Article 9, paragraph 3 of the ICCPR states that criminal suspects arrested or detained on a criminal charge shall be brought promptly before a judge or an authority who can exercise judicial power and shall have the right to receive a trial or be released within a reasonable time frame. The Article also states that detention before trial is, at all times, exceptionally allowed. North Korea has not established a warrant review system under which the validity of warrants is reviewed by a judge. According to the North Korean Criminal Procedure Law, when suspects are arrested during the investigation stage, they should be immediately released if there is no approval by a prosecutor within 48 hours or if there is no validation within 10 days that the suspects are guilty (Article 143). Moreover, if they are arrested in the process of the preliminary examination, approval by a prosecutor is required to determine whether or not to execute the decision to imprison them (Article 185). According to the UN
NKHR2018000089 2018-08-27.
NKHR2018000099 2018-10-01.
Human Rights Committee, in order to be recognized as an authority with the power to exercise judicial power, independence, objectivity and fairness requirements must be satisfied; however, it is noteworthy that prosecutors are not considered such authority.70 In addition, the North Korean Criminal Procedure Law stipulates the period of time during which suspects may be imprisoned in each stage of the investigation, preliminary examination and prosecution. Still, the period of detention for a preliminary examination may last up to five months, which is excessively long for detention before trial (Articles 186 and 187).
According to a North Korean defector who had worked at the Prosecutor’s Office as a prosecutor until 2013, only those who have been sentenced to imprisonment are detained in the detainment room within the Prosecutor’s Office, and investigation of a suspect may be conducted for the maximum of 10 days, after which the suspect must be released.71 Based on this testimony, it appears that there are internal regulations regarding detention.
In addition, cases in which the period prescribed by law is not complied with and detainees are detained for an excessively long period have been reported. A North Korean defector from Yanggang Province testified that he/she was sentenced to correctional labor punishment in 2015 after being detained in a
UNHRC, “General Comment No. 35, Article 9 (Liberty and security of person),” 16 December, 2014, para. 32.
NKHR2020000032 2020-08-04.
detention center (guryujang) for nine months, and the period he/she was detained in the detention center (guryujang) was excluded from the duration of the punishment.72
NKHR2018000034 2018-05-07.
TableⅡ-13 Period of Investigation, Preliminary Examination and Prosecution and Detention Period for Suspects
Investigation Period
Criminal Procedure
Law (Article 143)
When a criminal suspect or a criminal arrested pursuant to Article 142 of this Law is detained, the investigator shall prepare a detention decision within 48 hours from the time of arrest and obtain approval of a prosecutor, conduct an investigation for the maximum of 10 days from the date of arrest, and send the said criminal suspect or criminal to go through preliminary examination.
If there is no approval by a prosecutor or validation within 10 days from the date of arrest that the said criminal suspect is guilty, the said criminal suspect or criminal shall be released.
(The rest is omitted)
Preliminary Examination
Stage
Criminal Procedure
Law (Article 150)
Preliminary examination of a criminal case shall be completed within two months from the date when the preliminary examination of the case begins.
Preliminary examination of a criminal case to which labor training punishment may be applied shall be completed within 10 days.
(The rest is omitted)
Criminal Procedure
Law (Article 151)
Preliminary examination of a particularly complex criminal case for which preliminary examination cannot be completed within the period stipulated in Article 150, paragraph 1 of this Law may be conducted for up to five months from the date when the preliminary examination begins pursuant to Article 187, paragraphs 1 and 2 of this Law.
If preliminary examination of a criminal case that may result in labor training punishment cannot be completed within the period stipulated in Article 150, paragraph 2 of this Law for an inevitable reason, the period of preliminary examination may be extended by five days upon approval by a prosecutor.
Criminal Procedure
Law (Article 186)
A preliminary examinee shall not be detained for preliminary examination for more than two months.
(The rest is omitted)
Criminal Procedure
Law (Article 187)
As for a complex criminal case for which preliminary examination cannot be completed within the period stipulated in Article 150, paragraph 1 of this Law, the detention period of a preliminary examinee may be extended by one month upon approval by the head of a provincial (direct-controlled municipal) Public Prosecutors’
Office for cases examined by city (district)/county/province (direct-controlled municipality) preliminary examination officers or by the Central Public Prosecutors’ Office for cases examined by central preliminary examination officers.
As for a complex criminal case that requires longer detention period, the detention period of a preliminary examinee may be extended by two months upon approval by the head of the Central Public Prosecutors’
Office.
As for a complex criminal case that may result in labor training punishment for which preliminary examination cannot be completed within the period stipulated in Article 150, paragraph 2 of this Law, the detention period of a preliminary examinee may be extended by five days upon approval by a prosecutor.
Prosecution Stage
Criminal Procedure
Law (Article 261)
A prosecutor who receives case records from a preliminary examination officer shall make a decision to review the case and review and process the case within 10 days. However, the period of review and processing of a particularly complex or serious case that cannot be reviewed and processed within 10 days may be extended by five days.
Records of a criminal case that may result in labor training punishment shall be reviewed and processed within five days.
Criminal Procedure
Law (Article
262)
The detention period of a preliminary examinee for prosecution shall be 10 days. However, as for a particularly complex or serious case, the detention period may be extended by five days.
The detention period of a preliminary examinee to whom labor training punishment may be imposed shall be five days.