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-