A/HRC/26/43
opportunity to provide information throughout the process. Regrettably, the commission
received no cooperation from the Democratic People’s Republic of Korea and had no
access to the country, despite having made numerous efforts to contact the Government.
Some sceptics have sought to discredit the process followed by the commission, claiming
that its findings were based solely on information provided by defectors; the Special
Rapporteur, however, draws their attention to the fact that, in addition to the 80 victims and
other witnesses who testified through public hearings and the more than 240 confidential
interviews conducted, the commission also reviewed satellite images, internal documents
brought out of the Democratic People’s Republic of Korea, as well as videos, photographs
and written materials, including 80 submissions from various sources. The patterns of
violations documented by the commission in its report were based on first-hand testimony
from multiple witnesses, and corroborated by other information.
14.
Investigating the nine patterns of violations identified by the Special Rapporteur in
his report submitted in 2013,6 the commission of inquiry categorized the systematic,
widespread and gross human rights violations that had been and continued to be committed
into six categories: arbitrary detention, torture, executions and enforced disappearance to
political prison camps; violations of the freedoms of thought, expression and religion;
discrimination on the basis of State-assigned social class, gender, and disability; violations
of the freedom of movement and residence, including the right to leave one’s own country;
violations of the right to food and related aspects of the right to life; and enforced
disappearance of persons from other countries, including through international abductions.
15.
It was on the basis of this body of testimony and other information received
concerning each of these patterns of violations that the commission determined that its
findings constituted reasonable grounds to conclude that crimes against humanity had been
committed in the Democratic People’s Republic of Korea so as to merit a criminal
investigation by a competent national or international organ of justice.7 It found that these
crimes against humanity entailed extermination, murder, enslavement, torture,
imprisonment, rape, forced abortions and other sexual violence, persecution on political,
religious, racial and gender grounds, the forcible transfer of populations, the enforced
disappearance of persons and the inhumane act of knowingly causing prolonged starvation.
The commission further found that crimes against humanity were ongoing in the State
“because the policies, institutions and patterns of impunity that lie at their heart remain in
place”.8
B.
Following the track of international law
16.
The Special Rapporteur cannot emphasize enough the significance of the
international law implications of the revelation of the truth achieved by the commission of
inquiry. For the first time ever, an investigation mandated by the highest intergovernmental body within the United Nations system responsible for human rights, namely,
the Human Rights Council, documented and concluded that a number of long-standing and
ongoing patterns of systematic and widespread violations in Democratic People’s Republic
of Korea met the high threshold required for proof of crimes against humanity in
international law.9 The perpetrators enjoy impunity because they act in accordance with
State policy. The Democratic People’s Republic of Korea is unwilling to implement its
international obligation to prosecute and bring the perpetrators to justice.
6
7
8
9
6
A/HRC/22/57.
Ibid., para. 74.
Ibid., para. 76.
Ibid., para. 85.
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