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356 FEDERAL SUPPLEMENT, 3d SERIES
detaining the young man for over 17
months, the Democratic People’s Republic
of Korea (‘‘North Korea’’) returned Otto’s
comatose body to the United States.2 Before Otto traveled with a tour group on a
five-day trip to North Korea, he was a
healthy, athletic student of economics and
business in his junior year at the University of Virginia, with ‘‘big dreams’’ and both
the smarts and people skills to make him
his high school class salutatorian, homecoming king, and prom king. Decl. of Cynthia Warmbier (‘‘C. W. Decl.’’) ¶¶ 11–16,
ECF No. 16-2; H’rg Tr. (Rough) at 50–51
(Austin Warmbier (‘‘A. W.’’) ); id. at 58 (C.
W.). He was blind, deaf, and brain dead
when North Korea turned him over to U.S.
government officials for his final trip
home. H’rg Tr. (Rough) at 31, 36 (Frederick Warmbier (‘‘F. W.’’) ). Otto died within
a week of his return. Decl. of Dr. Daniel
Kanter (‘‘Kanter Decl.’’) ¶ 20, ECF No. 164.
A deeply knowledgeable expert from the
Fletcher School of Law and Diplomacy at
Tufts University describes North Korea as
‘‘unique’’ in the world today: North Korea
is the ‘‘most advanced, most perfected totalitarian state in world history,’’ H’rg Tr.
(Rough) at 105, 110 (Expert Prof. SungYoon Lee), and has ‘‘perfected its means of
terrorizing’’ both its own people and others, id. at 111. The dictator who leads
North Korea, and his cronies, ‘‘show[ ] no
regard for human life,’’ id. at 127, creating,
for example, a ‘‘manmade TTT famine’’ in
the late 1990s that killed ‘‘upwards of 2
million people,’’ id., and maintaining ‘‘political prisoner concentration camps,’’ id. at
110, such that ‘‘North Korean escapees’’
tell ‘‘a consistent story’’ of ‘‘a life of extreme deprivation and repression,’’ id. at
111. Moreover, North Korea is ‘‘unprece2.
The Warmbier family members will be referenced in the text by their first names to
simplify their identification in this Memoran-
dented’’ in its state sponsorship of ‘‘elicit
activities, like proliferation of weapons of
mass destruction, counterfeiting U.S. dollars, [and] the production and sale of drugs
like opium, heroin, and meth[amphetamines].’’ Id. at 106. Indeed, North Korea
is the world’s ‘‘leading’’ and ‘‘best qualified
candidate for indictment’’ at the International Criminal Court for crimes against
humanity. Id. at 122. An American family,
the Warmbiers, experienced North Korea’s
brutality first-hand when North Korea
seized their son to use as a pawn in that
totalitarian state’s global shenanigans and
face-off with the United States. As Otto’s
mother said, ‘‘there’s evil in this world,’’ id.
at 82 (C. W.), and ‘‘[i]t’s North Korea,’’ id.
Having been compelled to keep silent
during Otto’s detention in North Korea in
an effort to protect his safety, Otto’s parents have since promised to ‘‘stand up’’
and hold North Korea accountable for its
‘‘evil’’ actions against their son. Id. at 58–
60 (C. W.). To that end, Otto’s parents,
Cynthia (‘‘Cindy’’) and Frederick (‘‘Fred’’)
Warmbier, initiated this action individually
and as personal representatives of Otto’s
estate, seeking damages under the Foreign Sovereign Immunities Act, 28 U.S.C.
§ 1602, et seq., against North Korea for its
torture, hostage taking, and extrajudicial
killing of Otto. Compl. ¶¶ 1–5, ECF No. 1.
North Korea never entered an appearance
in, or defended against, this action, and the
plaintiffs now move for default judgment
for the damage caused by North Korea to
Otto and his parents. For the reasons discussed below, default judgment is granted
and Otto and his parents are awarded
damages totaling $ 501,134,683.80.
I.
BACKGROUND
The factual background surrounding
Otto’s detention in North Korea is summadum Opinion, and by their initials in citations
to the hearing transcript.