A/HRC/22/57
recommended that the Democratic People‟s Republic of Korea refrain from public
executions and work towards abolishing capital punishment. 113
88.
In 2008, the Secretary-General informed the General Assembly that although their
veracity could not be independently confirmed, “reports from a range of sources continue to
cite a high number of public executions.” 114 The same year the Special Rapporteur noted
that he found the continuing use of public executions to intimidate the public particularly
disquieting. In his 2009 report to the Human Rights Council he noted reports of public and
secret executions in political detention camps. In 2010 in relation to political prisoners, the
Special Rapporteur noted that the lives of inmates are lost too easily to hunger and slave
labour, brutality and atrocity. There is, however, little detail in United Nations
documentation describing instances of death in custody or as a consequence of torture.
89.
In relation to capital punishment, the Secretary-General noted in 2011 that the
number of offences carrying the death penalty had been reduced from 33 to 5. However, he
expressed concern at the fact that, of those five offences, four are essentially political
offences (articles 44, 45, 47 and 52 of the Criminal Code) couched in terms so broad that
the imposition of the death penalty may be subjective and arbitrary. 115
90.
Moreover in 2012, the Special Rapporteur highlighted that on 19 December 2007,
the Democratic People‟s Republic of Korea adopted a unique form of law, referred to as an
“addendum to the Criminal Code for ordinary crimes,” which has gone largely unnoticed
by the international community and which expands the “crimes” for which the death
penalty is applied. The Special Rapporteur notes that the addendum has functioned as a
complement to the Penal Code, and carried the same weight as other provisions of the
Criminal Code. The addendum comprises a total of 23 articles, of which 16 stipulate the
death penalty for a number of crimes, 14 including smuggling and dealing in narcotics,
seizing State property, currency counterfeiting and illicitly selling State resources. With the
adoption of the addendum, the total number of crimes that carry the death penalty in the
country stands at 22. Furthermore, the addendum contains a number of vague expressions,
such as “the gravest cases” or “extremely serious cases,” which leave room for arbitrary
decisions by the authorities. The addendum permits the application of capital punishment
for various crimes as long as the authorities are able to establish that the crime in question
was “extremely serious” and falls under one of the 16 listed crimes. 116
Recommendations on the right to life
91.
The General Assembly and Human Rights Council resolutions have consistently
treated public executions and the application of the death penalty for political and religious
reasons as a systematic, grave and widespread form of violation of human rights in the
Democratic People‟s Republic of Korea.
92.
The Secretary-General and the Special Rapporteur have reiterated recommendations
by the Human Rights Committee that the Democratic People‟s Republic of Korea end
public executions and adopt a moratorium on the death penalty. 117
93.
In 2011 the Special Rapporteur recommended that the Democratic People‟s
Republic of Korea repeal provisions of law that run counter to international standards,
113
114
115
116
117
CCPR/CO/72/PRK, 27 August 2001, Concluding Observations of the Human Rights Committee,
Democratic People‟s Republic of Korea.
A/63/332, para 5
A/66/343, para 17
A/HRC/19/65, para 36
A/HRC/10/18, para 80 (a) (iii); A/HRC/13/47, para 88 (a)(iii); A/66/343 para 74
29
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents