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
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