result of imposing a death sentence or as an extrajudicial, summary or arbitrary execution, it is bound to be seen by the general population if it is carried out in public. From the perspective of those who witness the execution, the act may constitute cruel, inhuman or degrading treatment, which violates Article 7.41
Although provisions on the procedures and methods of carrying out the death penalty are included in the Criminal Procedure Law and the Judgments and Decisions Enforcement Law of North Korea,42 there is no provision in North Korean laws that explicitly provides for the carrying out of the death penalty in public. Cases of public executions were documented up until 2018; however, testimonies that public executions have disappeared were also noted in the recent surveys. A North Korean defector ○
○○ who defected in 2019 testified that he/she had witnessed a public execution sometime in 2012–2013, and there had been no public execution since then; in addition, another defector ○○○
The COI also stated the following in its report of the detailed findings, “Especially for young children and relatives of the victim, the experience of [watching such killings] is often so horrifying, that the witnesses must themselves also be considered victims of inhuman and cruel treatment in contravention of Article 7 of the ICCPR.” OHCHR, “Report of the Detailed Findings of the Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea”, UN Doc.
A/HRC/25/CRP.1 (2014), para. 830.
Article 421 of the North Korean Criminal Procedure Law stipulates that the death penalty shall be carried out by the punishment enforcement institution that has received the order to execute the death penalty and a certified copy of the written judgment issued by the Central Court. Article 32 of the Judgments and Decisions Enforcement Law provides the same as the Criminal Procedure Law and further stipulates that the death penalty “shall be carried out in ways such as shooting.”
who defected from North Korea in the same year testified that a policy of no public execution was ordered by Kim Jong Un.43
However, testimonies claim that public executions were carried out for political and ideological reasons or acts of superstition. A North Korean defector testified that in 2015, the manager and the Party secretary of the Daedonggang Terrapin Farm were publicly shot to death for political and ideological crimes, such as committing acts against the Party, disobeying the teachings and instructions of the Supreme Leader (Suryeong) and corruption, and the execution was attended by around 1,000 people.44 In addition, a North Korean defector ○○○ testified that policy- based control over acts of superstition was widely carried out between 2018 and 2019, and he/she heard that public executions were held in the process.45 Although it is difficult to accurately analyze the state of public executions in North Korea due to limited information, it can be inferred that the frequency of public executions has decreased compared to the past and that public executions were still carried out for political and ideological crimes and acts of superstition.
According to the testimonies of North Korean defectors, it appears that public executions are still carried out by the North Korean authorities. Testimonies were collected indicating that the
NKHR2020000005 2020-05-15; NKHR2020000032 2020-08-04 NKHR2020000018 2020-07-04.
NKHR2020000011 2020-06-15.
People’s Unit (inminban) announces the time and place of public execution in advance but does not make attendance mandatory,46 people are mobilized in schools or at work to attend public executions,47 and university students who are considered rebellious (so-called “aerosaeng”) are separately mobilized and forced to attend public executions48. However, the number of residents going to see public executions seems to be decreasing compared to the past.
TableⅡ-8 Cases of Public Execution by Shooting
Testimonies Testifier ID
In 2015, three women were publicly executed by shooting at Gilseongpo Port, North Hwanghae Province.
NKHR2019000054 2019-07-29 In February 2015, five men were publicly executed by shooting
at a stadium in Pyeongseong, South Pyeongan Province.
NKHR2017000083 2017-09-25 In the summer of 2015, a City Party official was publicly
executed by shooting in Hyesan, Yanggang Province.
NKHR2016000158 2016-09-20 In October 2016, three men and four women were publicly
executed by shooting at an airfield in Yeonbong-dong, Hyesan, Yanggang Province.
NKHR2017000073 2017-08-28 In 2017, two men were publicly executed by shooting at an
airfield in Yeonbong–dong, Hyesan, Yanggang Province.
NKHR2018000114 2018-10-13 In February 2017, approximately 20 people were publicly
executed by shooting in Byeoksong County, South Hwanghae Province.
NKHR2017000073 2017-08-28 In December 2017, one woman was publicly shot dead at
Onsong County, North Hamgyeong Province.
NKHR2018000107 2018-10-01 In 2018, two people were publicly executed by shooting in
Pyeongseong, South Pyeongan Province.
NKHR2019000024 2019-05-18
NKHR2018000060 2018-07-02.
NKHR2018000098 2018-10-01.
NKHR2018000114 2018-10-13.
Testimonies Testifier ID In 2018, a woman was publicly executed by shooting in
Chongjin, North Hamgyeong Province.
NKHR2019000071 2019-08-26 In January 2018, a woman was publicly executed by shooting
in Sinuiju, North Pyeongan Province.
NKHR2019000111 2019-11-18 Sometime in February–March 2018, a man was publicly executed
by shooting in Onsong County, North Hamgyeong Province.
NKHR2019000118 2019-11-30
Due to limited information, it is not easy to clearly divide the collected cases into those where the death penalty was publicly executed and those where extrajudicial, summary or arbitrary executions were conducted in public. However, aside from whether the minimum legal rights such as the right to trial are guaranteed to defendants, carrying out an execution by shooting in “public” itself is inhuman under Article 7 of the ICCPR, and thus, the above cases, at the very least, constitute a violation of Article 7 of the ICCPR. However, as in the 2018 survey, the 2019 survey collected testimonies claiming that public executions have decreased recently.49 While some answered that public executions disappeared after a certain point of time,50 such answers seem to be limited to the testifiers’ personal experience since there were specific cases of witnessing public executions up until 2018.
Regarding the decrease in the number of public executions, more
NKHR2018000115 2018-10-22; NKHR2019000063 2019-07-29; NKHR2019000083 2019-09-25; NKHR2019000086 2019-10-19; NKHR2019000097 2019-10-21;
NKHR2019000112 2019-11-18.
NKHR2019000021 2019-05-07; NKHR2019000033 2019-06-03; NKHR2019000069 2010-08-26; NKHR2019000070 2019-08-26; NKHR2019000078 2019-09-25;
NKHR2019000082 2019-09-25; NKHR2019000087 2019-10-05.
detailed observation is required to determine if it means that there are more private executions or more summary executions are taking place in secret.
According to KINU’s survey results thus far, when categorized by region, public executions are most often witnessed in Hyesan, Yanggang Province. This finding can largely be attributed to the fact that more than half of the interviewees had lived in Yanggang Province. However, in general, public execution of the death penalty seems to be carried out more frequently in border areas than in inland areas, and in cities than in rural areas. It is analyzed that this tendency may be because there are relatively more illegal activities in border regions and cities, and the North Korean authorities are trying to warn and incite fear among residents in those regions.