Article 6, paragraph 2 of the ICCPR states that in countries which have not abolished the death penalty, a death sentence can only be imposed for the most serious crimes based on the law in force at the time of the commission of the crime. The “law” here is generally understood as law in a formal sense, and the expression
“the most serious crimes” may be difficult to define due to its ambiguity. However, the Human Rights Committee explained in its General Comment on the right to life that it should be restrictively
NKHR2015000031 2015-02-10.
interpreted to mean that the death penalty should be an exceptional measure.8 Moreover, in its Concluding Observation on multiple national reports, the Committee pointed out that sentencing the death penalty for treason, piracy, robbery, trading of toxic or hazardous substances, narcotics-related crimes, draft dodging, property crimes, economic crimes, adultery, corruption, and political crimes violates Article 6 of the ICCPR, as these offenses do not constitute the “most serious crimes.” This leaves premeditated murder or attempted murder, and deliberate infliction of serious injury to be classified as the “most serious crimes.”
The current North Korean Criminal Law stipulates the death penalty as the most severe statutory punishment for conspiracy to overturn the State, terrorism, treason against the fatherland, crimes of clandestine destruction, treason against the people, illegal cultivation of opium/manufacturing of narcotics, trafficking/
distribution of narcotics, and premeditated murder. The following
<Table Ⅱ-2> indicates crimes punishable by death under the Criminal Law, and their legal requirements and related statutory penalties.
UN Human Rights Committee, General Comment, No. 6 (1982), para. 7.
TableⅡ-2 Crimes Subject to Capital Punishment under the Criminal Law and their Legal Requirements and Statutory Penalties
Conspiracy to overturn the
State (Article 60)
Extremely serious cases of participation in political revolts, civil disturbances, demonstrations or violent attacks, and conspiracies for anti- state purposes.
Unlimited-term correctional labor
punishment or death penalty and
confiscation of property
Terrorism (Article 61)
Extremely serious cases of murder, kidnapping or harming of officials or citizens for anti- state purposes.
Unlimited-term correctional labor
punishment or death penalty and
confiscation of property
Treason against the fatherland
(Article 63)
Extremely serious cases of betraying the fatherland by fleeing and surrendering to another country; betraying the fatherland or turn over secrets to the enemy.
Unlimited-term correctional labor
punishment or death penalty and
confiscation of property Crime of
clandestine destruction (Article 65)
Extremely serious cases of disloyal destruction for anti-state purposes
Unlimited-term correctional labor
punishment or death penalty and
confiscation of property
Treason against the people (Article 68)
Extremely serious cases of treason against nationals where Korean nationals, living under imperialist rule, engage in persecution of North Korea’s National Liberation Movement, hinder the struggle for unification of the fatherland, or sell the benefits of Korean nationals to imperialists.
Unlimited-term correctional labor
punishment or death penalty and
confiscation of property Illegal cultivation
of opium and manufacturing of
narcotics (Article 206)
Extremely serious cases of cultivating large amounts of opium or manufacturing of narcotics.
Unlimited-term correctional labor
punishment or death penalty Trafficking/
distribution of narcotics (Article 208)
Extremely serious cases of trafficking/
distribution of large amounts of narcotics.
Unlimited-term correctional labor
punishment or death penalty Premeditated
murder (Article 266)
Extremely serious cases of premeditated murder based on greed, jealousy or other despicable motivation.
Unlimited-term correctional labor
punishment or death penalty
In particular, it should be noted that the death penalty was added as the statutory penalty for crimes related to the cultivation of opium and manufacturing of narcotics in the 2013 Criminal Law. As cases of illegal cultivation of opium or manufacturing of narcotics are increasing, it seems that the punishment for such crimes has been reinforced.
TableⅡ-3 Change of Provisions in Criminal Law Related to the Cultivation of Opium and Manufacturing of Narcotics
Criminal Law of
2012
Article 206 (Crime of illegal cultivation of opium, manufacturing of narcotics/toxic materials)
Those who illegally cultivated opium or manufactured narcotics/toxic materials shall be subject to up to one year of labor training punishment.
In cases where the above paragraph’s act is serious, they shall be subject to up to five years of correctional labor punishment.
Criminal Law of
2013
Article 206 (Crime of illegal cultivation of opium, manufacturing of narcotics/toxic materials)
Those who illegally cultivated opium or manufactured narcotics/toxic materials shall be subject to up to one year of labor training punishment.
Those who cultivated large amounts of opium or narcotics/toxic materials shall be subject to up to five years of correctional labor punishment.
Those who cultivated particularly large amounts of opium or narcotics shall be subject to five years or more and up to ten years of correctional labor punishment. When the case is serious, they shall be subject to ten years or more of correctional labor punishment.
When the act in Paragraph 3 is particularly serious, they shall be subject to lifetime correctional labor punishment or the death penalty.
Criminal Law of
2015
Article 206 (Crime of illegal cultivation of opium, manufacturing of narcotics)
Those who illegally cultivated opium or manufactured narcotics/toxic materials shall be subject to up to one year of labor training punishment.
Those who cultivated large amounts of opium or narcotics/toxic materials shall be subject to up to five years of correctional labor punishment.
Those who cultivated particularly large amounts of opium or narcotics shall be subject to five years or more and up to ten years of correctional labor punishment. When the case is serious, they shall be subject to ten years or more of correctional labor punishment.
When the act in Paragraph 3 is particularly serious, they shall be subject to unlimited-term correctional labor punishment or the death penalty.
Meanwhile, North Korea established a unique supplementary provision, the Addendum to the Criminal Law (General Crimes), in 2007. The Addendum reinforced the punishment for general crimes, some of which are subject to the death penalty or the death penalty together with confiscation of property. Moreover, the Addendum to the Criminal Law stipulates that “cases where multiple crimes committed by a single criminal are extremely serious or the criminal displays no feeling of remorse (gaejunseong)”9 at all are punishable by the death penalty. This is a serious issue, as it means that the range of crimes for which the death penalty is applicable can be broadly expanded. However, according to the 2010 Addendum to the Criminal Law, which was obtained in 2017, North Korea decreased the number of crimes punishable by death, and the unlimited-term of correctional labor punishment was added to the crimes that were previously only punishable by death or the death penalty together with confiscation of property.10 This is a slight improvement, considering that the number of crimes subject to the death penalty decreased, and certain crimes are punishable not just by the death penalty but also by restricting physical freedom. Crimes subject to capital punishment under the Addendum to the Criminal Law (General Crimes) of 2007 and 2010, and their statutory penalties, can be seen in <Table Ⅱ-4>.
The word gaejunseong seems to mean gaejeon, which refers to a sense of remorse and a change of heart.
The provision was revised on 26 October 2010, according to the ordinance 1152 and order 44 of the Supreme People’s Assembly.
TableⅡ-4 Crimes Subject to Capital Punishment under the Addendum to the Criminal Law (General Crimes) of 2007 and 2010 and their Statutory Penalties
Addendum to the Criminal
Law of 2007
Extremely serious willful destruction of combat equipment and military facilities
(Article 1)
Death penalty Extremely serious plundering of state
property (Article 2)
Death penalty with confiscation of property Extremely serious theft of state property
(Article 3)
Death penalty with confiscation of property Extremely serious willful destruction or
damaging of state property (Article 4)
Death penalty Extremely serious counterfeiting of
currency (Article 5)
Death penalty Extremely serious smuggling/trafficking of
precious or colored metals (Article 6)
Death penalty with confiscation of property
Smuggling of state resources (Article 8)
Unlimited-term correctional labor punishment or death penalty with confiscation
of property Extremely serious smuggling/trafficking or
narcotics (Article 11)
Death penalty with confiscation of property Extremely serious escape by a prisoner
(Article 14)
Unlimited-term correctional labor punishment or death
penalty Extremely serious misdemeanor
(Article 17)
Unlimited-term correctional labor punishment or death
penalty Operation of unlawful business
(Article 18)
Unlimited-term correctional labor punishment or death
penalty Extremely serious deliberate infliction of
serious injury (Article 19)
Unlimited-term correctional labor punishment or death
penalty Extremely serious kidnapping
(Article 20) Death penalty
Extremely serious rape (Article 21)
Unlimited-term correctional labor punishment or death
penalty Extremely serious theft of private property
(Article 22)
Death penalty with confiscation of property Other exceptional crimes subject to
unlimited-term correctional labor punishment or death penalty
(Article 23)
Unlimited-term correctional labor punishment or death
penalty
Addendum to the Criminal
Law of 2010
Extremely serious willful destruction of combat equipment and military facilities
(Article 1)
Unlimited-term correctional labor punishment or death
penalty Extremely serious plundering of state
property (Article 2)
Unlimited-term correctional labor punishment or death penalty with confiscation
of property
Extremely serious theft of state property (Article 3)
Unlimited-term correctional labor punishment or death penalty with confiscation
of property Extremely serious willful destruction or
damaging of state property (Article 4)
Unlimited-term correctional labor punishment or death
penalty Extremely serious counterfeiting of
currency (Article 5)
Unlimited-term correctional labor punishment or death
penalty Extremely serious smuggling/trafficking of
precious or colored metals (Article 6)
Unlimited-term correctional labor punishment or death penalty with confiscation
of property Extremely serious escape by a prisoner
(Article 7)
Unlimited-term correctional labor punishment or death
penalty Extremely serious kidnapping
(Article 8)
Unlimited-term correctional labor punishment or death
penalty
How the laws and regulations on capital punishment are actually implemented is confirmed based on the testimonies of North Korean defectors who personally witnessed public executions.
Several defectors claimed to have witnessed people being executed for narcotics transactions, watching/distributing South Korean video recordings, murder, plundering, stealing or destroying State property, human trafficking, sexual violence, etc.
What is noteworthy here is that the number of executions due to narcotics transactions or watching/distributing South Korean video recordings has risen over the last few years. Similar testimonies were collected in the 2018 survey. A North Korean man in his 40s who lived in Hyesan City, Yanggang Province and defected in 2018 testified that a man was shot to death at an airfield in Yeonbong-dong for distributing South Korean recordings.11 Another North Korean woman who lived in Hyesan City, Yanggang
NKHR2018000114 2018-10-13.
Extremely serious rape (Article 9)
Unlimited-term correctional labor punishment or death
penalty
Extremely serious theft of private property (Article 10)
Unlimited-term correctional labor punishment or death penalty with confiscation
of property Other exceptional crimes subject to
unlimited-term correctional labor punishment or death penalty
(Article 11)
Unlimited-term correctional labor punishment or death
penalty
Province and defected in 2017 testified that three men were shot to death in October 2014 at an airfield in Yeonbong-dong for distributing South Korean recordings.12 Another defector testified that a man was given an open trial and was shot to death in Hwaryongcheon, Hamheung City, South Hamgyeong Province for drug trading.13 This White Paper assesses that the North Korean authorities are reinforcing their crackdowns and punishments on such cases because narcotics are spreading across North Korea and an increasing number of North Koreans are watching/distributing South Korean video recordings.
TableⅡ-5 Testimonies of Death Penalty Executions Related to Narcotics or South Korean Recordings
Testimonies Testifier ID
In October 2013, a man in his 40s or 50s was shot to death in Chongjin, North Hamgyeong Province after open trial for transporting narcotics and Korean CDs.
NKHR2016000091 2016-06-14 In the winter of 2013, two men were shot to death in Yeonbong-
dong, Hyesan, Yanggang Province, for watching/distributing South Korean recordings.
NKHR2017000112 2017-11-20 In 2014, two men were shot to death for watching Korean drama
and crimes related to narcotics at an airfield in Hyesan, Yanggang Province.
NKHR2015000027 2015-02-10 In May 2014, two men were shot to death for trading drugs
(bingdu) in hop farm, Yeonbong-dong, Hyesan, Yanggang Province.
NKHR2015000039 2015-02-24 In March, 2015, five men in their 30s to 40s were shot to death
in Pyeongsong City, South Hamgyeong Province, after an open trial for watching South Korean recordings and drug trading.
NKHR2017000083 2017-09-25 In February, 2017, around 20 people were shot to death in
Byeoksong County, South Hwanghae Province, for watching and distributing South Korean recordings and drug trading.
NKHR2017000073 2017-08-28
NKHR2018000098 2018-10-01.
NKHR2018000095 2018-08-27.
Meanwhile, in the 2018 survey, there were testimonies by those who witnessed the execution of the death penalty of rapists. A North Korean woman in her 20s who lived in Hyesan City, Yanggang Province testified that several men were shot to death at an airfield in Yeonbong-dong for sexual assault on a minor.14 A North Korean man in his 20s who lived in Pyongsong City, South Pyongan Province testified that three men were shot to death in Hadan-dong, Pyongyang for rape and embezzlement of national assets.15 In addition, in the 2018 survey, there were cases of a man who was shot to death in Hyesan City, Yanggang Province in 2017 for contacting South Korea via phone and helping others go to South Korea16 and of a woman who was shot to death in Onsong County, North Hamgyeong Province in December, 2017 for killing a child next door.17
Recently, cases of the death penalty in the military have been continuously collected. A North Korean man in his 30s who lived in Pyongyang and defected in 2018 testified that he had witnessed the execution of the death penalty three times in his 10 years of military service.18 He said that the last time he witnessed one in the military was in 2013 when a chief officer of an institute
NKHR2018000060 2018-07-02.
NKHR2018000113 2018-10-13.
NKHR2018000114 2018-10-13.
NKHR2018000107 2018-10-01.
NKHR2018000045 2018-06-06.
designing peoples’ military was shot to death at Gangcheon total military officer academy in Sunan region of Pyongyang over the exhibition of the Korean People’s Army Arms and Equipment.