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23. Many punishments are totally unreasonable and abusive; for instance, students are reported
to have been sent to labour training (re-education and forced labour) for watching South Korean
dramas.14 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. There are reports of public executions and secret executions in political detention
camps.10 In 2004, a new type of punishment was introduced in the form of labour training, with
sentencing ranging from six months to two years. This has been used particularly for those
caught leaving the country illegally.
24. Although torture is prohibited by law, it is extensively practised. Meanwhile, the abhorrent
prison conditions, including lack of food, poor hygiene, freezing conditions in winter, forced
labour and corporal punishment, result in a myriad of abuses and deprivations, ensuring that
many prisons are a death trap for inmates, whose plight is sometimes mitigated by bribery.
25. The justice system leaves much to be desired; it lacks an independent judiciary, lawyers
acting genuinely on behalf of accused persons, and juries, which would provide the checks and
balances to deliver justice. Even though all three elements exist in the system, they are
subservient to the State and do not uphold the internationally recognized notion of the rule of
law. In fact, 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.10
26. On another front, the authorities have been involved in kidnapping a number of foreign
nationals, usually with the aim of either using them to train others for espionage purposes or of
stealing their identity with a view to later infiltrating the countries of origin. A number of cases
concerning Japanese nationals abducted by the Democratic People’s Republic of Korea remain
unsolved and require an effective response from the latter to ensure transparency and
accountability. The six-party talks have offered some room to address this issue at the bilateral
level, but the talks are currently stalled. Over 10 countries have been affected by the conduct of
the Democratic People’s Republic of Korea, which has perpetrated these crimes
extraterritorially - evidence of the pernicious range of its human rights violations with
transnational implications.15
14
15
Ibid., No. 183, August 2008.
Proceedings of the fifth general meetings of the International Parliamentarians’ Coalition for
North Korean Refugees and Human Rights, Seoul, 23-26 November 2008.
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