HAN KIM v. DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA
Cite as 950 F.Supp.2d 29 (D.D.C. 2013)
State Sponsors of Terrorism until the
whereabouts of Reverend Kim had been
made known. Id. ¶ 25, Ex. E. This letter
was followed by a letter from Representative Henry Hyde in his capacity as the
Chairman of the House Committee on International Relations, dated November 4,
2005, after the Illinois congressional delegation had returned from a trip to Japan.
Id. ¶ 25, Ex. F.
A recently declassified internal State
Department cable dated February 3, 2000,
from representatives stationed in Seoul
communicating with headquarters in
Washington, D.C., states that a local Chinese paper reported that Chinese investigators had ‘‘strong evidence’’ that Reverend Kim was kidnapped from China by
DPRK agents who had crossed over into
China in late December to plan the abduction. Id. ¶ 26, Ex. G. The cable—authored
a mere two weeks after Reverend Kim’s
abduction—further reported that ten people were involved in Reverend Kim’s kidnapping, including a couple posing as
North Korean defectors, and that Reverend Kim was held hostage in China before
being transported into North Korea by his
captors. Id. The State Department’s 2003
country report on North Korea discusses
North Korea’s responsibility for disappearances and refers to ‘‘unconfirmed reports
that in January 2000 North Korean agents
kidnapped a South Korean citizen, Reverend Kim Dong Shik, in China and took him
to North Korea.’’ Decl. of Robert Tolchin,
Dkt. No. 37 at 3. The State Department
also recounts that North Korea engaged in
torture including ‘‘severe beatings, electric
shock, prolonged periods of exposure, humiliations such as public nakedness, and
confinement to small ‘punishment cells[.]’’
Id. at 4. The report describes harsh prison
conditions in North Korea where ‘‘starvation and executions were common’’ and
former prisoners reported severe beatings
and ‘‘torture involving water forced into a
victim’s stomach with a rubber hose and
37
pumped out by guards jumping on a board
placed across the victim’s abdomen[.]’’ Id.
A 2009 State Department country report
on human rights practices in the DPRK
states that the North Korean government
was responsible for disappearances and
that ‘‘[i]n 2008 the media reported South
Korean missionary Kim Dong-shik had
most likely died within a year of his 2000
disappearance near the China–DPRK border.’’ Decl. of Robert Tolchin, Dkt. No. 38
at 3. The 2009 report reiterates the reported torture methods and the harsh conditions of the prisons in North Korea. Id. at
3–4. However, the State Department cable and reports do not provide any firsthand accounts of Reverend Kim’s treatment, or address the nature or severity of
any torture Reverend Kim suffered, or
specify the frequency or duration of the
acts of torture or the parts of the body at
which they were aimed or any weapons
used to carry them out.
Expert research on human rights abuses
in North Korea has reported widespread
and systematic repression by DPRK operatives of DPRK citizens and foreign nationals, specifically by means of forced abductions and confinement in kwan-li-so, or
political penal-labor colonies. The reports
are based on first-hand accounts and satellite photography, among other data. Declaration of Professor David Hawk (‘‘Hawk
Decl.’’) ¶¶ 8–13. Professor David Hawk
has expertise in human rights in North
Korea, has published extensively on that
issue, and has interviewed scores of former
prisoners with first-hand accounts of treatment in North Korean camps. He declared that prisoners of the penal colonies
face harsh conditions and treatment, including below-subsistence food rations,
back-breaking forced physical labor, brutal
beatings, long-term solitary confinement,
rape, and forced abortion. Id. ¶¶ 14–19.
Prisoners are forced to perform labor
twelve or more hours a day, seven days a