A/HRC/26/43
reunification, “because for the elder generation even a delay of one or two years means that
their chance of seeing their relatives may be lost forever”; and adopt measures to facilitate
family reunification, as recommended by the Special Rapporteur on the situation of human
rights in the Democratic People’s Republic of Korea (recommendations 75-78). Of the
relevant recommendations made by the current mandate holder and the previous one over
the years, the Special Rapporteur draws special attention to the recommendation that family
reunions become a sustained process moving beyond short-term meetings to life-long
reunification,23 and looks forward its concrete implementation.
5.
Freedoms, treatment of persons under detention, and accountability
36.
The Special Rapporteur is seriously concerned at the number of recommendations
relating to freedoms, fair trial, the treatment of persons in detention and the accountability
of those committing human rights abuses that the Government indicated as accepted and
already implemented or currently being implemented. These recommendations included
that the State continue to prevent and to punish human rights abuses by law enforcement
officials (recommendation 61); give all in detention a fair trial (recommendation 72); train
professionals involved in the judicial system on the relevant international standards on a
fair trial and rule of law (recommendation 73); ensure that all persons deprived of their
liberty are treated with humanity and with respect for the inherent dignity of the human
being (recommendation 74); allow the exercise of the right to the freedom of expression
and the freedom of association and assembly by fostering and facilitating civil society
entities and enabling them to obtain status under law (recommendation 79); and take further
steps to support freedom of expression and the right to freedom of movement
(recommendation 84). The Special Rapporteur is seriously concerned because the claim by
the Government of the Democratic People’s Republic of Korea that the recommendations
were already implemented or currently being implemented contrasts starkly with the
findings documented by the commission of inquiry and the information received by the
Special Rapporteur.
37.
At its second periodic review, the delegation of the Democratic People’s Republic of
Korea asserted that political prison camps did not exist and were a “complete fabrication”;
furthermore, persons sentenced to the penalty of reform through labour under the country’s
Criminal Law served their terms in reform institutions.24 On a number of freedoms widely
documented as being seriously curtailed, the Government claimed that the Constitution of
the Democratic People’s Republic of Korea also guaranteed freedom of religion, and that
the State respected religious life and ceremonies of religious people and ensured the
freedom to set up churches and other religious buildings.25 Freedom to travel was fully
guaranteed by both the Constitution and the law; persons in the country could travel abroad
after complying with the necessary formalities. People were furthermore free to travel
anywhere within the country, “with the exception of the frontlines and areas with military
installations where one can travel after obtaining permission”,26 while freedom of
expression was “a fundamental human right protected by law”. The people in the country
were able to freely express their views through radios, newspapers and magazines; any
violation of these rights was subject to legal punishment.27
38.
The above responses given by the Government reflect total denial of the actual
situation; similarly, its blatant denial of the systematic human rights violations and the
23
24
25
26
27
12
A/HRC/13/47, para. 74 (c).
A/HRC/27/10, para. 60.
Ibid., para. 61.
Ibid., para. 62.
Ibid., para. 63.
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