TableⅡ-23 Extreme Labor in Prison Camps (Kyohwaso)
Testimonies Testifier ID
While imprisoned in Gaecheon Kyohwaso from August 2014 to July 2015, the testifier was forced to work 14 hours a day because too much work was assigned. The testifier was severely beaten and not allowed to sleep when he/she did not complete the assigned work properly.
NKHR2016000114 2016-07-12
While imprisoned in Gaecheon Kyohwaso from May to August in 2015, the testifier worked for approximately seven hours a day in the vegetable unit.
NKHR2018000080 2018-07-30 While imprisoned in Jeongeori Kyohwaso from 2015 to
August 2016, the testifier worked to drag three-meter long trees when he/she was very weak. It took two and a half hours to climb up the mountain and six hours to come down.
He/she was beaten with an oak cane when he/she failed to complete assigned daily tasks. Some inmates died immediately after being crushed by a tree while dragging it to the ground.
NKHR2017000047 2017-07-03
While held in Gaecheon Kyohwaso in 2016, the testifier was mobilized for various works including mining coal, farming, carrying stones, painting limestone and putting up steel bars.
NKHR2017000122 2017-11-20 While imprisoned in Gaecheon Kyohwaso from December
2014 to July 2017, the testifier was assigned to work at the cookhouse and worked from 3 am to 10 pm.
NKHR2022000017 2022-06-13
D. Issues Related to the Treatment of Unconvicted
criminal justice, as stipulated in Article 6, paragraph 5 of the ICCPR.143
In the current North Korean laws, provisions for unconvicted/
convicted juvenile prisoners are hard to find. Testifiers have claimed that they witnessed children being mobilized for labor in holding centers (jipkyulso).144 It appears there is a need for a more detailed survey on convicted and unconvicted juvenile prisoners.
E. Evaluation
Violence and cruel treatment have long been routine in all types of detention facilities such as prison camps (kyohwaso), labor training camps (rodongdanryundae), holding centers (jipkyulso) and detention centers (guryujang). In particular, the level of violence and cruel treatment imposed in the MSS holding centers (jipkyulso) and detention centers (guryujang) located in border areas where forcibly repatriated defectors are detained and interrogated is extremely serious. It has been reported that the nutrition, sanitation and health care in detention facilities are also still very poor. These conditions constitute a violation of Article 10, paragraph 1 of the ICCPR, which stipulates the humane
UNHRC, “CCPR General Comment No. 21: Article 10 (Humane Treatment of Persons Deprived of Their Liberty),” 10 April, 1992, para. 13.
NKHR2017000130 2017-12-18; NKHR2018000010 2018-03-12.
treatment of people deprived of their freedom. The use of violence and cruel treatment at detention facilities may also constitute a violation of Article 7 of the ICCPR (that prohibits torture and inhuman treatment), and deaths at detention facilities may constitute a violation of Article 6 of the ICCPR (that stipulates protection of the right to life). The treatment of unconvicted prisoners seems to be poorly protected except for the fact that unconvicted and convicted prisoners are confined separately. With respect to the treatment of convicted prisoners, it appears that measures not in accordance with the original purpose of the correctional system are carried out, including the imposition of excessive labor.
On the other hand, testimonies have been collected claiming that the use of violence and cruel treatment in detention facilities has decreased over time. Moreover, it has been reported that there were improvements in terms of the nutrition, sanitation, and health care in some detention facilities. It is necessary to continue to observe whether the conditions at detention facilities are improving. Moreover, the international community needs to continuously call for the improvement of human rights in detention facilities in North Korea.
6
Right to Freedom of
Movement and Residence
The right to freedom of movement and residence is one of the fundamental rights of people. Exercising one’s freedom of movement, including choosing where to live and move, can further ensure other aspects of human rights. In this context, major international human rights standards also underline the legitimacy of protecting freedom of movement. Article 13 of the UDHR stipulates that “everyone has the right to freedom of movement and residence within the borders of each state,” while Article 12 of the ICCPR provides for the right to freedom of residence and movement, as detailed in the following table.
TableⅡ-24 Article 12 of the ICCPR Paragraph 1
Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.
Paragraph 2 Everyone shall be free to leave any country, including his own.
Paragraph 3
The above-mentioned rights shall not be subject to any restrictions, except those which are provided by law, that are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.
Paragraph 4 No one shall be arbitrarily deprived of the right to enter his own country.
This chapter will examine the major issues related to the situation in North Korea regarding the freedom of movement and residence.