A/HRC/22/57 Rapporteur called upon the Government to reform the prison system in order to prevent torture and to end public executions. 40 C. Arbitrary detention 30. In 2004 and 2005, the Commission on Human Rights identified arbitrary detention as part of a continuing pattern of “systemic, widespread and grave violations of human rights in the Democratic People‟s Republic of Korea.” 41 General Assembly resolutions adopted between 2006 and 2012 highlighted, among several systemic, widespread and grave violations of human rights, “extrajudicial and arbitrary detention; the absence of due process and the rule of law, including fair trial guarantees and an independent judiciary,” expressing its serious concern. 31. In 2006, the Special Rapporteur stressed that the judicial system lacks independence and is heavily influenced by the regime in power. In addition to the opaque nature of the ordinary courts, there is a parallel quasi-penal regime which does not comply with rule of law guarantees such as judicial independence, natural justice, respect for the rights of the accused and access to lawyers.42 32. Moreover, in 2009 the Special Rapporteur highlighted that “...judges are appointed by the State and operate under the direction of the Supreme People‟s Assembly. The jury system is based on two people who work with the courts (usually one judge at first instance) - not to ensure that the rights of the accused are upheld but to confirm the list of crimes presented at the trials and to confirm the conviction of the alleged wrongdoer. Anomalously, lawyers protect the State rather than their defendants. On-site open trials are also held, ostensibly to educate the public; in reality, they are an instrument to intimidate the public, without any regard for the defendant‟s right to a fair trial and the right to privacy.”43 33. In his 2009 report to the Human Rights Council, the Special Rapporteur qualified many punishments applied in the Democratic People‟s Republic of Korea as “totally unreasonable and abusive”44. The Special Rapporteur noted, for instance, “students are reported to have been sent to labour training (re-education and forced labour) for watching South Korean dramas. Citizens who fail to turn up for work allocated to them by the State are sent to labour camps. There is a wide variety of detention facilities ranging from political detention camps (kwanliso) for political crimes to correctional labour punishment in labour camps (kyohwaso) for other crimes.” 45 34. The United Nations documentation has highlighted that a number of constitutional and legislative provisions seriously endanger the impartiality and independence of the judiciary in the Democratic People‟s Republic of Korea. Moreover, some articles in the Criminal Code are either not in line with international standards or contain terms that are not defined or are vague, thus allowing scope for misinterpretation and abuse by the State. 35. In his 2007 report to the Human Rights Council,46 the Special Rapporteur had noted that there are a large number of provisions concerning anti-State activities that give rise to 40 41 42 43 44 45 46 18 A/62/264; A/64/224; A/HRC/10/18; A/HRC/13/47 E/CN.4/RES/2004/13, para 13; E/CN.4/RES/2005/11, para 1 A/61/349, para 15 A/HRC/10/18, para 25 A/HRC/10/18, para 23 A/HRC/10/18, para 23 A/HRC/4/15