Photo shows (from the left) KIm In So, Han Se Hwan, Kim Yong Tae,at a press conference held in Seoul in May, 1996
More than 40 years after the Korean War, three dying old “unconverted” POWs ― Kim In So (70), Ham Se Hwan (66), Kim Yong Tae (66) ― are still denied freedom, not allowed to go back to Pyongyang in flagrant violation of international law and practice.
The three former KPA (Korean People's Army) soldiers were captured by the south Korean army during the Korean War (1950-53). All of them were unreasonably incarcerated in prisons for more than 30 years (See chronology) simply because they did not renounce their creed to the DPRK. Article 18 of the Universal Declaration of Human Rights reads: “Everyone has the right to freedom of thoughts, conscience and religion.”
Behind iron-bars, they experienced nightmare-like torture justified by the *National Defense Security Law as *Kim Son Myong, the world longest-serving POW who braved a whopping 45-year prison raps, confessed last year in his interview with News Maker, a vernacular monthly.
Although released in 1989 following the abolition of the “Social Security Law,” they are technically held in a foreign land with no family members count on, which is also serious violation of the Article 118 of the Geneva Convention Relative to Treatment of Prisoners of War: “Prisoners of war shall be released and repatriated without delay after the cessation of active hostilities.”
The poor old POWs are subject to severe restrictions imposed by Seoul’s agency, which still continues its round-the-clock surveillance over the dying old men as potential threats to south Korean national security.
The oldest Kim In So, now living in Kwangju along with Kim Yong Tae in a house prepared by *Minkahyup, has been suffering from cerebral hemorrhage and severe paralysis in his lower body. Yet, no medical experts are around poor Mr. Kim.
Last September, the DPRK Red Cross Society informed the south Korean counterpart of its readiness to send Seoul medical staffs and two daughters of Kim In So for his first-aid treatment and nursing as Kim did not receive any medical assistance.
South Korea's Red Cross, however, flatly turned down the proposal while bringing in irrelevant issues such as, “reunion of separate families” or “resumption of inter-Korean talks.”
“I demand once again that the south Korean side immediately send Kim back to his home in keeping with the basic principles of Red Cross activities before it is too late,” said Ri Song Ho, active chairman of the Central Committee of the Red Cross Society of the DPRK.
“I believe you can imagine how hard it is for an old man like me to manage solitary life with no family members rely upon... We, human beings, are given equal rights to pursue freedom and happiness in leading our daily life,” moaned Kim Yong Tae in his letter sent to the U.N. High Commissioner for Human Rights last August.
In the letter, Ham Se Hwan, who is reportedly living alone in Taejon city, also appealed to the U.N. organ to help him back home.
“Everyone has the right to leave any country, including his own, and to return to his country,” said Mr. Ham, citing the Article 13 of the Universal Declaration of Human Rights.
This not withstanding, the Seoul authorities try to justify their refusal of repatriation, saying, “We cannot send them back home since they acquired south Korean nationality and conducted partisan activities with south Korean guerillas at the time of war.”
After all, they are completely wrong.
Firstly, as the DPRK claimed hundreds of times, the three old men clearly were soldiers of the north Korean army as they conducted partisan activities under the command of KPA. All of them never failed to identify their career as ex-KPA soldiers in their letters sent to the U.N. organs several times.
Secondly, nationality acquisition issue is “out of question” as the Paragraph 51 of Article III of the Korean Armistice Agreement stipulates they should have been repatriated to the DPRK within 60 days after the end of the Korean War.
(Note)
*Kim Son Myong
Officially recognized as the world longest POW by the Amnesty International, Mr. Kim, upon his much-awaited release, gave vivid description how the remaining POWs are tortured, harassed and ill-treated.
“They (prison guards) took me to the basement and tortured me as my prison term approached its expiration. Stinging all part of my body with needles, they forced me into political conversion. I also underwent water and electronic torture.
When I waged a hunger strike in protest against the torture, they thrust a tube through my nostrils and injected spoonfuls of salts into it.
I suffered from cataract and asked them to call for doctor. They refused since I was not converted.
My friends in prison were also denied their access to medical staff or even medicine, no matter how severely their body pained after the torture, unless they were converted.
My body chills whenever I recall that miserable days.”
*Minkahyup
Made up of south Korean mothers of all walks, Minkahyup (The Council of Family Movement for Realizing Democracy) has been revving up its drive to win freedom for all POWs in south Korea since its establishment in 1985.
Minkahyup estimates some 360 POWs are illegally held in the country though the south Korean government denied any knowledge of their whereabouts.
*National Defense Security Law
The National Defense Security Law (“said to be” proclaimed on July 5, 1948 jointly with the U.S) was nothing but a “ghost law” until it was abolished in 1962, according to News Plus, a leading vernacular weekly.
“Since the law did not undergo any legal approval by the parliament, no documents, not to mention of the issuance date of the NDSL found in the data room of Seoul government,” said the magazine.
In general, every domestic laws are required to be made public before it goes into effect and also required to be registered with its own “ID number” before it is reported in the official gazette of south Korea.
The magazine also revealed how cold-bloodedly the NDSL was abused in the name of “public security” and how instantly many citizens were executed.
“Given the brutality of the NDSL even the National Security Law of 80's appeared harmless. By invoking the NDSL, Seoul authorities were able to drag into court-martial and execute anyone suspected of “red” or “enemy-benefiting,” the magazine commented.
As the magazine points out, the judges at the military court did not hesitate making themselves “executioner” and went killing spree such as - “Death sentence to those standing in front! Life to others at the back!”
Copyright © 1997 The People's Korea. All rights reserved.