Unveiling the Imperative of Accountability
Our recent report, "The Accountability Imperative," articulates a strong argument for the international community to take immediate action against human rights violations perpetrated within the Democratic People’s Republic of Korea’s (DPRK) penal system. Based on our findings, which are accessible in our North Korean Prison Database, we demonstrate how incidents of torture and ill-treatment that our team has documented constitute serious breaches of international law and should be investigated and, where they amount to international crimes, prosecuted.
Command, Control, and Ideological Instruction
The WPK's absolute control over the penal system, through mechanisms of command, control, and ideological instruction, allows it to monitor and direct the implementation of domestic policies, including the operation of judicial and penal systems. This centralised oversight ensures that policies related to the penal system are executed by various intelligence, civilian, and military entities under the strict watch of political sections subordinate to the WPK. This structure means that adherence to the ideology of Kimilsungism-Kimjongilism supersedes all legal codes within the DPRK, creating a scenario where not only political dissenters but also ordinary citizens who have not committed recognised crimes become political prisoners, detained without due process. This understanding of political prisoners in the DPRK challenges previous perspectives and highlights the extensive reach of the WPK in enforcing political conformity through the penal system, often detaining individuals for exercising fundamental human rights rather than for committing actual crimes.
Legal Framework
DPRK domestic legislations relevant to the prohibition of torture and ill-treatment consist of the Ten Principles for the Establishment of a Monolithic Leadership System (Ten Principles); the Socialist Constitution of the DPRK; the Criminal Law of the DPRK, consisting partially of the Criminal Code and the Criminal Procedure Code; and the Administrative Punishment Law of the DPRK. However, because the Ten Principles take precedence over other laws and are used to justify punishment for any act allegedly committed in contravention of the guidance of the Supreme Leader, provisions and guarantees of protection and remedies against torture included in domestic laws are nullified in practice. We find the domestic justice system unable to provide citizens protection and remedies against torture. Case Studies
Our report explores three cases, based on interviews with victims who experienced torture and ill-treatment in the DPRK penal system. The experiences of the victims demonstrate egregious violations by the DPRK of its international obligations, specifically the duty to refrain from torture and ill-treatment and prohibit further practice of such treatment within its penal system.
Status of detainees. Source: nkpd.io
In a clear violation of the 1951 Refugee Convention, to which China is a signatory, A1781 was forcibly repatriated to the DPRK’s Kyongwon (Saebyul) County MSS Detention Centre, subsequently transferred for interrogation, and then moved to the county’s MPS Detention Centre. There, under the guise of a routine medical examination at the Kyongwon (Saebyul) County People’s Hospital, A1781 was subjected to a forced medical abortion without her consent, utilising potentially non-sterilized instruments and inducing premature labour without any medical support or pain management. A1781, who was between seven and eight months pregnant, experienced this ordeal without any medical supervision, and the correctional officers intervened physically to complete the procedure. The aborted infant and placenta were then buried by these officers, who witnessed the entire process. The very next day, A1781 was returned to detention and shortly thereafter transferred to Chongori Re-education Camp, where she was forced into labour for over 10 hours daily in a corn field.Next Steps
Our report conclusively found that the DPRK has violated its international obligations concerning torture and ill-treatment, with victims enduring forced abortions, food deprivation, and positional torture, among other serious violations. These actions necessitate investigation. We emphasised the need for a multifaceted approach to accountability, urging the international community to renew its efforts towards justice for the DPRK's human rights victims, marking a crucial next step in the pursuit of accountability and justice by adapting to evolutions in accountability processes and leveraging accumulated evidence for tangible legal outcomes.