40
950 FEDERAL SUPPLEMENT, 2d SERIES
forced labor, and lack of food and medicine, among other abuses. Torture and
other cruel and inhuman treatment appears widespread and can occur
throughout the process of incarceration
in North Korea[.]
North Korea: Harsher Policies against
Border–Crossers, Dkt. No. 35–1 at 8. In
particular, the report includes accounts
from former prisoners who state that the
guards
would make [prisoners] sit down and
stand up repeatedly until [they] collapsed, or forced [them] to hang onto
cell bars or bang [their] heads onto cell
barsTTTT Guards beat people all the
time—they used sticks or belts. They
also slapped or kicked inmates for disobedience.
Id. Similarly, the United Nations Special
Rapporteur on the situation of human
rights in the DPRK released a report
which described what it called DPRK’s
record of torture and inhuman treatment,
arbitrary detention and use of prison
camps. Pls.’ Supp. Submission of New
Auth., Ex. 1, Human Rights Council, Rep.
of the Special Rapporteur on the situation
of human rights in the DPRK, 22d Sess.,
U.N. Doc. A/HRC/22/57 (Feb. 1, 2013).
This report stated that, in 2007, there were
reports that DPRK authorities engaged in
‘‘torture, public executions, and persecution of political dissidents.’’ Id., Annex 1
¶ 22. In 2008, the Secretary–General stated that reports from DPRK ‘‘continue to
indicate trends of torture, inhumane conditions of detention, public execution, illtreatment of refugees’’ and the Special
Rapporteur stated that
the harsh conditions imposed by the
criminal justice system and related detention give rise to a plethora of abuses,
including torture and cruel, inhuman
and degrading treatment. The abuses
are ubiquitous, and include degrading
treatment of deceased persons.
Id., Annex 1 ¶ 23. The UN Special Rapporteur cites 2011 reports which state that
DPRK correctional officers beat inmates
and that torture was occurring at various
camps in the DPRK. Id., Annex 1 ¶¶ 25–
26. In addition, ‘‘[t]he Secretary–General
noted in 2012 that some reports also indicate the existence of prison camps where
torture and execution are widespread.’’
Id., Annex 1 ¶ 27. The report identifies
the political labor camps and states that
the Special Rapporteur has consistently
expressed concern about ‘‘unreasonable
and abusive punishments’’ and ‘‘torture
and detention without due process of law’’
and the ‘‘harsh conditions’’ in the camps
where ‘‘no clothing is provided’’ and inmates are ‘‘expected to work long hours
performing manual labour.’’ Id., Annex 1
¶¶ 48–51, 54. Neither report provides any
first-hand knowledge of Reverend Kim’s
mistreatment. The reports do not detail
the frequency or duration of the acts of
torture at the DPRK prison camps.
Plaintiffs cite an excerpt from Melanie
Kirkpatrick’s 2012 book Escape from
North Korea that states that Reverend
Kim was tortured and murdered by the
North Koreans. Pls.’ Supp. Submission of
New Authority, Dkt. No. 55, Ex. 1 at 150–
51. The excerpt states that Reverend Kim
was transported to a political prison camp
and ‘‘[h]e appears to have been beaten and
starved to death after refusing to renounce
his religion.’’ Id. at 152. Kirkpatrick also
states that ‘‘according to [Reverend Kim’s]
family, his remains are believed to be in
People’s Army Camp 91, a garrison on the
outskirts of Pyongyang.’’ Id. (footnote
omitted). Kirkpatrick reports as the
source for these details the plaintiffs’
amended complaint and the filings docketed in this case. See Melanie Kirkpatrick,
Escape from North Korea 329 n. 20 (2012).
In any event, the Kirkpatrick excerpt does
not detail the nature or severity of the
torture, or the frequency or duration of