WARMBIER v. DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA
Cite as 356 F.Supp.3d 30 (D.D.C. 2018)
rized below, followed by an overview of the
procedural history of this case. The factual
background is based upon the detailed declarations submitted by the plaintiffs in support of their motion for default judgment,
as well as exhibits and testimony presented at an evidentiary hearing held on December 19, 2018.3
A.
Otto Warmbier’s Detention in
North Korea
Otto Warmbier, a 21-year-old University
of Virginia student, with a curiosity to
learn more about the world through travel,
took a five-day trip to North Korea, between December 29, 2015 and January 2,
2016, in advance of a study abroad program in China. H’rg Tr. (Rough) at 13–15
(F. W.); id. at 59 (C. W.); C. W. Decl.
¶¶ 15–16. Otto had an ‘‘open mind’’ and
‘‘wanted to explore,’’ and he viewed the
trip to North Korea as an opportunity to
experience a different culture and way of
life. H’rg Tr. (Rough) at 59, 64–65 (C. W.);
C. W. Decl. ¶ 15. Although Otto’s parents
were ‘‘nervous’’ about Otto’s trip, a University of Virginia professor advised Otto that
travel to North Korea was safe with certain tour groups, and the website for the
operator of Otto’s tour group, Young Pioneer Tours, attested to the safety of their
guided trips into North Korea. Decl. of
Frederick Warmbier ¶ 5 (‘‘F. W. Decl.’’),
ECF No. 16-1; H’rg Tr. (Rough) at 14 (F.
W.).
On January 2, 2016, Otto’s scheduled
departure date from North Korea, Fred
and Cindy expected Otto to call them when
he arrived in China, but that call never
came. H’rg Tr. (Rough) at 14–15 (F. W.);
F. W. Decl. ¶ 5. The next morning, the
tour company explained that Otto missed
his flight because North Korean officials
3.
Six witnesses testified at the evidentiary
hearing: Otto’s parents, Fred and Cindy
Warmbier, his younger siblings, Austin and
37
took him out of the security line at the
Pyongyang Sunan International Airport,
and he could not leave North Korea with
the rest of his tour group. H’rg Tr.
(Rough) at 15 (F. W.); F. W. Decl. ¶ 5;
C.W Decl. ¶ 16. The tour company reassured Otto’s parents that ‘‘everything was
fine,’’ adding that the president of the tour
company stayed with Otto and he would be
‘‘on the next flight out.’’ H’rg Tr. (Rough)
at 15–16 (F. W.); F. W. Decl. ¶ 5. Over ‘‘the
next day or two,’’ the tour company again
reassured Otto’s parents that ‘‘everything
was fine,’’ and Otto’s inability to leave
North Korea ‘‘was just a misunderstanding.’’ F. W. Decl. ¶ 6; H’rg Tr. (Rough) at
15 (F. W.). Shortly thereafter, however,
the tour company said that Otto was sick
and had been taken to a hospital, and the
president of the tour company left North
Korea for China, leaving Otto unaccompanied in North Korea. H’rg Tr. (Rough) at
15–16 (F. W.); F. W. Decl. ¶ 6.
When Otto was detained, the U.S. State
Department advised Fred and Cindy that
Otto’s detention was part of North Korea’s
‘‘normal routine’’ when ‘‘they want something,’’ and assured them that, ‘‘based on
history,’’ Otto would ‘‘be home in six
months.’’ H’rg Tr. (Rough) at 17–18 (F.
W.). The State Department cautioned the
Warmbiers against speaking to media outlets or publicly about Otto’s detention because North Korea was ‘‘going to want
something for Otto,’’ and the more the
family spoke publicly, ‘‘the more it’s going
to cost.’’ Id. at 17, 22–24 (F. W.); id. at 65
(C. W.). Otto’s parents were also told that,
at some point, North Korea would permit
Otto to call home, usually late at night, and
in a statement dictated by North Korea
through Otto would provide a clue as to
Greta Warmbier, and two experts on North
Korea, David Hawk and Professor Sung-Yoon
Lee.