A/HRC/19/65
Supreme People’s Assembly (art. 103, sect. 5; art. 116, sect. 17; and Criminal Code art. 53).
Past practices show that general amnesties are usually granted on special occasions, such as
during the founding anniversary of the Korean Workers’ Party. “Grand amnesties” are
granted on predetermined dates, such as the birthdays of Kim Il-Sung and Kim Jong-il, the
anniversary of the Party or of the founding of the Republic.
40.
In 2008, in commemoration of the sixtieth anniversary of the founding of the
Republic, the State announced a general amnesty and released or reduced the terms of
imprisonment of inmates serving correctional punishments. Contrary to earlier
expectations, however, the scope of amnesty was significantly reduced, and those serving
sentences for attempting to leave the State by border-crossing were not included in the
amnesty. In January 2011, as a part of the national festivities to celebrate the seventieth
birthday of Kim Jong-il and the one-hundredth anniversary of the birth of Kim Il-sung, the
State announced that a general amnesty would be granted; however, the announcement
neither clarified the number of prisoners nor provided information on the profile of those
who would benefit from the amnesty. The Special Rapporteur calls on the authorities of the
Democratic People’s Republic of Korea to make use of the important forthcoming
anniversary to maximize amnesties, pardons and sentence reductions to include political
prisoners among those released, and to be transparent about the number of such prisoners.
F.
Abduction of foreign nationals
41.
The Special Rapporteur notes with concern that there no progress has been made in
resolving the question of abduction of foreign nationals by agents of the Democratic
People’s Republic of Korea. To date , some 500 unresolved cases of abduction of Koreans
from the Republic of Korea have been reported. These abductions were carried out
following the ceasefire at the end of the Korean War.
42.
With regard to the abduction of Japanese nationals, the reinvestigation of 12 cases is
still pending. During his mission to Japan, the Special Rapporteur visited Niigata and
Kashiwazaki, where he was given a thorough briefing by the Niigata prefectural police on
the abduction of Megumi Yokota, Kaoru Hasuike and Yukiko Hasuike. Detailed accounts
of the abduction of the three Japanese nationals on 15 November 1977 and 31 July 1978
were provided to the Special Rapporteur. While Mr. Hasuike and Mr. Hasuike were
returned to Japan in October 2002, there has been practically no progress made in
relaunching a full-scale investigation into the abduction of Mr. Yokota and of 11 other
Japanese nationals. The launch of a full-scale investigation was promised by the
Democratic People’s Republic of Korea during its working level talks with Japan on
abductions held in August 2008. The Special Rapporteur wishes to reiterate his position
that the Democratic People’s Republic of Korea should stand by its commitment made to
Japan to reinvestigate the 12 pending cases of abduction. The urgency of the matter is clear,
the abductees are aging, as are their family members in Japan. In this regard, it is important
that pressure be maintained on the Democratic People’s Republic of Korea until such time
as a satisfactory outcome has been achieved.
43.
The cases of abduction of nationals of other countries, such as Thailand and
Lebanon, remain unresolved.
G.
Case of Oh Kil-nam
44.
During his mission to the Republic of Korea, the Special Rapporteur was briefed
about the case of Dr. Oh Kil-nam. Dr. Kil-nam and his family were persuaded by agents of
the Democratic People’s Republic of Korea to move to that country from West Germany,
11
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