38 950 FEDERAL SUPPLEMENT, 2d SERIES week, and receive only enough food to be kept on the verge of starvation. Id. ¶ 14. Prisoners often endure ‘‘long-term solitary confinement in punishment cells which do not have enough space for a person to completely lie down or stand up, causing inmates to experience a loss of circulation and atrophy of legs, and often leading to death within several weeks.’’ Id. ¶ 15. According to Hawk, ‘‘[a]ttempted escapees are automatically executed and other ‘major’ rule-breakers are publicly executed by hanging or firing squad in front of the assembled prisoners of that section of the camp.’’ Id. ‘‘Many inmates cannot withstand the harsh conditions of their imprisonment and a significant number die within a year of their arrival to the kwan-li-so. A large number of those who survive develop permanent disabilities—signs of premature aging, hunchbacks and other physical deformities due to the brutal work conditions and cell sizes.’’ Id. ¶ 16. Hawk stated that a defining characteristic of DPRK’s political penal-labor colonies is that ‘‘prisoners are not formally arrested, charged (or even told of their offense), or tried in any sort of judicial procedure.’’ Id. ¶ 11. Hawk said [w]hile I do not have any firsthand knowledge about Reverend Kim’s case specifically, given my extensive experience with the DPRK and the manner in which abductees repatriated from China were usually treated, it is likely that [Reverend Kim] would have been initially held in a ku-ryu-jang, or a DPRK police detention and interrogation facility, before being transferred to a kwanli-so. It also seems likely to me that Reverend Kim, at a minimum, would have been subjected to the harsh treatment afforded to all of its prisoners. But because Reverend Kim was such a valuable target of the DPRK and so much planning, effort and other resources had gone into his abduction, it is clear to me that Reverend Kim was subjected to additional brutality. Id. ¶ 20. Reports and concerns about Reverend Kim’s treatment have circulated widely enough that he would have been more likely to be viewed by the DPRK as a high-value target warranting harsh treatment. Id. Hawk ‘‘believe[s] that the various reports of [Reverend Kim’s] torture and eventual starvation, from the accounts of other prisoners, are likely to be reliable and accurately describe how Reverend Kim was treated by his captors from the time he was abducted and incarcerated until his untimely death.’’ Id. Hawk does not detail from the reports the nature or severity of the torture Reverend Kim suffered, or the frequency or duration of the acts of torture or the parts of the body at which they were aimed or any weapons used to carry them out. Ernest C. Downs, a former senior official of the U.S. Department of Defense who served from 2001 to 2008 on the board of the United States Committee for Human Rights in North Korea, stated that it is ‘‘clear TTT that [Reverend Kim] was abducted by DPRK agents from China and forcibly brought to North Korea[.]’’ Downs Decl. ¶ 33. According to Downs, DPRK agents have specifically abducted and imprisoned people who have assisted North Korean defectors as well as Christian missionaries. Supplemental Declaration of Ernest C. Downs (‘‘Downs Supp. Decl.’’) ¶ 6(b)-(d). Because Reverend Kim assisted North Korean defectors and was a Christian missionary, he was likely a ‘‘valuable and important target to the government and ruling party of the DPRK.’’ Id. ¶ 6(a)-(c). Based on the testimony of other North Korean prisoners, Downs states that prisoners are forced to labor for more than twelve hours per day, sometimes sixteen hours, and the failure to meet production quotas leads to ‘‘additional hard labor, less food, and exceptionally painful physi-

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