A/HRC/22/57
international inquiry affords a measure of protection, especially when coupled with the
prospect of future criminal investigations and the deterrent effect such a prospect may have
on individual perpetrators.
V. Conclusions and recommendations
31.
This review of United Nations documentation on the situation human rights in
the Democratic People’s Republic of Korea since 2004 points to the need for the
establishment of an inquiry mechanism with adequate resources to investigate and
more fully document the grave, systematic and widespread violations of human rights
in the Democratic People’s Republic of Korea and report to the Human Rights
Council and the General Assembly. The inquiry should examine the issues of
institutional and personal accountability for such violations, in particular where they
amount to crimes against humanity, and make appropriate recommendations to the
authorities of the Democratic People’s Republic of Korea and international
community for further action. The inquiry would include:
(a)
More detailed analysis of the grave, widespread and systematic
violations of human rights in the Democratic People’s Republic of Korea identified in
this report, through the collection and documentation of victims’ testimonies and the
accounts of survivors, witnesses and perpetrators;
(b)
More detailed documentation of the most egregious violations of human
rights committed in the Democratic People’s Republic of Korea, in particular closer
examination of the widespread and systematic practice of torture and arbitrary
detention, and the full range of violations committed in the prison camps, as well as
the abduction of foreign nationals;
(c)
Closer examination of the issue of discrimination in the systemic denial
and violation of basic human rights and fundamental freedoms, including access to
food, restrictions on freedom of movement, freedom of expression, arbitrary arrest
and torture;
(d)
A detailed examination and legal analysis of whether crimes against
humanity are being perpetrated in the Democratic People’s Republic of Korea, as well
as violation against foreign national such as abductees; and
(e)
A closer examination of the issue of accountability in the Democratic
People’s Republic of Korea given the problem of pervasive impunity and almost a
decade of non-cooperation by the Government with the United Nations human rights
mechanisms.
32.
The Special Rapporteur also reiterates all recommendations previously made
to the Government of the Democratic People’s Republic of Korea in his reports to the
Human Rights Council and the General Assembly.
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