A/HRC/22/57
concern due to their excessively broad scope and the way that the authorities might use
such provisions to repress political dissent. He noted for instance that there are “14 types of
anti-State, anti-people crimes; 16 types of crimes of disturbing the national defence system;
104 types of crimes of injuring the socialist economy; 26 types of crimes of injuring the
socialist culture; 39 types of crimes of injuring administrative systems; and 20 types of
crimes of harming socialist collective life. Several may be punished with the death
sentence.”47
36.
In 2012, the Special Rapporteur stressed that a number of provisions in the Criminal
Code fall below the standard required to ensure that due process of law is maintained and
the rights of people are respected; for instance, the definition of “labour training” and
“training detention facilities” remains unclear; the possibility of a broad interpretation of
the category of “political crime” remains; and elements such as “crimes by association” are
maintained in several parts of the Criminal Code. Similar vague terms, such as “extremely
grave crime” and “reform through labour”, are contained in an addendum to the Criminal
Code, which was adopted on 19 December 2007.48 A number of provisions of the Criminal
Code also stipulate punishment for acts that would not normally warrant criminal liability. 49
All these provisions can be the basis for arbitrary.
37.
One particularly worrying practice, widely documented by the United Nations, is
detention due to guilt by association: when a person is punished for a political or
ideological crime, members of his or her family are also punished. As early as 2005, the
Special Rapporteur had denounced forms of collective punishment based upon „guilt by
association.‟ The Special Rapporteur noted that this practice “has both horizontal and
vertical impact – horizontal in that it leads to the persecution of immediate family members
and vertical in that it may lead to the stigmatization of subsequent generations, given that
the authorities keep records of families as part of the iron grip on the population.” 50
38.
Political prison camps are another issue of serious concern. In 2011, the Special
Rapporteur stated that in Kwalinso 15 and Yodok camps, thousands of people are believed
to be held by reason of “guilt by association.” The majority of such people reportedly do
not seem to know the reasons for their imprisonment or what crimes they are accused of. 51
39.
Several United Nations reports also document the detention of the citizens of the
Democratic People‟s Republic of Korea, who return to their country after deportation,
including victims of trafficking, in violation of their rights. In a joint urgent appeal by
several Special Rapporteurs, it was stated that according to the information received,
nationals of the Democratic People‟s Republic of Korea commit a criminal offence if they
leave the country without official permission, punishable by up to two years in a labour
training camp (nodongdanryundae) or a detention centre (jipkyulso), in grave cases up to
three years. Defection to a foreign country or to the enemy in betrayal of the country and
the people is also a criminal offence punishable by no less than five years of detention in a
political labour camp (kwanliso) or a re-education labour camp (kyohwaso).52 The 2012
report of the Special Rapporteur to the General Assembly notes that article 233 of the
Criminal Code foresees up to five years of labour for anyone illegally crossing the border of
47
48
49
50
51
52
A/HRC/4/15, para 12
A/HRC/19/65, para 34
A/67/370, para 29
A/60/306, para 19
A/66/322, paras 60-63
E/CN.4/2006/52/Add.1, paras 62-65, joint urgent appeal sent by the Special Rapporteurs on the
Independence of judges and lawyers; Freedom of religion or belief; Torture; Trafficking; Violence
Against Women; and the Democratic People‟s Republic of Korea
19
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