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third party,’ ’’ and the plaintiff must identify a ‘‘ ‘nexus between what happened to
[the hostage] in [the foreign state] and any
concrete concession that [the foreign sovereign] may have hoped to extract from
the outside world.’ ’’ Id. at 360 (quoting
Price, 294 F.3d at 94). A plaintiff, however,
‘‘need not allege that the hostage taker
had communicated its intended purpose to
the outside world.’’ Id.
Here, ample evidence has been presented that North Korea detained Otto and
persisted in detaining him for political
leverage with the United States. For instance, Fred and Cindy spoke ‘‘regularly
with representatives from the Department
of State as well as other senior United
States officials, and were told on several
occasions that Otto was being imprisoned
in North Korea because North Korea
wanted something from the United States,
and that he would not be released until
they had obtained that.’’ F. W. Decl. ¶ 15.
Then-Secretary of State John Kerry, in
particular, told Otto’s family in a meeting,
after Otto’s trial and sentencing in North
Korea, that ‘‘Otto is being held hostage by
North Korea,’’ and ‘‘they will want something in exchange for releasing him.’’ Id.;
see also H’rg Tr. (Rough) at 26 (F. W.); C.
W. Decl. ¶ 19 (‘‘Several United States officials also told us that Otto was continuing
to be held because North Korea wanted
something from the United States and
would not let him go until they got something in return.’’).
The expert David Hawk, who has authored multiple reports on North Korean
prison facilities for international organizations, explained that, ‘‘North Korea imprisoned and continued to imprison Otto in
order to use his fifteen-year sentence of
imprisonment to compel the United States
to send a high level official to North Korea
to increase its stature and to open a dialogue with North Korea during a time
when the two countries were not communicatingTTTT’’ Hawk Expert Decl. ¶ 39; see
also H’rg Tr. (Rough) at 102–03 (Expert
David Hawk) (explaining Otto’s detention
fit North Korea’s ‘‘pattern’’ of holding
Americans hostage to serve its goal of
‘‘opening dialogue’’ with the United
States). This view is corroborated by the
expert Bob Collins, who confirmed that,
‘‘North Korea would view’’ Otto’s detention
‘‘as giving it leverage in its foreign policy
goals, such as the ongoing development of
its nuclear program during the time of
Otto’s imprisonment.’’ Collins Expert Decl.
¶ 33; id. ¶ 34 (‘‘[North Korea] would have
believed the nature of [Otto’s] crime as
giving them a particularly strong ability to
leverage their custody of him into achieving foreign policy goals with the United
States as they could attribute the United
States with a heinous affront to North
Korean sovereignty.’’). Quite transparently, North Korea made the political leverage purpose of Otto’s detention clear when
a spokesman for the North Korean Foreign Ministry stated after Otto’s death,
‘‘Warmbier is a victim of policy of ‘strategic patience’ of Obama who was engrossed
in utmost hostility and negation against
the DPRK and refused to have dialogue
with the DPRK.’’ Hatch Decl., Ex. G
(KCNA Article titled, ‘‘DPRK FM Spokesman Accuses U.S. of Slandering Humanitarian Measure’’).
According to Professor Lee, for North
Korea, hostage taking is ‘‘a very wellhoned craft’’ and ‘‘a tool of North Korea’s
diplomacy,’’ designed ‘‘to compel the United States to negotiate from a position of
weakness.’’ H’rg Tr. (Rough) at 121.
‘‘North Korea carefully plans the timing of
events that it knows will have a substantial
geopolitical impact.’’ Lee Expert Decl.
¶ 11. Otto’s case is no exception, as North
Korea detained Otto ‘‘to deter the United
States from responding either with military action or sanctions in the face of