A/HRC/22/57
access of humanitarian assistance that is delivered impartially on the basis of need, in
accordance with humanitarian principles.”22
18.
The Special Rapporteur emphasized that “the primary obligation to feed people lies
with the State, which must take all measures necessary to rectify existing flaws in the
production and distribution system that have contributed [to] the shortage of food.” He also
called on the Government to reduce military/defence expenditure and ensure equitable reallocation of resources to respond effectively to the food crisis and other areas needing
development. 23
19.
The Special Rapporteur stressed that the human rights obligations of the Democratic
People‟s Republic of Korea are in no sense contingent on the provisions of external
humanitarian assistance by the international community, but merely an impetus for
emergency response.24
20.
Finally, he further recognized that it is important to ensure such aid distribution
reaches the neediest population and in line with the long-standing United Nations policy of
“no access, no aid,” which needs to be respected by all States receiving aid. 25
B.
Torture and inhuman treatment
21.
General Assembly resolutions adopted between 2006 and 2012 highlighted “torture
and other cruel, inhuman or degrading treatment or punishment” among several systemic,
widespread and grave violations of human rights in the Democratic People‟s Republic of
Korea. Moreover, the General Assembly made specific reference to punishments inflicted
on citizens of the Democratic People‟s Republic of Korea who have been repatriated from
abroad, “such as treating their departure as treason, leading to punishments of
internment, torture, cruel, inhuman or degrading treatment or the death penalty”
(emphasis added). 26 The Human Rights Council deplored “the use of torture…against
political prisoners and repatriated citizens of the Democratic People‟s Republic of Korea”.27
22.
In 2007, the Special Rapporteur stressed that there are continuing reports of violence
against the human person committed by State authorities, such as torture, public executions,
and persecution of political dissidents. 28
23.
In 2008, the Secretary-General expressed his serious concern at the fact that reports
emanating from the country “continue to indicate trends of torture, inhumane conditions of
detention, public execution, ill-treatment of refugees or asylum-seekers repatriated from
abroad.”29 The same year, in his report to the General Assembly, the Special Rapporteur
stated that an “overhaul of the prison system is long overdue, and the harsh conditions
imposed by the criminal justice system and related detention give rise to a plethora of
abuses, including torture and cruel, inhuman and degrading treatment. The abuses are
ubiquitous, and include degrading treatment of deceased persons.” 30
22
23
24
25
26
27
28
29
30
16
A/HRC/RES/10/16, A/HRC/RES/13/14, A/HRC/RES/16/8, A/HRC/RES/19/13
A/HRC/19/65, para 26
A/HRC/19/65, para 58
A/HRC/19/65, para 58
A/RES/60/173; A/RES/61/174; A/RES/62/167; A/RES/63/190; A/RES/64/175; A/RES/66/174
A/HRC/RES/10/16; A/HRC/RES/13/14; A/HRC/RES/16/8; A/HRC/RES/19/1
A/HRC/4/15
A/63/332; A/65/391.
A/63/322, para 31
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