A/HRC/WGAD/2012/47
14.
The Working Group recalls its Opinion No. 4/2012 (Democratic People’s Republic
of Korea) concerning Ms. Shin Sook Ja, Ms. Oh Hae Won and Ms. Oh Kyu Won in which
the Working Group held that their detention was arbitrary. It requested that the Government
take the necessary steps to remedy the situation, that is the immediate release of these
individuals, and to accord them an enforceable right to compensation in accordance with
article 9, paragraph 5, of the ICCPR.
15.
The Working Group also takes note of Human Rights Council resolution 7/15 of 27
March 2008 on the situation of human rights in the Democratic People’s Republic of Korea,
and recalls all previous resolutions adopted by the Commission on Human Rights and the
General Assembly on the situation of human rights in the Democratic People’s Republic of
Korea, including Commission resolutions 2004/13 and 2005/11 and Assembly resolution
62/167.
16.
In addition, the Working Group refers to the concluding observations of a number of
different treaty bodies in respect of the Democratic People’s Republic of Korea, including
by the Committee on the Rights of the Child (2009) (CRC/C/PRK/CO/4), the Committee
on the Elimination of Discrimination against Women (2005) (CEDAW/C/PRK/CO/1), the
Committee on Economic, Social and Cultural Rights (2003) (E/2004/22, paras. 510-558)
and the Human Rights Committee (2001) (CCPR/CO/72/PRK). The Human Rights
Committee expressed its serious concern at several issues related to detention, and the lack
of compatibility of the legislation of the Democratic People’s Republic of Korea with the
prohibition of forced labour contained in article 8, paragraph 3 (a), of the ICCPR.1
17.
The Working Group further notes the important work of other charter-based bodies
of the United Nations, inter alia, Commission on Human Rights resolution 2004/13 by
which it established the mandate of the Special Rapporteur on the situation of human rights
in the Democratic People’s Republic of Korea, and the reporting by the special procedures
mandate holders, including the 2011 Report of the Special Rapporteur on the situation of
human rights in the Democratic People’s Republic of Korea (A/HRC/16/58) section G of
which is entitled “Detention and correctional facilities”, concluding that:
In the Special Rapporteur’s following reports, he will continue to focus on correctional
centres and other forms of detention facilities in the Democratic People’s Republic of Korea, with the
hope that this will ultimately prompt the Democratic People’s Republic of Korea to take measures to
improve the situation in various detention centres and prisons.2
18.
In his most recent report to the General Assembly (A/67/370), the Special
Rapporteur declared that he had received reports of the extensive use of political prison
camps, poor prison conditions and human rights violations. He mentioned that in April
2012, a coalition of some 40 non-governmental organizations had compiled information on
some of the most horrific abuses committed in prison camps in the Democratic People’s
Republic of Korea and referred to the estimation that some 150,000 to 200,000 people had
been imprisoned in six camps for alleged political crimes.
19.
The Working Group recalls that it noted in its Opinion No. 4/2012 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, might
constitute crimes against humanity. The current case makes it necessary to reaffirm this.
The duty to comply with international human rights that are peremptory and erga omnes
norms such as the prohibition of arbitrary detention, lies with all bodies and representatives
of the State, and on all individuals.
1
2
4
CCPR/CO/72/PRK, para. 17.
A/HRC/16/58, para. 57.