An URGENT APPEAL by MINKAHYUP - Human Rights Group
2FL, 592-7 Changshin-2-dong, Jongno-ku, Seoul 110-542 Korea
tel: 82-2-763-2606 fax: 82-2-745-5604

FROM: Nam Kyu-sun, Secretary General/Suzy Kim, International Secretary
DATE: 1 February 1998
No. 1998 - 4 (1 February 1998)

Buddhist Committee for Human Rights' under Attack

Buddhist Monk 'Suraeh' Sentenced to 2 Years under
National Security Law

I. Case Overview
With the two members of the Buddhist Committee for Human Rights behind bars, followed by the recent arrest of human rights activist Suh Joon-shik, many fear that the rights of human rights activists are not being appropriately safeguarded. After the arrest of Buddhist monk Jin-kwan, the Co-chairman of the Buddhist Committee for Human Rights, on 1 October 1996, buddhist monk Suraeh, staff officer of the same organization, was arrested on 26 March 1997. He was sentenced to 2 years and 6 months under the National Security Law (NSL) on 23 September 1997 in the first trial, and is currently under appeal.


Suraeh had been arrested on 26 March 1997 at approximately 7:00 a.m. by some 10 officers from the Agency for National Security Planning under allegations of communicating with anti-state figures, and divulging state secrets. Jin-kwan was sentenced to 3 years and 6 months on 26 December 1997 [Refer to document #1998-3 for details on Jin-kwan's case] also under the National Security Law for his human rights activities to return 3 former long-term prisoners (prisoners from the Korean War) to north Korea.

The Buddhist Committee for Human Rights had been actively pursuing the campaign to return the former prisoners to their homes in north Korea since 1995. In the process, there was dialogue concerning the return of the former prisoners with the Chosun Buddhist Alliance of north Korea and issuance of a joint statement of prayer for the release of prisoners of conscience. In January 1996, a fund-raising event was organized by the organization to help the prisoners of conscience detained in 1995 involved with the case of 'Pomminnyon' (Pan-National Alliance for Reunification - an organization working for the peaceful reunification of Korea with headquarters in south Korea, north Korea, and outside the Korean peninsula, including Germany and Japan. The government has branded it an enemy-benefitting organization). The Reunification Board, a government organ, had threatened to bring charges against the Buddhist Committee for Human Rights for unauthorized activities with north Korea concerning the return of the former prisoners.

Inspite of such threats however, in February 1996, during a visit to Germany to speak on behalf of Jin-kwan on the issue of 'Buddhism and Human Rights' for a group of Korean immigrants, Suraeh delivered a proposal addressed to the Chosun Buddhist Alliance for a preparatory meeting between the Buddhist Committee for Human Rights and the Chosun Buddhist Alliance concerning the return of the former prisoners. Suraeh delivered the written proposal to the north Korean embassy in Frankfurt, Germany on 19 February 1996. While at the embassy, he was given a letter for 'Pomminnyon' headquarters in south Korea. During his stay in Germany between 15 and 22 February 1996, he met with several members of Pomminnyon headquarters in Europe, exchanging ideas about the reunification movement and the famine conditions in north Korea. In that time, he was shown some films made in north Korea.

Upon his return to south Korea, he attended a meeting held by the south Korean headquarters of Pomminnyon in August 1996, at which time he was handed the position of leading the Reunification March scheduled for several days before the 15 August commemoration day of Korea's liberation from Japanese colonial rule in 1945. Since 1990, the Pan-National Reunification Rally had been held every year by Pomminnyon and university students around the time of the 15 August Liberation Memorial Day to urge the governments for a peaceful reunification of Korea. The Reunification March is a prelude ceremony to the actual rally, in which teams of university students tour across the country to publicize the issue of reunification. The peaceful marches and rallies sometimes escalate into violence when security forces are mobilized to stop the march. Jin-kwan was handed the position of executive director, to oversee the Pan-National Reunification Rally, scheduled for 14 and 15 August 1996.

Beginning on 4 August until 9 August 1996, Suraeh went on a national tour joined by university students from each area. They held signature drives, sit-down protests, rallies, and demonstrations across the country calling for the peaceful reunification of Korea, signing of a peace treaty between north Korea and the U.S., repealment of the National Security Law, release of prisoners of conscience, withdrawal of U.S. troops from the Korean peninsula, and aid for north Korean famine relief. It is reported that there were some confrontations with the police.

Upon the return of the march to Seoul on 9 August, Suraeh and a couple of hundred students went to Yonsei University, where the reunification rally was scheduled in the coming days. However, when thousands of police forces were mobilized to seal off the campus, Suraeh was trapped inside the campus until 19 August 1996. During the ten-day confrontation between the students and security forces between 10 and 20 August 1996, the authorities mobilized an unprecedented 21,000 police officers, 5,000 special task force officers, an average of 1,000 tear gas bombs per day, and 12 helicopters, resulting in over 5,000 arrests and over 500 indictments. [Refer to document #1996-2 and #1996-3 for more details on the Yonsei Univerity case] Gross violations on human rights were extensively reported during and after the demonstrations in the process of arrest and interrogation.

After leaving Yonsei University, Suraeh joined the sit-in protest at Myoungdong Cathedral, which had been set up between 16 August and 17 September 1996 by some 30 non-governmental organizations demanding a stop to the excessively violent suppression of students. On 14 September at approximately 10:30 p.m., it is reported that Suraeh had gotten into a squabble with one of the maintenance personnel on the church premises when the man tried to take down the tent where the protestors had been housed during the sit-in. Although Suraeh claims that there were no serious injuries, the man filed suit for his broken glasses and injuries requiring 6 weeks of recovery.

II. Charges & Allegations

In the first trial, the Seoul District Court ruled that Suraeh's visit to the north Korean embassy in Germany constitutes escaping to and infiltrating from enemy territory in violation of Article 6 of the NSL. Moreover, talking to officials at the embassy and meeting the Korean immigrants in Germany were rendered as communicating and meeting with anti-state figures under Article 8, Clause 1 of the NSL. His activities with Pomminnyon have been prosecuted under Article 7, Clause 3 of the NSL for joining an enemy-benefitting organization. He has also been convicted under Article 7, Clause 1 of the NSL for supporting anti-state activities and praising north Korea.

Although the prosecution had tried to include a conviction for divulging state secrets (NSL, Article 4), the court ruled against it. The prosecution and the ANSP had alleged that the conversations with Pomminnyon members in Germany and the officials at the north Korean embassy constituted state secrets, while materials taken to the Pomminnyon members by Suraeh were also considered problematic. The materials included the Buddhist Committee for Human Rights activities report, the committee's plan of action for 1996, and 3 video tapes - 'A Mother's Purple Handkerchief' (a documentary about the struggles of families of prisoners of conscience made by MINKAHYUP Human Rights Group); 'Fabricated Espionage Cases' (a documentary about fabricated espionage cases in south Korea made by the Catholic Human Rights Committee); and 'People Beyond Division' (a documentary about the lives of former long-term prisoners of conscience). The ANSP and the prosecution had also alleged that the gifts from the Pomminnyon members constituted illegal acquisition of funds under Article 5 of the NSL, but the court failed to convict Suraeh under Article 5.

Suraeh has also been convicted under the Assembly and Demonstration Law, Law against Violence, and trespassing for having participated in the Pan-National Reunification Rally at Yonsei University and the Reunification March.

In addition, the court convicted him of man slaughter for the squabble with the maintenance personnel at Myoungdong Cathedral, but this appears to be an attempt by the authorities to discredit his position as a human rights activist.

III. Conclusion

In a period of economic instability in the Asia region and political change of power in south Korea with the recent presidential election, human rights is an issue much too often overlooked under the pretext of more urgent and dire matters. However, it has been proven time after time throughout history that without the proper protection and respect for human rights under the premise that all rights - whether it be political, economic, or social rights - are universal and indivisible, no economic growth or political power can be maintained or enjoyed by all members of society.

The crack down on the activities of the Buddhist Committee for Human Rights was followed by attempts to put a stop to the Human Rights Film Festival sponsored by Sarangbang Center for Human Rights, ultimately leading to the arrest of its director, Suh Joon-shik. When human rights activities and the activities of human rights activists can not be protected, it is needless to list the consequences on the condition of human rights in general. We urge the current government to stop hindering human rights activities for political purposes, and likewise urge the next administration under the new president to release all prisoners of conscience immediately and unconditionally, fulling protecting all human rights.


Plan of Action - Here's What You Can Do:

Send letters, statements, appeals, faxes protesting against human rights violations and for the release of prisoners of conscience to the Korean government, Korean Embassy/Consulate in your country, and urge others to do so.
Urge government officials, organizations, the press & media, and other figures to take up the issue.
Statements, press releases, commentaries may be written to publicize the issue in the national and local media and the press.
Send pictures and materials of your activities back to us for publicity in Korea.
Send appeals to:

President Kim Young-sam
The Blue House
1 Sejong-no, Chongno-gu
Seoul 110-050, KOREA
Telegrams: President Kim, Seoul, Korea
Telexes: 24651 or 24652
or 24653 WOIMUBU K
Fax: +822 770 0253

Minister Kim Jong-koo
Ministry of Justice
1 Chungang-dong, Kwachon-myon
Shihung-gun, Kyonggi Province, 427-010, KOREA
Telegrams: Justice Minister Ahn, Shihung-gun, Kyonggi Province, Korea
Telexes: 24757 MOJUST K
Fax: +822 504 3337

Mr. Hwang Yong-ha, Chief
National Police Administration
209 Mi Kun-dong, Sudaemoon-gu
Chongno-gu, Seoul, KOREA
Fax: +822 720 2686

Mr. Kim Tae-jong
National Prosecutor's Office
1724 Seocho-dong, Seocho-gu
Seoul, KOREA
Fax: +822 3480-2550