WARMBIER v. DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA Cite as 356 F.Supp.3d 30 (D.D.C. 2018) and was never expected or asked to pay for his siblings’ tuition,’’ F. W. Decl. ¶ 8; and (5) Otto said he conspired with ‘‘the Z Society,’’ but had no connection to any such organization, id. In addition to these false statements in his ‘‘confession,’’ Otto spoke with ‘‘unnatural’’ language that sounded as if he had ‘‘been forced to memorize’’ the words. Id. ¶¶ 8, 9. Otto, for instance, said ‘‘I came to commit this crime task,’’ ‘‘[t]he United States administration already knows about my act through the CIA, which is closely linked to the Z Society and connived at my crime,’’ ‘‘[t]his was a very foolish aim,’’ ‘‘[t]his made an innocent-minded, adventurous young man, like myself, want to show my bravery to improve my reputation and show a Western victory of the DPR Korea,’’ and ‘‘I intentionally packed my quietest boots, the best for sneaking. I knew that I would wear them during my crime commitment.’’ Id. ¶ 9. Otto’s ‘‘strange phrases,’’ such as the references to the ‘‘U.S. administration,’’ ‘‘DPR Korea instead of DPRK,’’ and his ‘‘quietest boots for sneaking’’ were ‘‘clumsy’’ North Korean ‘‘stock phrase[s]’’ that provide ‘‘no doubt TTT that this was a coerced confession under great duress.’’ H’rg Tr. (Rough) at 123–25 (Expert Prof. Sung-Yoon Lee). Moreover, Otto’s reference to ‘‘hostile U.S. policy’’ three times, and the notion that Otto, as the oldest child, would need to subsidize his younger siblings’ college tuition—an expectation of the eldest son in Korean culture—are reflective of ‘‘Korean connotation,’’ further indicating North Korea ‘‘imposed’’ this material in Otto’s confession. Id. at 124–25 (Expert Prof. Sung-Yoon Lee). Shortly after Otto’s purported ‘‘confession,’’ the U.S. State Department assured Otto’s parents that Otto’s detention was nearing a ‘‘mature phase,’’ and North Korea would ‘‘finally call.’’ F. W. Decl. ¶ 10. 39 Fred and Cindy learned nothing, however, until KCNA reported on North Korea’s ‘‘trial’’ of Otto, on March 16, 2016, where North Korea convicted Otto on a charge of state subversion and sentenced him to fifteen years of hard labor, based on his purported ‘‘confession’’ to the crime. Hatch Decl., Ex. E (KCNA Article on Otto’s ‘‘Trial,’’ titled ‘‘American Student Sentenced to 15 Years of Hard Labor in DPRK’’). KCNA stated Otto committed the crime ‘‘pursuant to the U.S. government’s hostile policy’’ towards North Korea. Id. Short video excerpts of Otto’s ‘‘trial’’ were released, but no public court records have ever been made available. See Hatch Decl., Ex. F (ABC Good Morning America News Broadcast Containing Clips of Otto’s ‘‘Trial’’) (‘‘Video of ‘Trial’ ’’); Hatch Decl. ¶ 7. In the excerpts, Otto’s hands are ‘‘curled in,’’ and he is ‘‘completely distressed’’ and ‘‘visibly upset.’’ See Hatch Decl., Ex. F (Video of ‘‘Trial’’); F. W. Decl. ¶ 11. North Korea continued to detain Otto for an additional 15 months after this ‘‘trial,’’ for a total detention period of approximately 17.5 months. See F. W. Decl. ¶ 21. During Otto’s detention, Otto’s family received ‘‘almost no information about [Otto’s] condition,’’ F. W. Decl. ¶ 15, and Otto’s parents ultimately had no way to communicate with him, H’rg Tr. (Rough) at 21–22 (F. W.); C. W. Decl. ¶ 17. Although Otto’s parents initially were told they could send Otto emails through the State Department, which forwarded them to Swedish intermediaries in North Korea for delivery to Otto, Otto’s parents never heard anything directly from Otto and have no idea if he received any of this correspondence. H’rg Tr. (Rough) at 21–22 (F. W.); C. W. Decl. ¶ 17; F. W. Decl. ¶ 12. By June 2016, the State Department told Otto’s parents that they could no longer email Otto because North Korea consid-

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