A/HRC/WGAD/2013/35
custody until their death. Over the past few decades, it is estimated that at least
400,000 prisoners have perished in the camps.”1
31.
The Working Group further takes note of the attention drawn by the Special
Rapporteur to the:
“particularly worrying practice, widely documented by the United Nations, [of]
detention due to guilt by association: when a person is punished for a political or
ideological crime, members of his or her family are also punished. Up to three
generations of family members of detainees are sent on this basis to the camps in the
Democratic People’s Republic of Korea. Detainees are often not told the reasons for
their detention or whether they will ever be released. No information regarding their
whereabouts is provided to friends, neighbours, co-workers or more distant relatives
who enquire about them.”2
32.
The Working Group recalls that on 3 October 2012, it, together with the Special
Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea;
the Special Rapporteur on extrajudicial, summary or arbitrary executions; the Special
Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment; and
the Working Group on Enforced or Involuntary Disappearances, sent a joint allegation
letter to the Government of the Democratic People’s Republic of Korea on the alleged use
of labour camps for political prisoners. After receiving no response from the Government,
the mandate holders issued a press release in February 2013 calling for an international
inquiry into the human rights abuses in the Democratic People’s Republic of Korea, to shed
light on the country’s extensive political prison camp system.3
33.
The Working Group takes note of the recently established Commission of Inquiry on
human rights in the Democratic People’s Republic of Korea, which has been mandated by
the Human Rights Council to investigate the systematic, widespread and grave reports of
violations of human rights in the Democratic People’s Republic of Korea, with a view to
ensuring full accountability, in particular for violations which could amount to crimes
against humanity.4 Among the violations to be investigated are those pertaining to the right
to food, those associated with prison camps, torture and inhuman treatment, arbitrary
detention, discrimination, freedom of expression, the right to life, freedom of movement,
and enforced disappearances, including in the form of abductions of nationals of other
States.
34.
In a statement made to the 68th session of the United Nations General Assembly
Third Committee on 29 October 2013, the Chair noted that the “[Commission of Inquiry’s]
final conclusions and recommendations must await the end of the investigation. However,
the entire body of evidence gathered so far points to what appear to be large-scale patterns
of systematic and gross human rights violations”.
35.
The Working Group noted in its opinions No. 4/2012 and No. 47/2012 (Democratic
People’s Republic of Korea) referred to above that, under certain circumstances,
widespread or systematic imprisonment or other severe deprivation of liberty in violation of
fundamental rules of international law may constitute crimes against humanity. The current
case makes it necessary to reaffirm this. The duties to comply with international human
rights that are peremptory and erga omnes norms such as the prohibition of arbitrary
detention rest on all bodies and representatives of the State, and on all individuals.
1
2
3
4
A/68/319, para. 21.
Ibid., para. 24.
“UN experts call for an international inquiry into North Korea human rights abuses”, 28 February
2013. Available at http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=
13058&LangID=E.
A/HRC/RES/22/13.
7