A/HRC/13/47
action and abusive discretion in the name of the State. For instance, torture is prohibited by
the Criminal Code. Yet, there is a myriad of reports on instances of torture.15
31.
While the authorities claimed at the universal periodic review session that human
rights are respected in the country, different sources indicate a conglomeration of huge
camps for political prisoners and their families, who are often held there in perpetuity.
Kaechon, Yodok, Hwasong, Bukchang, Hoeryong, Chonjin are some of the camps of
infamy.16 The lives of inmates are lost only too easily to hunger and slave labour, brutality
and atrocity.
32.
Intriguingly, even the country’s statement to the universal periodic review admitted
openly that public executions take place in the country. One non-governmental publication
includes an account of people being forced to watch them.17
33.
The justice system is subservient to the State, and judges, prosecutors, lawyers and
juries are part of the State machinery, far removed from the international rule of law, thus
lacking in independence of the judiciary and safeguards for the accused.18 Capital
punishment ensues from a broad range of crimes against the State as listed and extended
periodically by the Criminal Code. At times, there are also public trials to teach the general
population a lesson.
34.
Participation in government, freedom of expression, access to information, freedom
of association, and freedom of religion are all constrained by the nature of the State, despite
their nominal recognition in the Constitution and related laws. Despite the semblance of an
electoral process, the system is built to support a one-party State. People are pressured to
vote for the ruling elite, and it is reported that community leaders visit households to
pressure them to vote; failure to vote is unacceptable and voting against those in power is
regarded as reactionary and subject to punishment.19 Trade unions and mass movements
(associations) are controlled by the Government as part of the State machinery.
35.
While cell phones are now allowed in the capital city, use near the border is
prohibited. Radio sets are pre-tuned to government programmes and it is forbidden to view
videos from other countries. Reading books from the Republic of Korea is regarded as
espionage, and there are sanctions against reading books from China. It is forbidden to own
computers without permission. There are special squads which raid homes to see whether
there are illegal materials from other countries, and neighbours/communities are
encouraged to inform on each other. Bribery may attenuate arrests and sanctions.
36.
There are four types of punishment: death; unlimited term of correctional labour;
limited term of correctional labour; and labour training, the latter two being introduced in
2004.20 They also correspond to four different types of detention, ranging from political
camps and camps for other crimes to collection points and labour training for lesser crimes
such as border crossing without permission. A recent study suggests that bribery may
15
16
17
18
19
20
10
Amnesty International, “North Korea: torture, death penalty and abductions”, information sheet,
August 2009, ASA 24/003/2009; The Reality of Human Rights in North Korea (see footnote 3
above); see also North Korea Today, No. 301, October 2009; Citizen’s Alliance for North Korean
Human Rights (NKHR), “Survival under torture”, NKHR Briefing Report No. 2, Seoul, 2009.
The Reality of Human Rights in North Korea (see footnote 3 above), p. 4; Citizen’s Alliance for
North Korean Human Rights (NKHR), “The last outposts of slavery of the past XX century”, NKHR
Briefing Report No. 1, Seoul, 2009.
The Reality of Human Rights in North Korea (see footnote 3 above), p. 7.
“White paper on human rights in North Korea 2009” (see footnote 1 above), pp. 144–178.
Ibid., p. 287.
Ibid., p. 84.
GE.10-10793
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents