A/HRC/16/58 53. The Special Rapporteur has learned from various sources that human rights violations are committed in all correctional centres. Correctional officers sometimes beat inmates, but it is understood that more often it is the inmates who would beat up other inmates upon instruction from the officers.26 It is further claimed that human rights abuses, including deaths, are rampant inside correctional centres.27 In addition, the Special Rapporteur has noted reports of dire living conditions inside these correctional centres. For example, the Kaechun Kyohwaso – built to house over 600 persons (approximately 20 persons per prison cell) – currently holds around 6,000 prisoners, 2,000 of whom are female inmates.28 These are serious allegations of issues that need to be investigated and rectified immediately. 54. Apart from the official correctional centres, North Korea is reported to have been operating a number of “political concentration camps”, collection centres and labour training camps. Political prisoners are incarcerated in what is known as “Kwanliso”, operated by the Farm Guidance Bureau of the State Security Agency. These facilities are also often called “control districts” or “special district for dictatorial control”.29 55. References to such labour training camps can be found in some of the Democratic People’s Republic of Korea legal instruments. Article 18 of the Democratic People’s Republic of Korea Sentences and Decisions Enforcement Law, as amended on 9 November 1998, specifies one of the reasons for suspended sentence as “any gravely ill person serving correctional labour, labour training, or unpaid labour punishment and a pregnant woman three months before, and within seven months after the delivery of a baby”. Again, references to labour training camps can be found in the revised Penal Code of 2004 (for example, article 31)30. This reinforces the Special Rapporteur’s view that reforms need to take place both to end the use of such labour training camps and amend legislation to ensure it is aligned with international standards. 56. While in Japan and the Republic of Korea, the Special Rapporteur heard some graphic stories of the conditions and treatment of the detainees in various camps in the Democratic People’s Republic of Korea. Some of the most flagrant human rights violations, such as torture and detention without due process of law, are reported to be perpetrated in these camps. Under the revised Penal Code of 2004, those being punished as a political prisoner include anyone involved in conspiracy to topple the State, treason against the State, espionage, terrorism, anti-State propaganda and agitation, destruction and murder, armed intervention, and agitation to serve foreign relations and hostile actions against foreigners. Although the Penal Code is less vague on who a political prisoner is, what needs to be borne in mind is that – irrespective of the nature of crime – administering torture, cruel inhuman or degrading treatment can never be justified. Similarly, it is of paramount importance that due process of law be followed by the State at all times for all trials. 57. In the Special Rapporteur’s following reports, he will continue to focus on correctional centres and other forms of detention facilities in the Democratic People’s Republic of Korea, with the hope that this will ultimately prompt the Democratic People’s Republic of Korea to take measures to improve the situation in various detention centres and prisons. 26 27 28 29 30 Ibid., p. 124. Ibid., p. 125. White Paper on Human Rights in North Korea. Ibid., p. 108. Ibid., p. 113. 13