A/HRC/25/63
5.
The mandate further indicates that the inquiry should pursue three interlinked
objectives:
(a) Further investigating and documenting human rights violations;
(b) Collecting and documenting victim and perpetrator accounts;
(c) Ensuring accountability.
6.
The commission paid specific attention to gender-based violations, particularly
violence against women, and the impact of violations on particular groups, including
women and children.
7.
Paragraph 5 of Council resolution 22/13 does not limit the temporal scope for the
commission’s inquiry to a particular period within the existence of the Democratic People’s
Republic of Korea.
8.
With regard to its geographic scope, the commission interpreted its mandate to
include violations committed on the territory of the Democratic People’s Republic of
Korea, as well as those violations that involve extraterritorial action originating from the
State, such as abductions from other countries. The commission also considered violations
that causally enable, or are the immediate consequence of, violations in the Democratic
People’s Republic of Korea, and made findings regarding the extent to which other States
carry relevant responsibility.
A.
Non-cooperation by the Democratic People’s Republic of Korea
9.
In its resolution 22/13, the Human Rights Council urged the Government of the
Democratic People’s Republic of Korea to cooperate fully with the commission’s
investigation, to permit the commission’s members unrestricted access to visit the country
and to provide them with all information necessary to enable them to fulfil their mandate.
Immediately after the adoption of resolution 22/13, the Democratic People’s Republic of
Korea publicly stated that it would “totally reject and disregard” it. In a letter dated 10 May
2013, it informed the President of the Human Rights Council that it “totally and
categorically rejects the commission of inquiry”. Regrettably, this stance has remained
unchanged, despite numerous attempts at engagement by the commission.
10.
The Democratic People’s Republic of Korea did not respond to the commission’s
repeated requests for access to the country and to information on the human rights situation
(see sect. III below).
11.
The Commission shared its detailed findings (A/HRC/25/CRP.1) with the
Government of the Democratic People’s Republic of Korea, and invited its comments and
factual corrections. A summary of the most serious concerns, in particular the principal
findings on crimes against humanity, was also included in a letter addressed to the Supreme
Leader of the Democratic People’s Republic of Korea, Kim Jong-un (see annex I). In the
letter, the commission drew attention to the principle of command and superior
responsibility under international criminal law. It urged the Supreme Leader to prevent and
suppress crimes against humanity, and to ensure that perpetrators are prosecuted and
brought to justice.
B.
Methods of work
12.
Owing to its lack of access to the Democratic People’s Republic of Korea, the
commission obtained first-hand testimony through public hearings that were transparent,
observed due process and protected victims and witnesses. More than 80 witnesses and
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