A/HRC/22/57 social group, two of the five conditions established by the Convention relating to the Status of Refugees.”125 100. The Special Rapporteur further argues that even if certain persons may not fit the definition of refugee when they leave the Democratic People‟s Republic of Korea, because the sole circumstance motivating their movement is economic hardship, they may become refugees sur place – because they have a valid fear of persecution upon return, given that leaving the country without authorization is a criminal offense. 126 101. In the Democratic People‟s republic of Korea, it is a criminal offence for citizens to leave the country without permission. Therefore, punishment facing citizens of the Democratic People‟s Republic of Korea who have been repatriated from abroad raises serious concern. 102. On 18 November 2005, the Special Rapporteur sent a communication in connection with two groups of the Democratic People‟s Republic of Korea nationals who were deported back to their country by a neighbouring country against their will. The first group consisted of five women and two men who were deported on 29 September 2005, after having sought asylum in a foreign school in a neighbouring country. The second case related to a group of four women and one man who also sought asylum in a foreign school in a neighbouring country, who were returned to the Democratic People‟s Republic of Korea against their will in October 2005. The Special Rapporteur requested the Government of the Democratic People‟s Republic of Korea to provide him with information on the current whereabouts and status of the above-mentioned groups and expressed concern about their safety. He further urged the Government to abstain from punishing the returnees for having left without an exit visa and to ensure their safety. In its reply, the Government reiterated its position that it did not recognize the mandate of the Special Rapporteur and therefore did not wish to meet or communicate with the Special Rapporteur regarding human rights issues. 127 103. Several persons interviewed by the Special Rapporteur have had experience with forced return to the country of origin and the punishments inflicted. If those who had left the country were “first-timers” without political affiliations, they would be questioned upon return without necessarily being punished. If they had left several times and subsequently returned, punishments would be increased accordingly, beginning with re-education and forced labour. If they had had access to religious groups or non-governmental organizations in neighbouring countries, they would be punished severely, with long-term incarceration in political prisons for those seen as being antithetical to the regime in the country of origin. 128 104. The Special Rapporteur noted in his 2007 report that during certain periods, there has been a slight relaxation of the control imposed on migrants. Article 233 of the revised 2004 Penal Code defines „border crossing‟ broadly as „those going and coming across the border‟ instead of „simple crossing‟ in the old Penal Code. Furthermore, the level of the mandatory sentence for the crime of „illegal going and coming across the border‟ was reduced from three years to two years of „labour training‟ punishment. Since two years of „labour training‟ is equivalent to one year of „correctional labour‟, the level of punishment was reduced from three years to one year of „correctional labour.‟” 129 125 126 127 128 129 A/67/370, para 61 A/67/370, para 62 E/CN.4/2006/35, paras 36-40 A/HRC/4/15, para 23 A/HRC/4/15, para 21 31