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A/HRC/25/CRP.1 Distr.: Restricted 7 February 2014 English only Human Rights Council Twenty-fifth session Agenda item 4 Human rights situations that require the Council’s attention Report of the detailed findings of the commission of inquiry on human rights in the Democratic People’s Republic of Korea* Summary The present document contains the detailed findings of the commission of inquiry on human rights in the Democratic People’s Republic of Korea. The Commission’s principal findings and recommendations are provided in document A/HRC/25/63. * The information contained in this document should be read in conjunction with the report of the commission of inquiry on human rights in the Democratic People’s Republic of Korea (A/HRC/25/63). GE.14-10871 *1410871* A/HRC/25/CRP.1 [English only] Contents Paragraphs Page I. Introduction............................................................................................................. 1–5 5 II. Mandate and methodology of the commission of inquiry....................................... 6-84 5 A. Origins of the mandate ................................................................................... 6-12 5 B. Interpretation of the mandate.......................................................................... 13-20 6 C. Non-cooperation by the Democratic People’s Republic of Korea.................. 21-27 8 D. Methods of work............................................................................................. 28-62 10 E. Legal framework and standard of proof for reported violations..................... 63-78 15 F. Archiving and record-keeping of testimony ................................................... 79-84 18 III. Historical and political context to human rights violations in the Democratic People’s Republic of Korea........................................................... 85-162 19 A. Pre-colonial history ........................................................................................ 87-89 19 B. Japanese colonial occupation (1910 to 1945)................................................. 90-94 20 C. Division of the peninsula, the Korean War and its legacy.............................. 95-109 21 D. Imposition of the Supreme Leader (suryong) system..................................... 110-128 27 E. Consolidation of power under the Kim dynasty ............................................. 129-157 34 F. External dynamics and the human rights situation ......................................... 158-162 43 IV. Findings of the commission .................................................................................... 163-1021 45 A. Violations of the freedoms of thought, expression and religion..................... 163-264 45 B. Discrimination on the basis of State-assigned social class (songbun), gender and disability....................................................................................... 265-354 74 C. Violations of the freedom of movement and residence, including the freedom to leave one’s own country and the prohibition of refoulement ....... 355-492 99 D. Violations of the right to food and related aspects of the right to life ............ 493-692 144 E. Arbitrary detention, torture, executions, enforced disappearance and political prison camps .............................................................................. 693-845 208 F. Enforced disappearance of persons from other countries, including through abduction........................................................................... 846-1021 270 V. Crimes against humanity......................................................................................... 1022-1165 319 A. Definition of crimes against humanity under international law...................... 1026-1032 320 B. Crimes against humanity in political prison camps ........................................ 1033-1067 323 C. Crimes against humanity in the ordinary prison system................................. 1068-1086 330 D. Crimes against humanity targeting religious believers and others considered to introduce subversive influences.................................................................. 1087-1097 333 2 A/HRC/25/CRP.1 E. Crimes against humanity targeting persons who try to flee the country......... 1098-1114 335 F. Starvation........................................................................................................ 1115-1137 339 G. Crimes against humanity targeting persons from other countries, in particular through international abductions................................................ 1138-1154 345 H. A case of political genocide?.......................................................................... 1155-1159 350 I. Principal findings of the commission ............................................................. 1160-1165 351 VI. Ensuring accountability, in particular for crimes against humanity........................ 1166-1210 352 A. Institutional accountability ............................................................................. 1167-1194 352 B. Individual criminal accountability.................................................................. 1195-1203 359 C. Responsibility of the international community............................................... 1204-1210 363 VII. Conclusions and recommendations......................................................................... 1211-1224 365 3 A/HRC/25/CRP.1 Acronyms ACF Action contre la Faim (Action against Hunger) CEDAW Convention on the Elimination of All Forms of Discrimination against Women CESCR Committee on Economic, Social and Cultural Rights CRC Convention on the Rights of the Child DPRK Democratic People’s Republic of Korea FAO Food and Agriculture Organization of the United Nations HRNK Committee for Human Rights in North Korea HRW Human Rights Watch ICCPR International Covenant on Civil and Political Rights ICNK International Coalition to Stop Crimes against Humanity in North Korea ICESCR International Covenant on Economic, Social, and Cultural Rights ICRC International Committee of the Red Cross KBA Korean Bar Association KCNA Korean Central News Agency of the Democratic People’s Republic of Korea KINU Korea Institute for National Unification KPA Korean People’s Army KWAFU Korean War Abductees’ Family Union KWARI Korean War Abductees’ Research Institute LFNKR Life Funds for North Korean Refugees MPS Ministry of People’s Security MSF Médecins Sans Frontières (Doctors Without Borders) NGO Non-governmental organization NHRCK National Human Rights Commission of Korea NKDB Database Center for North Korean Human Rights NKHR Citizens’ Alliance for North Korea Human Rights PDS Public Distribution System POW Prisoner of War ROK Republic of Korea SSD State Security Department UNHCR Office of the United Nations High Commissioner for Refugees USA United States of America WFP World Food Programme WHO World Health Organization WGEID Working Group on Enforced and Involuntary Disappearances 4 A/HRC/25/CRP.1 I. Introduction 1. On 21 March 2013, at its 22nd session, the United Nations Human Rights Council established the Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea (DPRK). Human Rights Council Resolution 22/13 mandated the body to investigate the systematic, widespread and grave violations of human rights in the DPRK, with a view to ensuring full accountability, in particular, for violations that may amount to crimes against humanity.1 2. Among the violations to be investigated were 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. 3. On 7 May 2013, the President of the Human Rights Council announced the appointment of Michael Kirby of Australia and Sonja Biserko of Serbia, who joined Marzuki Darusman of Indonesia, the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea, to serve as the members of the Commission of Inquiry on Human Rights in the DPRK. Mr Kirby was designated to serve as Chair. The Commissioners, who served in a non-remunerated, independent, expert capacity, took up their work the following month. The Commission of Inquiry was supported by a Secretariat of nine experienced human rights officials provided by the High Commissioner for Human Rights. Once appointed, however, the Secretariat worked independently of the High Commissioner for Human Rights. 4. This report builds upon the oral updates which the Commission of Inquiry provided in accordance with Resolution 22/13 to the Human Rights Council in September 2013 and to the United Nations General Assembly in October 2013. 5. The Commission implemented the mandate entrusted by the Member States of the Human Rights Council bearing in mind the Council’s decision to transmit the reports of the Commission to all relevant bodies of the United Nations and to the United Nations Secretary-General for appropriate action. II. Mandate and methodology of the commission of inquiry A. Origins of the mandate 6. The adoption of Resolution 22/13 marked the first time that the Human Rights Council had established a commission of inquiry without a vote. It follows resolutions adopted in 2012 without a vote by the General Assembly and the Human Rights Council that expressed deep concern about the persisting deterioration in the human rights situation in the
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