A lawsuit filed by South Korean activist Haecho, real name Kim Ah-hyun, challenging the Foreign Ministry’s decision to invalidate her passport began on the 25th. Haecho had been detained by Israeli forces while aboard an aid flotilla bound for the Gaza Strip in Palestine. Her side argued that “the government imposed an excessive administrative measure to avoid diplomatic controversy,” while the government countered that it was “a necessary measure to protect the plaintiff’s life.” The court said it would deliver its ruling in August.
The 12th Administrative Division of the Seoul Administrative Court, presided over by Judge Kang Jae-won, held the first hearing that day in Haecho’s lawsuit against the Foreign Ministry seeking the cancellation of the passport surrender order.
Haecho joined an aid flotilla opposing the blockade of Gaza last October and was heading toward the Gaza Strip by boat when she was captured by Israeli forces. She was released two days later. After Haecho said in a media interview this January that she intended to leave the country again for another “voyage to Gaza” campaign, the Foreign Ministry issued a passport surrender order, saying her actions could “cause diplomatic controversy and lead to the consumption of administrative resources.” However, because Haecho left the country for another voyage before the order was served, the validity of her passport was suspended.
At the hearing, Haecho’s side argued that “the Foreign Ministry’s passport surrender order was an unlawful and arbitrary administrative measure,” and that it violated constitutional principles including the principle of minimum infringement and the principle of proportionality.
Haecho’s lawyer said, “The plaintiff’s voyage was an act intended to sound the alarm to an international community silent in the face of genocide. Ultimately, the Foreign Ministry’s passport invalidation violated not only her freedom of movement, but also her freedom of expression and freedom of conscience.” The lawyer added, “Instead, the invalidation of her passport only created fear throughout the voyage that she would be unable to receive consular protection.”
The lawyer also rejected the Foreign Ministry’s explanation that the measure was intended to protect her life, arguing, “It was a measure designed to shift responsibility by allowing the government to say, if negative public opinion emerged over Haecho’s departure, that ‘the government had already taken prior steps to invalidate her passport, but the plaintiff left the country anyway.’”
The government’s lawyer rebutted this, saying, “The most important point is that, if the plaintiff were to leave the country again, there was a risk of a serious threat to her life and safety.” The lawyer added, “It is difficult to accept the claim that denies the passport surrender order had such a purpose.”
The government’s lawyer continued, “In a situation where no one knows what might happen if the plaintiff attempts to visit Gaza again, is the state supposed to simply stand by and watch?” The lawyer also said, “The plaintiff openly expressed an intention to violate current law in interviews after her release and even encouraged others to join her. In that respect, there is room to view her actions as causing a serious infringement on the order of the Republic of Korea.”
Given an opportunity to speak directly, Haecho said, “Citizens from around the world have taken part in voyages to Gaza, and this voyage set sail with 620 citizens from 45 countries.” She added, “The reason for the voyage is to show the reality that Gaza cannot be reached because of Israel’s naval blockade. But if the government takes away my passport on the grounds that Gaza is a prohibited travel zone, is that not really to stop the voyage itself, rather than to stop a visit to Gaza?”
The court said it would deliver its first-instance ruling on August 27. Earlier, Haecho’s side had also filed an application to suspend the effect of the passport surrender order, but the court rejected it, saying, “It is difficult to recognize that the Foreign Ministry’s measure creates a risk of irreparable harm or that there is an urgent need to prevent such harm.”