A/HRC/19/65 food and 250,000 tons of crude oil,4 while eight representatives of the Seoul-based Korea Peace Foundation delivered 180 tons of flour to Kaesong on 27 January 2012.5 The Special Rapporteur welcomes these contributions and calls on other States to join the efforts to solve the food shortage in the Democratic People’s Republic of Korea. 29. In order to recommend certain concrete steps to improve the situation of the right to food in the Democratic People’s Republic of Korea, the Special Rapporteur urges the authorities of that country to invite the Special Rapporteur on the right to food for an official visit. Such an invitation to visit the country would, inter alia, help the Special Rapporteur on the right to food to make recommendations on how to rectify food production and distribution mechanisms and on ways to increase food production. A request to visit the country by the Special Rapporteur on the right to food was forwarded to the authorities in 2009. C. Due process of law 30. A number of constitutional and legislative provisions seriously endanger the impartiality and independence of the judiciary in the Democratic People’s Republic of Korea. The Human Rights Committee, during its review of the country in 2001, raised concerns with regard to article 10 of the Criminal Code, pursuant to which punishment for an offence not provided for in the Code could be imposed in accordance with those provisions of the Code punishing offences similar in nature and gravity. The Committee found that the article was incompatible with the concept of nullum crimen sine lege,6 enshrined in article 15 of the International Covenant on Civil and Political Rights.7 31. In 2004, the Democratic People’s Republic of Korea revised its Criminal Code, deleting provisions that allowed for analogical interpretations, and accommodated the principle of nullum crimen sine lege. It also provided more clarity on a number of other crimes and removed terms such as “etc.” and “like”, which could have given scope for ambiguous interpretation. The revision instead described acts that would constitute various types of criminal behaviour and provided more clarity. The number of articles in the Criminal Code consequently increased from 118 to 245, with more specific definitions of the elements of crimes.8 The Special Rapporteur welcomes such initiatives. 32. As the court system currently stands in the Democratic People’s Republic of Korea, the Central Court is accountable to the Supreme People’s Assembly, pursuant to article 162 of the Criminal Code. Furthermore, article 129 of the Criminal Code subjects judges to criminal liability for handing down “unjust judgements���. The Special Rapporteur is 4 5 6 7 8 8 “China decided on food, oil aid for N. Korea after Kim's death: report”, Yonhap News, 30 January 2012. Available from http://english.yonhapnews.co.kr/northkorea/2012/01/30/84/0401000000AEN20120130006800315F.H TML. Yonhap News, “S. Korea sends first flour aid to N. Korea since Kim Jong-il's death”, 27 January 2012. Available from http://english.yonhapnews.co.kr/news/2012/01/27/0200000000AEN20120127005600315.HTML. See the general principles of criminal law of the Rome Statute, article 22 (1) and (2). “A person shall not be criminally responsible unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court… The definition of a crime shall be strictly construed and shall not be extended by analogy.” CCPR/CO/72/PRK, para. 14. See the White Paper on Human Rights in North Korea 2011, p. 177. Available from www.kinu.or.kr/eng/pub/pub_04_01.jsp?bid=DATA04&page=1&num=32&mode=view&category=2 672.