C. Labor Exploitation of Prisoners in Holding
inmates’ family members do “business(Saeop)” to the police officer in charge. Another North Korean defector who had been detained in the Administrative Detention Center in Nanam region from May to July in 2015 said that he/she was mobilized to frame the pavement blocks for about 12 hours a day.35 According to his/her testimony, the administrative detention center is likely to call the relevant MPS when a person in question does not have money. However, for those with money, the director and officers of the center do not call the police right away as they do not want to split the money that can come directly to their pocket. According to the testimony, those repatriated from China had to stay in the holding center longer than others as they had a lot of clothing, money, and valuables. Another North Korean defector who stayed in the holding center in Hyesan City, Yanggang Province for a month in April 2014 testified that he/she was mobilized to pile up gunny sacks for rationing since day one.36 According to the testifier, those forcefully repatriated from China had to work with shackles on and even children were mobilized to work on tasks, such as planting trees.
NKHR2018000074 2018-07-30.
NKHR2018000010 2018-03-12.
TableⅡ-12 Cases of Forced Labor in Holding Centers
Testimonies Testifier ID
In 2014, the testifier weeded dry fields in the holding center in Chongjin City, North Hamgyeong Province for four months. The holding center did not notify the Daehongdan County Security Department, Yanggang Province (which had the jurisdiction over the testifier) fast as the holding center did not have enough manpower to do the job.
NKHR2017000093 2017-10-23
In May 2014, the testifier did weeding and transporting the excrement from the toilet for 15 days at the holding center in Hyesan City, Yanggang Province. Whenever the testifier was not doing the job well or caught the eyes of correctional officers, he/she was kicked or beaten up with thick club or shovel.
NKHR2018000077 2018-07-30
In July and August 2014, the testifier was mobilized for cement construction work when detained in the holding center in Hyesan, Yanggang Province.
NKHR2016000025 2016-03-08 In September 2015, the testifier was mobilized in the
construction work when he/she was detained in the Yongsan holding center in Nason Special City, North Hamgyeong Province.
NKHR2018000001 2018-03-12 In December 2016, the testifier was forced to participate in
making fertilizer with human manure when he/she was detained in a holding center for travelers in Chongjin, North Hamgyeong Province.
NKHR2017000054 2017-07-31 From December 2016 to March 2017, the testifier was
mobilized in making soccer balls and gathering firewood when he/she was detained in Songpyeong Jipkyulso in Chongjin, North Hamgyeong Province.
NKHR2017000099 2017-10-23
D. Evaluation
It is found that North Korea continues to practice forced labor prohibited by Article 8, paragraph 3 of the ICCPR. Key examples include imposing labor training punishment for relatively minor offenses, imposing re-educational labor discipline under the Administrative Penalty Law and the People’s Security Enforcement
Law, and forcing labor on those who are temporarily detained in holding centers. Relevant cases were reported in the 2018 survey as well. In particular, holding centers located in the border areas appear to impose severe labor on its detainees.
4
Right to Liberty and Security of Person
The UDHR stipulates the right to liberty and security of person along with the right to life in Article 3, which is the first provision on substantive rights. “Liberty” refers to freedom from physical restrictions, not general freedom of action, and “security” refers to freedom from mental and physical injury, or the maintenance of physical and mental integrity. Article 9 of the ICCPR defines the right to liberty and security of person in five paragraphs. Paragraph 1 states that arrest or detention should not be arbitrary or illegal.
Paragraphs 2 to 5 stipulate procedural protections to secure liberty and security; part of paragraph 2 and paragraph 3 only apply to criminal procedures while the rest of the paragraphs apply to all those whose liberty is deprived.
TableⅡ-13 Article 9 of the ICCPR
Paragraph 1
Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
Paragraph 2
Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.
Paragraph 3
Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.
Paragraph 4
Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that the court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.
Paragraph 5 Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.
The following sections examine the situations in North Korea by major issues related to liberty and security.