WARMBIER v. DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA Cite as 356 F.Supp.3d 30 (D.D.C. 2018) rized below, followed by an overview of the procedural history of this case. The factual background is based upon the detailed declarations submitted by the plaintiffs in support of their motion for default judgment, as well as exhibits and testimony presented at an evidentiary hearing held on December 19, 2018.3 A. Otto Warmbier’s Detention in North Korea Otto Warmbier, a 21-year-old University of Virginia student, with a curiosity to learn more about the world through travel, took a five-day trip to North Korea, between December 29, 2015 and January 2, 2016, in advance of a study abroad program in China. H’rg Tr. (Rough) at 13–15 (F. W.); id. at 59 (C. W.); C. W. Decl. ¶¶ 15–16. Otto had an ‘‘open mind’’ and ‘‘wanted to explore,’’ and he viewed the trip to North Korea as an opportunity to experience a different culture and way of life. H’rg Tr. (Rough) at 59, 64–65 (C. W.); C. W. Decl. ¶ 15. Although Otto’s parents were ‘‘nervous’’ about Otto’s trip, a University of Virginia professor advised Otto that travel to North Korea was safe with certain tour groups, and the website for the operator of Otto’s tour group, Young Pioneer Tours, attested to the safety of their guided trips into North Korea. Decl. of Frederick Warmbier ¶ 5 (‘‘F. W. Decl.’’), ECF No. 16-1; H’rg Tr. (Rough) at 14 (F. W.). On January 2, 2016, Otto’s scheduled departure date from North Korea, Fred and Cindy expected Otto to call them when he arrived in China, but that call never came. H’rg Tr. (Rough) at 14–15 (F. W.); F. W. Decl. ¶ 5. The next morning, the tour company explained that Otto missed his flight because North Korean officials 3. Six witnesses testified at the evidentiary hearing: Otto’s parents, Fred and Cindy Warmbier, his younger siblings, Austin and 37 took him out of the security line at the Pyongyang Sunan International Airport, and he could not leave North Korea with the rest of his tour group. H’rg Tr. (Rough) at 15 (F. W.); F. W. Decl. ¶ 5; C.W Decl. ¶ 16. The tour company reassured Otto’s parents that ‘‘everything was fine,’’ adding that the president of the tour company stayed with Otto and he would be ‘‘on the next flight out.’’ H’rg Tr. (Rough) at 15–16 (F. W.); F. W. Decl. ¶ 5. Over ‘‘the next day or two,’’ the tour company again reassured Otto’s parents that ‘‘everything was fine,’’ and Otto’s inability to leave North Korea ‘‘was just a misunderstanding.’’ F. W. Decl. ¶ 6; H’rg Tr. (Rough) at 15 (F. W.). Shortly thereafter, however, the tour company said that Otto was sick and had been taken to a hospital, and the president of the tour company left North Korea for China, leaving Otto unaccompanied in North Korea. H’rg Tr. (Rough) at 15–16 (F. W.); F. W. Decl. ¶ 6. When Otto was detained, the U.S. State Department advised Fred and Cindy that Otto’s detention was part of North Korea’s ‘‘normal routine’’ when ‘‘they want something,’’ and assured them that, ‘‘based on history,’’ Otto would ‘‘be home in six months.’’ H’rg Tr. (Rough) at 17–18 (F. W.). The State Department cautioned the Warmbiers against speaking to media outlets or publicly about Otto’s detention because North Korea was ‘‘going to want something for Otto,’’ and the more the family spoke publicly, ‘‘the more it’s going to cost.’’ Id. at 17, 22–24 (F. W.); id. at 65 (C. W.). Otto’s parents were also told that, at some point, North Korea would permit Otto to call home, usually late at night, and in a statement dictated by North Korea through Otto would provide a clue as to Greta Warmbier, and two experts on North Korea, David Hawk and Professor Sung-Yoon Lee.

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