A/HRC/22/57
of the six camps occupying large land areas within vast wildernesses of the provinces of
South Pyongan, South Hamkyung and North Hamkyung. He also explained that a
comparison of the latest pictures with satellite imagery from 2001 reportedly indicates a
significant increase in the scale of the camps. He stated that it is estimated that the network
of political prisons in the Democratic People‟s Republic of Korea, some of which are
believed to be in operation since 1950s, hold up to 200,000 people.
54.
The Special Rapporteur‟s report described some of the conditions under which
prisoners are reportedly held: “Reports indicate that a room of about 50 square metres
houses about 30-40 political prisoners under harsh conditions. It is alleged that in most
camps, no clothing is provided and prisoners face harsh winters. Inmates are also expected
to work long hours performing manual labour.” 68
55.
He further noted that in Kwanliso 15 and Yodok prison camps, thousands of people
are believed to be held by reason of “guilt by association.” The majority of such people
reportedly do not seem to know the reasons for their imprisonment or what crimes they are
accused of. 69 The Special Rapporteur had already noted in 2005 that “A very disconcerting
practice is documented by various sources – collective punishment based upon „guilt by
association.‟ This means that if a person is punished for a political or ideological crime,
members of his or her family are also punished.70
56.
At its sixty-third session in 2012, the Working Group on Arbitrary Detention
adopted an opinion in the case of Shin SookJa, Oh Hae Won and Oh Kyu Won. 71 The three
were allegedly detained in 1987 solely in response to the defection of Oh Kil Nam (husband
of the former and father of the latter two). The three were allegedly held in Yodok political
prison camp and later transferred to a camp near Pyongyang. In its opinion the Working
Group stated that under certain circumstances “widespread or systematic imprisonment or
other severe deprivation of liberty in violation of the fundamental rules of international law
may constitute crimes against humanity.” 72 The Working Group concluded that the
continued detention of Shin SookJa, Oh Hae Won and Oh Kyu Won is in contravention to
international law and arbitrary. It requested the Government to take the necessary steps to
remedy the situation, which in its view, includes the immediate release from detention and
an enforceable right to compensation for the prisoners. 73
57.
In 2012, the Special Rapporteur mentioned the case of Shin SookJa, Oh Hae Won
and Oh Kyu Won in his report to the General Assembly 74 stating that this is an example of
citizens of the Democratic People‟s Republic of Korea held in prison camps for guilt by
association. He noted several disturbing reports from non-governmental organizations and
other sources of widespread arbitrary detention and forced labour, without specific charges
or due process and with gross violations of human rights. He also observed that “under
certain circumstances, widespread or systematic imprisonment or other severe deprivation
of liberty in violation of international law may constitute crimes against humanity”
(emphasis added).75
68
69
70
71
72
73
74
75
22
A/66/322, para 60
A/66/322, para 60
A/60/306, para 19
A/HRC/WGAD/2012/4
A/HRC/WGAD/2012/4, para 26
A/HRC/WGAD/2012/4, para 28
A/67/370, paras 31-38
A/67/370, para 38
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