A/HRC/22/57 105. However, the threat of punishment facing the repatriated citizens is ever-present. In March 2008, the Special Rapporteur on extrajudicial, summary or arbitrary executions together with the special Rapporteur on the right to food and the Special Rapporteur on the question of torture, sent a joint allegation letter regarding information received on the alleged public execution of 13 women and 2 men, who were reportedly accused of planning to cross over to a neighbouring country. It was alleged that this execution was designed to dissuade people from crossing illegally. The Government did not reply to this communication.130 106. In each of his reports to the General Assembly the Secretary-General notes the concerns of the United Nations High Commissioner for Refugees (UNHCR) relating to the flow of Democratic People‟s Republic of Korea nationals seeking protection, including reports that women are being subjected to human trafficking and forced marriages and in some instances children born in such conditions have been deprived of the care of their mothers.131 Recommendations on freedom of movement 107. Since 2005, the Special Rapporteur has called upon the Government to address the root causes of displacement, prevent persecution and victimization of those who are displaced, including when they return to their country of origin, and guarantee the right to freedom of movement without imposing sanctions on those who move without permission.132 108. The General Assembly called upon the Government to ensure that citizens of the Democratic People‟s Republic of Korea expelled or returned to the Democratic People‟s Republic of Korea are able to “return in safety and dignity, are humanely treated and are not subjected to any kind of punishment.” 133 109. As the Special Rapporteur underlined in 2007, “the preferred position is that those who left the country in search of refuge elsewhere should not be punished at all for having left the country without an exit visa. This would also help to fulfil the spirit of the country‟s 1998 Constitution whose article 75 states that “citizens shall have freedom of residence and travel.”134 I. Enforced disappearances, including abduction of foreign nationals 110. The United Nations, through many of its human rights mechanisms, has consistently documented and decried the crime of enforced disappearances in the Democratic People‟s Republic of Korea. Reports by the Secretary-General and the Special Rapporteur highlight the presence of long-existing cases of enforced disappearances, particularly in the form of abduction of foreign nationals, dating back to the Korean War. Since 2003, the Commission on Human Rights, followed by the Human Rights Council have repeatedly noted the existence and unresolved nature of the abduction of foreign nationals in each of their resolutions concerning North Korea. In a comprehensive list of widespread, systematic and grave human rights violations, the General Assembly‟s first resolution on North Korea in December 2005 (and those that followed) expressed its concern at the “unresolved 130 131 132 133 134 32 A/HRC/WG.6/6/PRK/2, para 20 A/67/362; A/66/343; A/65/391 See for example A/60/306. A/RES/63/190; A/RES/64/175; A/RES/66/174 A/HRC/4/15, para 22