KINU conducts its investigation into the human rights reality of North Korea against this background and. The White Paper on Human Rights in North Korea 2020 is based on interviews with 118 North Korean defectors.
Extrajudicial, Summary, or Arbitrary Execution
Amnesty, pardon or commutation of the death sentence can be granted in all cases. Under the provisions of ICCPR Article 6, ICCPR Article 14 (which establishes the right to a fair trial) and ICCPR Article 15 (which establishes the principle of non-retroactivity), extrajudicial, summary or arbitrary executions are prohibited.
Broad Application of Death Penalty for Offenses
Extremely serious cases of participation in political uprisings, civil disturbances, demonstrations or violent attacks, and conspiracies for anti-state purposes. Extremely serious cases of murder, kidnapping or harming officials or citizens for anti-state purposes.
Death Sentence to Juvenile Offenders and Execution of Pregnant Women
January 2018, there was an incident where a driver's boyfriend killed the son (6 years old) of Onsong County KWP chief secretary. However, cases of the death penalty for minors and the execution of the death penalty for pregnant women were not found in recent surveys.
Other Infringements on the Right to Life
Evaluation
As in the UDHR, Article 7 of the ICCPR also prohibits torture and inhuman treatment, and goes even further by banning medical and scientific experiments. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Torture and Inhuman Treatment in the Handling of Criminal Cases
A North Korean defector was investigated by the MSS in Onsong County, North Hamgyeong Province for human trafficking in February 2015 and was frequently beaten. A North Korean defector was investigated by the MSS in Hoeryeong, North Hamgyeong Province for 30 days in November 2016.
Public Execution of the Death Penalty
The UN Human Rights Committee has expressed concern about the public implementation of the death penalty in a number of national reports, including that of North Korea. The UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment also raised the issue of the public execution of the death penalty.
Enforced Disappearances
Evaluation
Meanwhile, in the 2019 survey there was evidence that public executions have declined recently, but it is unclear whether this is related to the increase in non-public executions and secret summary executions. No one shall be held in slavery; slavery and the slave trade in all their forms shall be prohibited.
Labor Training Punishment for Minor Offenses
Penalties depriving personal liberty and imposing forced labor in the North Korean Criminal Law include the penalty of corrective labor—that is, the penalty of indefinite corrective labor and the penalty of limited corrective labor—and the penalty of training work (Article 27). The sentence of indefinite/limited-term correctional labor detains criminals in prison camps (kyohwaso) and forces them to work, with the period of the sentence of limited-term correctional labor ranging from one year to fifteen years (art. 30).
Re-Educational Labor Discipline
The prosecutor's office can impose fines, suspension, compensation, confiscation, disciplinary work re-education for the illegal activities identified in the prosecutorial investigation process. Judicial institutions may impose fines, compensation, confiscation or re-educational labor discipline for students who are proven to have committed illegal activities.
Labor Exploitation of Prisoners in Holding Centers (jipkyulso)
A North Korean defector who was held in a detention center (jipkyulso) in Chongjin, North Hamgyeong Province from July to August 2018 testified that he/she was not investigated and did farm work, construction. In 2015, a North Korean defector was mobilized for the production of cement and prefabricated pavement when he was detained in the Ranam District Detention Center (jipkyulso) in Chongjin, North Hamgyeong Province.
Arbitrary or Unlawful Arrest/Detention
Any person arrested shall be informed at the time of his arrest of the reasons for his arrest and shall be promptly advised of any charges against him. With regard to arrest or detention during the preliminary investigation, the North Korean Criminal Procedure Law provides that the “preliminary investigation officer may arrest or detain the person undergoing preliminary investigation to prevent the avoidance of the preliminary investigation or trial or the interference with the investigation ” (Article 175). .
Insufficient Procedural Guarantee of Liberty and Security of Person
The preliminary hearing of a case of a criminal offense, in which a punishment for work training can be used, ends within ten days. Persons on preliminary examination for cases for which a sentence of work training may be applied shall be detained for five days.
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Accused minors must be separated from adults and brought to trial as soon as possible. Juvenile delinquents should be kept separate from adults and provided with treatment appropriate to their age and legal status.
Inhuman Treatment of Persons Deprived of Liberty
When the witness was held in a detention camp (kyohwaso) in Hamheung, South Hamgyeong Province in 2016, correctional officers (gyeho) beat him/her. From March to June 2014, the witness was held in a detention center (jipkyulso) in Chongjin, North Hamgyeong Province.
Issues Related to Treatment of Unconvicted Prisoners
In 2016, the witness was held in an MSS detention center (guryujang) in Hyesan, Yanggang Province, and was provided with corn and cabbage soup as a meal. This is intended to emphasize the status of unsentenced prisoners who have the right to be presumed innocent as set out in Article 14(1). 2, of ICCPR.106.
Issues Related to Treatment of Convicted Prisoners
A North Korean defector who was detained at Gaechon Kyohwaso from September 2014 to June 2015 said he worked in the eyelash unit and knitting unit, respectively, for five months. If he failed to complete the assigned work, the team leader was punished by preventing the prisoners from going to bed until the work was completed.109 Another North Korean defector detained at Gaechon Kyohwaso in June 2015 said that he/she had to work from 8 am to 5 pm with only a 30 minute lunch break.
Issues Related to Treatment of Unconvicted and Convicted Juvenile Prisoners
In addition, it was noted that conditions in terms of nutrition, hygiene and health care in detention facilities have improved slightly. In a 2019 survey, there was testimony that sanitary conditions at the detention center (jipkulso) in Hyesan were relatively acceptable.
Using Travel Permits to Control People and Restrict Movement
Upon arrival, the witness reported the location of the residence to the head of the people's unit (inminban). In 2018, the witness received a travel permit from Yanggang Province for his swamp blueberry business.
Restriction of Access to Certain Areas and Forced Deportation
Such broad restrictions on public access to many special districts violate the right to freedom of movement and residence as set out in Article 12, paragraph 1 of the ICCPR. If restricting access to certain areas through a strict travel permit issuing process constitutes a passive violation of the right to freedom of movement and residence, forced deportation.
Restrictions on Entry to Border Areas and Prohibition against the Freedom to Leave
Such a form of border control can be considered a serious violation of freedom of movement. The 2019 study assesses that the North Korean people's right to free movement and residence is seriously violated by the policies of the North Korean authorities.
Lack of Judicial Independence
People's jurors participate in the trials of first instance (Article 9 of the Law on the Constitution of Courts). Rulings and decisions are made by majority vote of the judge and the people's jurors (Article 17 thereof).
Unfair Trials
In the end, the witness was sentenced to five years of correctional labor at the preliminary examination, but was sentenced to one year of labor training at trial.148 A defector from North Korea who was tried for illegal border crossing in Hyesan , Yanggang Province, in August 2012, responded that the role of the judge was average, but that of the prosecutor, defense lawyer and people's jurists was very active. In this regard, public trials are called "public meetings for public disclosure" by the people of North Korea.156 The public trial system contradicts the principle of fair trial.
Operation of Quasi-Judicial Systems
Decisions are made on behalf of the Central Court by the prosecutor at the Prosecutor's Office of the MSS, the trial takes place behind closed doors, and the sentence is pronounced in accordance with the Criminal Code. Administrative penalties are also specified in the Law on Enforcement of Public Security and the Law on Law Enforcement and Control.
Infringement on the Right to Defense
The North Korean Criminal Procedure Law states: “A selected counselor may contact and talk to a person undergoing preliminary investigation or a person accused of a crime. A judicial officer, judge and court shall allow counsel and the person undergoing preliminary examination or the person accused of a crime to meet if either so requests” (Article 69).
Insufficient Guarantee of the Right to Appeal and Perfunctory Operation of the Appeal System
A North Korean defector held at an MPS detention center (guryujang) in South Pyeongan Province from September 2016 to February 2017 said an MPS officer asked him/her to meet with a counselor during preliminary interrogation, but threatened, “I will kill him.” you if you do something foolish.”179 This defector met with counsel ten days before the trial, and the counsel asked the witness if he/she had been beaten in the MPS or deprived of food. A North Korean defector who underwent a trial in May 2012 in Samjiyeon, Yanggang Province, said he/she was aware of the appeal process but gave up because there were many cases where appeals had led to disadvantages.180 A other North A Korean defector, who also underwent a trial in Samjiyeon, Yanggang Province, in 2014, had heard that an appeal is not possible, even if the verdict appears to be incorrect.181.
Infringement on Foreigners ’ Right to Trial
The second feature is the arbitrary restriction of foreigners' right to consultation with the consul during their period of detention. National Human Rights Commission of Korea, “Statement of the Chairman of the National Human Rights Commission of Korea to Protect the Human Rights of Citizens of the Republic of Korea Detained in North Korea,” May 12, 2015.
Evaluation
Everyone has the right to the protection of the law against such interference or attacks." Article 17 of the ICCPR also provides for the right to privacy. This chapter will examine the main issues related to the right to privacy in North Korea.
Infringement on Privacy through the General System of Surveillance of the People
The unit (inminban) has a chief, a household head, a sanitary chief, instigators, and a confidential informant (security agent).199 The People's Unit (inminban) handles various issues in the residential area under its jurisdiction, including child care. , labor mobilization, cleaning, maintaining public order, spreading news of events and accidents, and giving guidance through a Life Review Session (saenghwalchonghwa).200. The head of the People's Unit (inminban) is appointed by the People's Committees of the city/district (district) on the recommendation of the residents.
Violation of Privacy through Unlawful House Investigations & Communications Interference
However, the incident was covered up by giving the search party two puppies.208 Another witness was also searched by a search party in October 2018 to investigate whether the witness was in possession of stolen agricultural products. Indian and Chinese films) were found the witness covered up the matter by giving them 30,000 North Korean Won.209.
Maintaining the Unitary Suryeong Ruling System and the Ten Principles
The strengthening and idolatry of the Suryeong unified ruling system is embodied in the Ten Principles of Unity. The name was changed to "Ten Principles for Firmly Establishing a Unified Party Management System" (hereinafter referred to as "Ten Principles").
