HAN KIM v. DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA
Cite as 950 F.Supp.2d 29 (D.D.C. 2013)
cal punishment.’’ Downs Decl. ¶ 11; see
also Downs Supp. Decl. ¶ 11. Thus,
‘‘[p]risoners in North Korea’s political prisons do not often survive.’’ Downs Supp.
Decl. ¶ 7. Downs states that he is aware of
the testimony of 1000 former North Korean prisoners and Downs ‘‘does not know of
any case in which the former prisoner was
not subjected to torture while in the prison
camp.’’ Downs Supp. Decl. ¶ 10. Downs
provides numerous examples from former
prisoners describing inmate mistreatment
in DPRK prisons and facilities. In particular, Downs submits an excerpt from
Hawk’s book The Hidden Gulag which
recounts inmates who were subject to
burnings, skin piercing, water torture, being hung by wrists or upside-down, sleep
deprivation, food deprivation, facial and
shin beatings with rifle butts, whippings
with belts, beatings in the legs with a
wooden stave, undersized punishment cells
where detainees could not stand up or lie
down and placement in punishment cells
for a week or more. Id., Ex. 1 at 148–52.
Downs also attaches an account of a prisoner who was hung by his hands and feet,
stabbed in the lower abdomen and held
over a fire until he lost consciousness. Id.,
Ex. 2 at 57–58.
Downs also opines that ‘‘Reverend Kim’s
killing was motivated by political considerations.’’ Downs Decl. ¶ 7. In his opinion,
‘‘a foreigner abducted by the DPRK for
political purposes, such as Reverend Kim,
after eleven years would still either be
languishing in a North Korea prison camp
or would have already been killed.’’ Id.
¶ 34. He ‘‘believe[s] that credible information on [Reverend Kim’s] treatment in
North Korea has been obtained from defectors.’’ Id. He states that Reverend Kim
probably was subjected to ‘‘severe beatings while in stress positions (such as while
suspended from the ceiling), near starvation, and forced physical exertion to the
point of absolute physical exhaustion.’’
Downs Supp. Decl. ¶ 9. In addition, Downs
39
asserts that he is certain that ‘‘Reverend
Kim has been subject to exceptionally
painful, brutal, and outrageous treatment
while in prison.’’ Id. ¶ 8. Downs also
states that ‘‘[c]redible sources have reported that Reverend Kim died as a result of
his torture and malnutrition.’’ Id. ¶ 6(i).
Thus, Downs concludes that Reverend
Kim’s ‘‘death resulted from torture and
malnutrition deliberately caused by his
North Korean captors.’’ Id. ¶ 13. Downs
neither identifies the former prisoners, the
defectors or other credible sources for
these conclusions, nor reveals their basis
of knowledge about Reverend Kim, nor
says he has spoken with any of them.
Downs does not provide details from the
credible information received concerning
the severity of Reverend Kim’s beatings,
such as their frequency, duration, the
parts of the body at which they were
aimed, or the weapons used to carry them
out.
Do Hee–Youn, a member of a South
Korea-based human rights organization,
heard ‘‘through the information net’’ that
Reverend Kim died in North Korea as a
result of torture and malnutrition in February 2001. Declaration of Do Hee–Youn
(‘‘Do Hee–Youn Decl.’’) ¶ 13. Yoshikuni
Yamamoto, a researcher at a human rights
organization in Washington, DC, stated
generally that ‘‘it was reported’’ that Reverend Kim was tortured after refusing to
collaborate and that he died in February
2001 and was buried in District 91 military
training base in Sangwon-ri near Pyongyang. Yamamoto Decl. ¶ 22. Neither
declaration supplied details about the nature of the reported torture.
Human Rights Watch released a 2007
report discussing the mistreatment of prisoners at detention facilities in North Korea. This report states that
prisoners are subject to strip searches,
verbal abuse and threats, beatings,