A/HRC/WGAD/2013/35
24.
In view of these serious allegations, the Working Group considers that the reply
given by the Government, which does not address any of these violations of international
law relating to the arrest, detention, judgment, sentencing and appeal procedures
concerning persons deprived of their liberty, is unlikely to facilitate any constructive
dialogue.
25.
As the Government has not provided any information about the situation of the
petitioners, the Working Group, according to its methods of work, has to rely on the
source’s information concerning the detention of the petitioners.
26.
The Working Group recalls its opinions No. 4/2012 and No. 47/2012 (Democratic
People’s Republic of Korea), in which the Working Group held that the detention of the
persons concerned was arbitrary. It requested that the Government take the necessary steps
to remedy the situation, which were the immediate release of these individuals and to
accord them an enforceable right to compensation in accordance with article 9, paragraph 5,
of the Covenant.
27.
The Working Group also takes note of Human Rights Council resolution 7/15 on the
situation of human rights in the Democratic People’s Republic of Korea, and recalls all
previous resolutions adopted by the Commission on Human Rights and the General
Assembly on the situation of human rights in the Democratic People’s Republic of Korea,
including resolutions 2004/13 and 2005/11 of the Commission on Human Rights and
General Assembly resolution 62/167.
28.
In addition, the Working Group refers to the concluding observations of a number of
different treaty bodies in respect of the Democratic People’s Republic of Korea, including
the Committee on the Rights of the Child (CRC/C/PRK/CO/4), the Committee on the
Elimination of Discrimination against Women (CEDAW/C/PRK/CO/1), the Committee on
Economic, Social and Cultural Rights (E/2004/22, paras. 510-558) and the Human Rights
Committee (CCPR/CO/72/PRK). The Human Rights Committee expressed its serious
concern at several issues related to detention, and the lack of compatibility of the legislation
of the Democratic People’s Republic of Korea with the prohibition of forced labour
contained in article 8, paragraph 3(a), of the Covenant.
29.
The Working Group further notes the important work of other charter-based bodies
of the United Nations, including resolution 2004/13 of the Commission on Human Rights
on the appointment of a Special Rapporteur on the situation of human rights in the
Democratic People’s Republic of Korea and the reporting by the special procedures
mandate holders.
30.
In his most recent report to the General Assembly (A/68/319), the Special
Rapporteur stated:
“According to the information received, labour camps for political prisoners have
been in operation since the 1950s in the Democratic People’s Republic of Korea. It
is reported that individuals who have committed or are perceived to have committed
a political crime are involuntarily or forcibly taken to an interrogation facility,
detained and typically subjected to torture until a confession is obtained. After being
declared guilty by the State Security Protection Agency, the detainee is either
executed immediately or transferred to a prison camp. Throughout their detention,
prisoners are reportedly not given a trial and are held incommunicado without any
information concerning the charges against them or the length or place of detention.
According to reports, detainees have been held in harsh conditions. It has been
alleged that prisoners, including children, have been subjected to forced labour, and
that torture and public executions are common within the camps. Reports also
suggest that women have been subjected to sexual exploitation, rape, forced abortion
and killing. In at least four camps, the majority of prisoners reportedly remain in
6