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Report on Human Rights in North Korea 2014 ͼΠΣΖΒΟ͑ͳΒΣ͑ͲΤΤΠΔΚΒΥΚΠΟ Report on Human Rights in North Korea 2014 ͼΠΣΖΒΟ͑ͳΒΣ͑ͲΤΤΠΔΚΒΥΚΠΟ Korean Bar Association International Bar Association 18F 124, Teheran-ro 4th Floor, 10 St Bride Street Gangnam-gu London EC4A 4AD Seoul 135-784 United Kingdom Korea T: +44 (0)20 7842 0090 T: +82-2-3476-4000 F: +44 (0)20 7842 0091 F: +82-2-3476-2771 [email protected] www.koreanbar.or.kr www.ibanet.org © English language translation, International Bar Association, 2015. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, or stored in any retrieval system of any nature without the prior written permission of the copyright holder. Application for permission should be made to the Content Department at the IBA address. Selling without prior written consent is prohibited. The views expressed in this publication are those of the contributors, and not necessarily those of the IBA. Those views are accurate as of July 2014, when the Korean language version of this report was published. REPORT ON HUMAN RIGHTS IN NORTH KOREA Written by the Korean Bar Association Translated into English language and edited by the International Bar Association, with support from the International Bar Association’s Human Rights Institute KBA Leadership President Changwoo Ha KBA Human Rights Foundation President Lee Sae-joong IBA Leadership President David W Rivkin Vice-President Martin Šolc Secretary-General Horacio Bernardes Neto Executive Director Mark Ellis Editorial and design Director of Content James Lewis Content Editor Isobel Souster Creative Director Tim Licence Typesetter Will Fox IBAHRI Director Phillip Tahmindjis Director, Asia Office Juni Son Contents Foreword ......................................................................................................... i Introduction to authors ................................................................................ iii Glossary of acronyms ................................................................................... vi Chapter One: Introduction .................................................1 1.1 Significance of publication ....................................................................... 2 1.2 Principles of survey and writing .............................................................. 3 1.3 Overview of North Korean human rights situation ............................... 4 Main contents and problems in North Korean human rights laws ........................... 4 Right to life ................................................................................................................... 5 Torture and other cruel, inhuman or degrading treatment or punishment ............ 6 Freedom of religion and belief.................................................................................... 7 Arbitrary detention ...................................................................................................... 8 Freedom of opinion and expression............................................................................ 8 Issues of coercive and involuntary disappearance ...................................................... 8 Discrimination and human rights of socially vulnerable groups ............................... 9 Right to food .............................................................................................................. 11 2014 Report on Human Rights in North Korea Human rights in detention facilities such as political prison camps (kwanliso) and ordinary prison camps (kyohwaso) ............................................................................ 12 Exploitation of labour inside and outside North Korea ........................................... 12 Restrictions on freedom of movement ..................................................................... 14 Reality of human rights of North Korean defectors abroad ................................... 14 Human rights problems arising from relations between North and South Korea ....15 Chapter Two: North Korea’s Human Rights Policy...........17 2.1 North Korean government’s perception of human rights ................... 18 Theoretical basis of human rights concept of North Korea ..................................... 19 HUMAN RIGHTS CONCEPT OF NORTH KOREA AS A SOCIALIST STATE .......................................................... 19 CULTURAL RELATIVISM AND NORTH KOREAN HUMAN RIGHTS .................................................................. 24 NORTH KOREAN HUMAN RIGHTS UNDER THE MONOLITHIC GUIDANCE SYSTEM ............................................. 26 2.2 North Korea’s enforcement of international norms on human rights and its human rights laws ............................................................................ 30 North Korea’s enforcement of international norms on human rights ................... 30 Human rights laws in North Korea ............................................................................ 33 2.3 Reality and changes in North Korea’s human rights policy ................. 36 Reality and changes in civil and political rights ............................................................... 36 Reality and changes in economic, social and cultural rights ........................................... 42 2.4 Conclusion and recommendation .......................................................... 43 Report on Human Rights in North Korea 2014 Chapter Three: North Korean Human Rights Laws and their Application ................................................................47 3.1 Main contents and problems in North Korean human rights laws ..... 48 North Korean legal system’s characteristics and perception of law ........................ 48 North Korea’s legislative changes to justify socialist system and succession of Kim Jong-un ................................................................................................................ 49 RULES OF WORKERS’ PARTY OF KOREA ............................................................................................ 49 TEN PRINCIPLES IN ESTABLISHING PARTY’S MONOLITHIC IDEOLOGICAL SYSTEM ........................................... 50 CONSTITUTION ........................................................................................................................... 51 EVALUATION .............................................................................................................................. 52 Reinforcement of laws related to social control over residents .............................. 52 OVERVIEW ................................................................................................................................ 52 SUBSTANTIVE CRIMINAL LAW ......................................................................................................... 53 CODE OF CRIMINAL PROCEDURE ..................................................................................................... 56 ADMINISTRATIVE PENALTY ACT ....................................................................................................... 58 PEOPLE’S ADMINISTRATION LAW ..................................................................................................... 60 HOUSING ACT ............................................................................................................................ 61 OTHER LAWS .............................................................................................................................. 61 Improvement of human rights laws for socially vulnerable groups ........................ 62 OVERVIEW ................................................................................................................................ 62 SOCIAL SECURITY LAW ................................................................................................................. 62 2014 Report on Human Rights in North Korea SIGNING UP TO THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES ....................................... 63 PROBLEMS ................................................................................................................................ 64 3.2 North Korea’s application of its criminal laws ..................................... 66 Introduction ................................................................................................................ 66 OVERVIEW OF SURVEY ON HUMAN RIGHTS IN NORTH KOREA ................................................................. 66 SOURCES OF NORTH KOREA’S CRIMINAL LAWS .................................................................................... 66 NORTH KOREA’S APPLICATION OF ITS CRIMINAL LAWS ........................................................................... 67 Investigation procedures............................................................................................ 68 ARREST AND CUSTODIAL INVESTIGATION ............................................................................................ 68 RIGHT TO ATTORNEY DURING INVESTIGATION ...................................................................................... 70 UNFAIR, COERCIVE AND HARSH TREATMENT TO OBTAIN A CONFESSION DURING INVESTIGATION ........................ 70 Reality of pre-trial procedures .................................................................................. 70 ARREST AND DETENTION IN PRE-TRIAL PROCEDURES .............................................................................. 71 RIGHT TO ATTORNEY IN PRE-TRIAL PROCEDURES ..................................................................................
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