A/HRC/WGAD/2013/36
told the reasons for their detention or whether they will ever be released and no information
regarding their whereabouts is provided to friends, neighbours, co-workers or more distant
relatives who enquire about them (Ibid.).
31.
The Working Group recalls that on 3 October 2012, 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, it sent a joint letter to the
Government of the Democratic People’s Republic of Korea on the alleged use of labour
camps for political prisoners. Having received 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, which would
shed light on the country’s extensive political prison camp system.
32.
The Working Group takes note of the recently established Commission of Inquiry on
human rights in the Democratic People’s Republic of Korea that was mandated by the
Human Rights Council in resolution 22/13 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. 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.
33.
In a statement made to the sixty-eighth session of the Third Committee of the
General Assembly on 29 October 2013, the Chair of the Committee noted that the final
conclusions and recommendations of the Commission of Inquiry would have to await the
end of the investigation, but that the entire body of evidence gathered to date pointed to
what appeared to be large-scale patterns of systematic and gross human rights violations.
34.
The Working Group recalls that it noted in its Opinions No. 4/2012 and No. 47/2012
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, rests on all bodies and representatives of the State and
on all individuals.
35.
The Working Group holds that the detention of the petitioners in the present case is
arbitrary and in violation of articles 8, 9, 10, 11, 13, 14, 18, 19 and 20 of the Universal
Declaration of Human Rights and articles 8, 9, 12 and 14, 18, 19 of the International
Covenant on Civil and Political Rights. Their detention thus falls within categories I, II and
III of the categories applicable to the cases submitted to the Working Group.
36.
The Working Group will remind the Democratic People’s Republic of Korea of its
duties to comply with international human rights obligations not to detain arbitrarily, to
release persons who are arbitrarily detained and to provide compensation to them. The
Working Group has recalled 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 duties to comply
with international human rights that are peremptory and erga omnes norms, such as the
prohibition of arbitrary detention, rests not only on the Government but on all officials with
relevant responsibilities, including judges, police and security officers and prison officers.
No person can contribute to human rights violations.
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