CALDERON–CARDONA v. DEM. PEOPLE’S REP. OF KOREA Cite as 723 F.Supp.2d 441 (D.Puerto Rico 2010) scene [i.e., the Middle East] at a time when they [his PFLP terrorists] were involved in the most important crisis in terrorist activity that they had ever been involved in is an indication of the importance of his [Habash’s] going all the way to North Korea to pay a visit.’’ (Trial Transcript, Dec. 2, 2009, p. 60, ln. 17–22) During the Pyongyang visit, Habash met with the JRA leadership, including Kozo’s brother Takashi Okamoto (‘‘Takashi’’). Takashi had, two years earlier, hijacked a Japanese airliner to North Korea. (Trial Transcript, Dec. 2, 2009, p. 61, ln. 11–20) The visit between Habash and the fugitive JRA leaders hiding in North Korea, who were secluded from the general population and heavily guarded, could not have taken place without the direct assistance and authorization of defendant CGIB. Furthermore, Prof. Rubin states that there were very close links between North Korea and PFLP, and that North Korea actively courted PFLP, its operatives even traveling to Lebanon to visit a major PFLP training camp. (Trial Transcript, Dec. 2, 2009, p. 51, ln. 21–25) The JRA was founded as a radical communist group in 1969. Its first major operation was the March 1970 hijacking of a Japanese airplane to North Korea, which was carried out by nine of its members.10 10. Additional information about defendants’ especially good treatment of these nine JRA terrorists will be referenced in the testimony of Prof. Gunaratna, infra. 11. There are several eyewitness accounts of North Korea–JRA relations from JRA terrorists themselves. Kozo recounted that he was brought into the JRA by his brother, Takashi, who had been one of those who had hijacked a Japanese passenger plane to North Korea in March 1970. Takashi, who was based in Pyongyang and was close to North Korean intelligence, sent Kozo to Beirut for military training with the PFLP in September 1971 for a seven-week course. At the end of the course, Kozo was told he had been selected for the Lod operation. Aside from Kozo and 449 (Exhibit No. 3, p. 11, ¶ 34) Importantly, from its very start, the JRA was largely dependent on North Korea to finance its operations, training, general logistics (including use of North Korea as a safe haven) and collaboration with other terrorist groups. (Exhibit No. 6, ¶ 37) Prof. Rubin testified that ‘‘[i]t would have been impossible for them [the JRA hijackers] to land it [the hijacked Japanese airliner] or been there [in North Korea] for one hour without North Korean government making an explicit decision that this was in their interest and this is something they wanted to promote that they would trust those people to act as their agents.’’ (Trial Transcript, Dec. 2, 2009, p. 58, ln. 25–p. 59, ln. 4) Indeed, without the approval of the communist leadership and the CGIB, which directed every aspect of government policy, no actions in North Korea could be carried out. The JRA numbered only roughly 40 members, and, in contrast to most other terrorist groups, its survival was completely dependent on continued North Korean sponsorship. (Id.) It had no other important state sponsors of its terrorist activities. Similarly, one of the most important assets North Korea possessed was its link to the JRA, over which it had exclusive patronage.11 (Exhibit No. 6, ¶ 38) Among his brother Takashi, two other JRA terrorists illustrate a direct link between North Korea and JRA. Yoshimi Tanaka, a senior JRA member and another of the March 1970 hijackers, was arrested eighteen years later in Thailand. At the time of his arrest, he was holding a North Korean diplomatic passport and traveling with North Korean diplomats. Clearly, he was functioning as a North Korean agent, among the original group recruited at the same time as the future Lod terrorists. Another contact and source of information was the wife of one of the 1970 hijackers who, after her arrest in March 2002, testified that she had received orders from JRA leader Takamaro Tamiya who, in turn, followed the commands of the North Korean government. Under this chain of command she helped kid-

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