a police officer assigned to Suh to watch his activities and Suh refused to "report" what they already knew. He refused it because he believed that this law infringed upon basic human liberties, including right to privacy, freedom of mobility, and freedom of ideas and conscience. Suh also petitioned the Constitutional Court to repeal this law believing it to be against the spirit of the Constitution. However, the Court decided after Suh's arrest that the law was constitutional.

During the investigation of Suh, the goverment pressed him about the trips he made to International Human Rights Conference held at Vienna in '93, to London Amnesty in '97 and other trips abroad. Suh's trips abroad was one of his human rights activities, and questioning these legitimate activities is the Security Surveillance Act. 3. Plan of Action - Here's What You Can Do

- write letters urging President Elect, Kim Dae-Jung to release Mr. Suh Joon-sik.

President Elect, Kim Dae-Jung
The National Congress for New Politics
150-748
Seoul, Korea
Fax : +82-2-784-6070

-write letters urging Korea embassy in your respective countries to release Mr. Suh Joon-sik.

-contribute articles to influential newspapers in your country about the arrest of Mr. Suh.

-write letters of support to Mr. Suh.

Suh, Joon-sik (Prisoner number 3444)
(152-081) Younddeungpo detention house, 102 Gochuck 1 Dong, Guro Gu, Seoul, Korea

-organize campaigns for the release of Mr. Suh in your organizations and
let us know.