A/HRC/13/13 83. On the issue of abduction of Japanese nationals, the delegation noted that on 17 September 2002, DPRK-Japan Pyongyang Declaration was adopted during the visit of the Japanese Prime Minister. In the declaration, DPRK side affirmed that it would take appropriate measures to prevent the recurrence of such unhappy issue. Thereafter, a special committee was formed, nationwide investigations were conducted and the result thereof was informed to the Japanese side. DPRK has faithfully fulfilled its obligations under the various DPRK-Japan agreements in the spirit of the Pyongyang Declaration, which resulted in the complete settlement of the abduction issue. 84. On the independence and impartiality of the judiciary, the delegation mentioned that the correct understanding of this issue can be provided through systematic interpretation of the relevant provisions of the Constitution of the DPRK, namely articles 11, 164, 166 and 168. The Central Court is held accountable before the Supreme People’s Assembly or the Presidium of the Supreme People’s Assembly not for the judicial proceedings, namely hearing of and passing judgement on cases, but for the administrative work related to justice, that is, recruitment and training of personnel and logistics. The Supreme People’s Assembly under no circumstances can get involved or interfere in the treatment of individual cases, that is, judiciary proceedings. With regard to the leadership of the ruling Workers’ Party of Korea, its organizations can not operate outside the Constitution, as the Party itself exists within the State. The guidance of the Party over the judiciary is a policy guidance to ensure independence and law observance in the judicial activities. 85. On torture, inhuman or degrading treatment or punishment, the delegate noted that Criminal Law of the DPRK in its article 253 defines as crimes such acts as interrogating persons by torture or other illegal methods and exaggerating or fabricating cases. The Criminal Procedures Law prohibits forcing a person to admit an offence by such coercive and conciliatory methods as torture or leading a statement, and provides that statements obtained by such methods are inadmissible as evidences. Any transgression of the regulations is liable to legal punishment of the person responsible. In DPRK, reform and detention facilities are operated by the people’s security organs, which were visited in the 1990s by some international NGOs including Amnesty International and some Western personnel. 86. Regarding the cause of refugee outflows and “punishment” of people upon their return or repatriation, the delegate stated that the illegal border crossing in the northern border area of the country is, in nature, not the issue to be assessed in the light of the 1951 Convention or 1967 Protocol on the Status of Refugees. In the mid-1990s the practices of illegal border crossing suddenly appeared due to economic reasons triggered by various factors. To cope with the situation, the government took a series of proactive measures. People’s power organs in the border areas conducted in-depth survey into the economically disadvantaged families and provided them with special support. In addition, the power organs made all necessary arrangements for the people to visit their relatives in the northeastern part of China upon their request. 87. Regarding women and human trafficking, the delegate welcomed international efforts to prevent and punish human trafficking and victims. DPRK strongly guard against the occurrence of such practices in the country. There are some people linked to outside forces seeking profit from human trafficking. DPRK is strongly against these practices and competent institutions are doing their best to identify and take necessary measures. 88. Regarding public executions, in some very exceptional cases, there are public executions for those criminals who committed very brutal violent crimes. These requests are often made by the families and relatives of the victims. In DPRK, death penalty is applied in very strictly limited crimes. 12