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rogators are attempting to extract a confession, is when torture most commonly
occurs in North Korea; indeed, it would be
unusual if torture did not occur in this
phase.’’ Id.
Similarly, Bob Collins, an expert having
extensive familiarity with North Korean
interrogation methods, see Collins Expert
Decl. ¶¶ 1–7, noted that Otto’s purported
‘‘confession,’’ which was full of patently
false statements and unnatural language,
see id. ¶ 27, indicates the confession was
‘‘most likely dictated to [Otto] in advance
and the product of torture,’’ id. ¶¶ 27–28.
Professor Sung-Yoon Lee, who specializes
in Korean Studies at the Fletcher School
of Law and Diplomacy at Tufts University,
see Lee Expert Decl. ¶ 1, similarly concluded that ‘‘Otto was likely tortured by
North Korean agents while detained in
order to obtain a confession from him,’’
because it is a ‘‘routinized way through
which North Korea obtains confessions
from individuals in its custody,’’ id. ¶ 24.
Second, Otto was likely tortured based
on the nature of the North Korean crime
to which he was forced to confess and for
which he was convicted: removing a poster
that said, ‘‘Let’s arm ourselves strongly
with Kim Jong-il patriotism!’’ Collins Expert Decl. ¶ 21. According to Mr. Hawk,
‘‘North Korea almost certainly tortured
Otto’’ because this crime would carry a
penalty of ‘‘particularly brutal treatment’’
in North Korea, Hawk Expert Decl. ¶ 38,
or even the penalty of ‘‘execution,’’ H’rg
Tr. (Rough) at 97 (Expert David Hawk).
Mr. Collins confirms that, ‘‘[a] crime of the
nature of which Otto was accused is in fact
the ultimate crime in North Korea;’’ and
North Koreans suspected of similar political offenses ‘‘are seized and deported without judicial process to political prison
camps TTT where they are routinely tortured and mistreated.’’ Collins Expert
Decl. ¶ 22.
Third, North Korea ‘‘most likely further
tortured’’ Otto after his trial and sentencing ‘‘for their own intelligence and foreign
relations purposes.’’ Id. ¶ 30. Indeed,
North Korea probably ‘‘both seized and
maintained custody of Otto’’ and then ‘‘systematically tortured’’ him to ‘‘further certain policy goals: namely, in order to deter
the United States from responding either
with military action or sanctions in the face
of North Korea’s increased nuclear and
conventional weapons testing.’’ Lee Expert
Decl. ¶¶ 20, 25.
Fourth, the general fact of Otto’s detention in North Korea suggests he was tortured. For example, Mr. Hawk opined that
in all North Korean detention facilities,
prisoners ‘‘are uniformly treated with brutality and disregard for human rights.’’
Hawk Expert Decl. ¶ 13. The ‘‘practice of
torture permeates the North Korean prison and detention system,’’ id. ¶ 20, and ‘‘is
particularly common TTT during interrogations,’’ id. ¶ 23. Likewise, Mr. Collins explained that he is ‘‘aware of hundreds of
North Koreans TTT who have been subject
to’’ torture, Collins Expert Decl. ¶ 27, and
concluded Otto was likely tortured based
on that ‘‘routine’’ practice, id. ¶¶ 18, 28.
According to Professor Lee, given the expected and routinized nature of torture in
North Korean facilities, North Korean interrogators ‘‘would have found it unpatriotic not to use torture to get what they
want.’’ H’rg Tr. (Rough) at 126 (Expert
Prof. Sung-Yoon Lee).
Fifth, notably, several torture methods
regularly employed by North Korea are
‘‘consistent with Otto’s condition when he
returned.’’ Collins Expert Decl. ¶ 31. Dr.
Daniel Kanter, the neurologist who cared
for Otto when he returned to the United
States, concluded Otto’s brain damage resulted from the cessation or significant
reduction of blood flow to the brain for five
to twenty minutes, which can be caused by