A/HRC/7/20
page 10
programmes from the Republic of Korea. TV and radio sets are pre-tuned to government
programmes (of the North), and people are punished for disobedience on this matter. While the
authorities claim that religious freedom is allowed, it is known that those who leave the country
in search of refuge elsewhere and who contact missionaries en route are persecuted and punished
if sent back to the country.
26. Particularly disquieting is the continuing use of public executions to intimidate the public,
despite various law reforms in 2004 and 2005 which claim to have improved the criminal law
framework and related sanctions. 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 other cruel, inhuman and degrading treatment. The transgressions
are often multiple and repeated, including not only torture committed against people in detention,
but also malnutrition linked with starvation, and even defiling and degrading treatment of those
who are dead.16
27. On another front, the authorities have been engaged in the abductions of foreign nationals.
There are a number of Japanese abducted by the Democratic People’s Republic of Korea, and
details are provided below in the report on the Special Rapporteur’s visit to Japan. The nationals
of a range of other countries (according to information received, a dozen countries or more) have
also been affected.
D. Displacement and asylum: the (im)mobility factor?
28. Since its inception, the regime in power has regulated migration stringently as an
instrument of State control. Generally the population is not allowed to move freely within the
country and they are only able to travel abroad with official permission. However, in recent years
the policy of immobility has been diluted, since many people have been displaced for political
reasons and/or economic reasons. On the one hand, a large number of those who are persecuted
by the regime have sought refuge outside the country. On the other hand, people are also on the
move within the country and across the border in search of basic necessities to overcome hunger
and improve their livelihood. It has thus become more difficult for the authorities to exert full
control over the migration factor. On another front, there is an incipient stream of workers and
migrant labourers who travel to special economic zones within the country and/or across the
border to other countries as part of bilateral arrangements on labour importation.
29. With regard to asylum and refuge, the Special Rapporteur analysed at length in his
previous reports17 the status of those who seek asylum in other countries. There are those who
leave the country of origin for reasons of persecution (the traditional refugee) and those who fear
persecution after having left the country (refugee sur place). Both types of refugees are found
from the Democratic People’s Republic of Korea. The latter group arises because they may be
punished upon return for having left the country without permission (an exit visa) and this threat
of persecution is tantamount to potential or actual persecution, albeit at a later stage. There have
16
D. Hawk, Concentrations of Inhumanity, Freedom House, Washington, 2007, pp. 9-10.
17
A/HRC/4/15, paras. 18-28 and A/62/264, paras. 28-40.
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