Sovereignty-Centric Perception of Human Rights
B. Public Executions
North Korea’s Penal Code stipulates, “Criminal liability shall be confined to those acts of crime stipulated in the Penal Code.”
(Art. 6, North Korean Penal Code) Despite the Penal Code’s stipu- lations, however, various forms of punishment, including capital punishment, are enforced through such means as “proclamations”
and “instructions.” For example, on Jan. 5, 2008, the Organization Bureau of the KWP Central Party Headquarters issued instructions on “making this year free of human trafficking” and disseminated them all across the border regions. This document stipulates mandatory heavy penalties for those caught trafficking humans.
For example, it proclaims that if anyone is found to have partic- ipated in human-trafficking, they shall be put to death without exception.3
used.
Regarding the procedures of public execution, the “defec- tors” have testified as follows: The Republic’s f lag is draped in the background, and people from the Central Prosecutors’ Office will come down to the site. Also participating will be the director of Provincial Safety, the director of the Provincial Security Agency, a court official, and others. The trial is conducted openly. A court official will read out criminal charges and then hand down the sentence. A defector testified that a court official would read out criminal charges and then pronounce that he was handing down the death sentence in accordance with such and such articles of the Penal Code of DPRK.4
Clearly, public execution violates most fundamental of all human rights and poses a direct threat to North Koreans’ right to life. Furthermore, it is a flagrant violation of North Korea’s domestic laws.
First, North Korea has been perpetrating “public executions”
in violation of its own Penal Code. Many victims of public execu- tion face a firing squad even though their crimes do not rise to the level of crime subject to the death penalty as stipulated in the Penal Code. Many North Korean defectors have testified that the right to life of ordinary North Korean citizens, not to mention political prisoners, is seriously jeopardized because the North Korean authorities impose death sentences not only for crimes stipulated in the Penal Code but also for minor social misde- meanors stemming from economic hardship. As pointed out above, In 2007 North Korea made new revisions through its Penal Code Annex (on ordinary crimes) which allow capital punishment
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4_Testimony of defector XXX during an interview in Seoul on Jan. 9, 2008.
for many ordinary criminal offenses in addition to the previous five major categories in the Penal Code. Furthermore, since the revision expanded capital punishment to the area of ordinary crimes, it could also be viewed as an attempt to legally back up North Korea’s legal basis for public executions.
Second, North Korean authorities are violating various pro- visions of Criminal Procedure Law in the process of carrying out public executions. According to North Korea’s Criminal Procedure Law,5 the executing agency, after receipt of a copy of the court decision and the execution order, may carry out the execution only in the presence of a prosecutor and with the approval of the SPA Presidium (Art. 419, 421, 422). Also, the executing agency must notify the sentencing court of the implementation of the death sentence within three days of execution (Art. 423). Article 24 of Court Sentence and Decision Implementation Law, revised in 1998, stipulates that the agency in receipt of the death sentence execution order is responsible for the execution of the death sen- tence. Public executions are therefore clearly in violation of this provision.
During the review session for the 2nd regular report submit- ted by North Korea to the UNHRC, North Korea officially admitted to at least one case of public execution based on evidence present- ed. North Korea said it had publicly executed a violent criminal, Ju Soo-man, in Hamhung in October, 1992, for having brutally murdered his grand parents, Ju Jong-eun (84) and Choi Yon-ok (72). Even though admitting this case of public execution, North
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5_After North Korea made a major revision to its Criminal Procedure Law on May 6, 2004, two more partial revisions were made on July 27, 2005 and Oct. 18, 2006, respectively. The Criminal Procedure Law provisions cited hereinafter are from the 2006 version.
Korea maintained the position that the authorities had done it to comply with the demands of the masses in the area. Based on this logic, the North Korean delegation openly admitted to the practice of public execution during the Universal Periodic Review Session of the UNHRC on Dec. 7th, 2009. During the session, a North Korean delegate said, “Capital punishments in principle are carried out behind the scenes. In exceptional cases, particularly in the case of an extremely heinous crime, public executions are carried out occasionally in compliance with the demands of victims’ families who demand confirmation.” North Korea has officially admitted to the practice of public execution at an open international forum discussing human rights issues.
Despite these arguments of the North Korean authorities, there is evidence clearly showing that North Korean citizens’ rights to life are routinely breached through public executions based on
“proclamations,” an unmistakable violation of the Penal Code and the Criminal Procedure Law. As shown in <Graphic II-1> below, in a “proclamation” cited herein the North Korean authorities absolutely prohibited the circulation of foreign currencies and warned that anyone violating this proclamation could face “public executions.” This proclamation was issued by the Ministry of Peo- ple’s Security (formerly the People’s Security Agency) on Dec. 28, 2009.
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<Graphic Ⅱ-1> Proclamation of the Ministry of People’s Security (formerly the People’s Security Agency)
Proclamation
Regarding Stern Punishment of Those Who Circulate Foreign Currency in the Territory of the Democratic People’s Republic of Korea Strict observance of the system for circulating the nation’s unique currency is the sacred legal duty of all citizens and an important guarantee for safeguarding of our people’s right of self-reliance and the protection of our society’s economic foundation.
Recently, however, some citizens, agencies, enterprises, and social cooperative organiza- tions are wildly violating the nation’s currency circulation system, seriously harming the upright spirit of the people, destroying healthy social disciplines, and disrupting the socialist economic management system.
This is a serious crime constituting very harmful and dangerous behavior which infringes upon the interests of the State and the people, hampers the construction of a Strong and Prosperous Nation, and undermines the system of “socialism in our own style.”
On behalf of the government of the Republic, the Ministry of People’s Security hereby proclaims the following in order to firmly establish the nation’s currency circulation system and to totally eradicate illegal activities involving the circulation of foreign currencies:
1. All citizens, agencies, enterprises, and social cooperative organizations must refrain from circulating foreign currencies in North Korea.
(a) All business units, including restaurants, service outlets, and foreign merchandise shops must conduct all transactions in our currency and stop all service based on foreign currencies.
All professional foreigner service units, including airports and international hotels, must provide service only when foreigners present our currency, after exchanging their foreign money at an exchange booth.
(b) State agencies which formerly accepted foreign currencies must now accept our currency only when collecting various fees, fares, and prices.
(c) All trading agencies (including cooperatives and joint ventures) must supply imported merchandise strictly according to State plans. They must not engage in hoarding or profiteering by transferring imported merchandise to private citizens, agencies, enterprises, or social cooperative organizations, thus encouraging the illegal circulation of foreign currencies.
(d) All citizens must exchange all foreign currencies in their possession into our cur- rency through official currency exchange booths to safeguard our currency circu- lation system. They must not, with their foreign currency, engage in black market trade, private dealings, loan-sharking, cheating, brokering, smuggling, bribing, or swindling.
(e) All agencies, enterprises, and social cooperative organizations must obtain the for- eign currencies they require in accordance with state plans.
The revision of North Korea’s Penal Code in 2009 stream- lined the provisions related to regime security and raised the levels of punishment.6
The level of punishment for the crime of “disloyal destruc- tion” was raised to include capital punishment (Art. 64) and the
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6_Lee Baik-gyu, “An Overview of North Korea’s Penal Code Revision, 2009” (Seoul:
the North Korean Law Study Group, 157th Monthly Seminar, held on September 16, 2010).
2. Except for those units approved by the state, the domestic export targets for all other units shall be abolished. All domestic agencies, enterprises, and social cooperative organizations must not engaged in illegal foreign curren- cy credit transactions.
3. All related banking organizations must properly establish the exchange rate system between our currency and foreign currencies, and responsibly engage in exchange business.
4. All citizens, agencies, enterprises, and social cooperative organizations must not interfere with or hamper the activities of supervisory and control agen- cies and workers engaged in the enforcement of control over illegal foreign currency circulation.
5. All agencies, enterprises, and social cooperative organizations in violation of this proclamation shall be penalized with suspension of business or manage- ment activities or dissolution of business, and all cash and merchandise transacted shall be confiscated. All individuals involved in buying and selling things with foreign currency, black market trade using foreign currency, loan-sharking, brokering, and bribing, as well as those who illegally circulat- ed foreign currencies, or organized or tacitly encouraged such activities, shall be subject to strict legal punishment ranging in severity up to the death penalty, and all cash and merchandise involved shall be confiscated, depend- ing on the nature and level of crime.
6. This proclamation shall go into effect on January 1, 2010, and shall apply to all citizens (including foreigners), agencies, enterprise units, and social coop- erative organizations (including special and military units) in North Korea.
December 28, Juche Year 98 (2009)
The Ministry of People’s Security The Democratic People’s Republic of Korea
crime of “failure to report” was made subject to punishment in connection with “crimes against the people” as well as “crimes against the state” (Art. 71). The provisions relating to breaches of the national defense systems were overhauled and many new categories of crimes were added along with heavier punishments.
To the category of “failure to execute orders, decisions, and instructions in a timely manner” a series of new orders was added, such as orders and decisions of the National Defense Commission, the Supreme Commander, and the Central Party Committee (Art. 73). A new penalty provision was added for the damaging or stealing of weapons and ammunitions (Articles 75, 76, and 78). The scope of punishments for the production of military supplies was expanded and subdivided in detail (Art. 80 and 81); the level of punishment was raised so that all crimes concerning the leaking of national defense secrets would be sub- ject to punishment even if the leak did not lead to serious conse- quences (Art. 88). The level of punishment for serious defection cases was raised from up to three years of correctional labor to up to five years of correctional labor (Art. 233). Measures for cutting off the inflow of capitalist culture were also tightened. In the past, only the import and dispersal of depraved materials were subject to penalties, but now possession of such materials is also subject to punishment (Art. 193). Penalties for narcotics use were also raised (Art. 217). In addition, punishment levels have been raised for group disturbances, obstruction of justice, and the fabrication and spread of unfounded rumors (Articles 219, 220, and 222). Sometime after April 2009 North Korea revised its Penal Code, fine-tuning the provisions related to regime maintenance. It appears that these steps were taken to ensure a smooth transition of power to Kim Jong-eun and to tighten
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internal controls during the transition. Through the 2009 Penal Code revision, North Korea did stipulate the protection and pro- motion of human rights, but due to various tighter controls built into the revision process, the human rights situation of the North Korean people appears to have worsened further, especially in regard to continuing public executions and restrictions on rights to liberty and safety.
In their testimonies, defectors gave the following details of public executions.
•Public Execution for Anti-regime Activities
<Resistance Activities against the Regime>
North Korea will execute those charged with anti-regime activity or treason against the Fatherland. It will even execute those who try to organize a following for someone (other than Kim Jong-il), for such activity would indicate loyalty to someone other than Kim Jong-il.
– Defector XXX testified that in 2003 there was an inspec- tion by the National Defense Commission. Eight persons were publicly executed for trying to arrange “family reunion” meetings. Among them was a 30-year-old man nicknamed “Hopei.”7
– Defector XXX testified that someone he used to know was arrested in 2004 during the “Anti-Socialist Grouppa”
inspections. In January 2005, he saw him executed by fir- ing squad in Hweryong City, North Hamkyung Province.8 – Defector XXX testified that in April 2007 he witnessed
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7_NKHR2009000056 2009-09-22.
8_NKHR2010000010 2010-09-14.
XXX of Hweryong City, North Hamkyung Province getting executed at the marketplace in Hweryong City on charges of helping his family illegally cross the river.9
– Defector XXX testified that in 2007 a man and a woman living in Yonsa County had sold off some legally protected trees to China through an intermediary under the tacit consent of military, party, and security agency officials.
North Korea had been protecting those trees by law as
“relics of revolutionary history.” When this incident was uncovered during an inspection, the two perpetrators were publicly executed in Soonam Marketplace.10
– Defector XXX testified that in July 2007, XXX, the owner (president) of the Namkang Company, a 41-year-old man, was publicly executed at Shinpoong Stadium in Wonsan City on charges of having received money from South Korea’s National Intelligence Agency. He was arrested dur- ing the Central Party inspections.11
As these testimonies indicate, the North Korean authorities are tightening control over unruly social behavior through various inspections by the National Defense Commission or the “Anti- Socialist Life Inspection Grouppa.” In the process, public execu- tions are being carried out for the purpose of making open and public warnings to the public. Public executions are also carried out for crimes involving religious activities. If anyone has had con- tacts with South Koreans while visiting China, he/she may also be
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9_NKHR2011000013 2010-06-08.
10_NKHR2008000007 2008-07-30; NKHR2008000013 2008-08-19; NKHR2008000027 2008-12-02; It is believed that this incident at the time stirred up considerable social anxiety. There was similar testimony in 2009. NKHR2009000011 2009-03-03.
11_NKHR2009000070 2009-11-18.
executed, according to North Korean defectors. If anyone has tried to arrange unauthorized meetings with “separated families” in South Korea or assist in defections, he/she too may be executed.
<Dissemination of Information about the Outside World>
Since 2000, North Korea has been cracking down on people involved in the dissemination of information about the outside world, including the distribution of South Korean leaflets and the selling of South Korean videos, and using cellular phones. One can be brought up on criminal charges, and executed, for being involved in such activities.
In particular, North Korea regards the use of cellular phones as an anti-state activity. It has prohibited the use of cell phones along the border regions. Anyone caught using a cell phone can receive either a $100 fine or expulsion, along with confiscation of the cell phone. In most cases, people try to avoid expulsion by paying the fine and having their cell phone confiscated. However, as more and more detailed information about events inside North Korea has trickled out of the country and found its way into South Korean and international reports; and as more and more informa- tion about the outside world has crept in and been circulated, authorities in the North have begun to tighten internal controls.
In fact, North Korean authorities are intensively controlling the use of mobile phones by citizens.
– Defector XXX testified that in January 2005, a defector heard from a North Korean defection broker in Hweryong that 11 people had been publicly executed at a location in Hweryong City for having used Chinese cell phones.12
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12_Testimony of XXX during an interview in Seoul on Feb. 28, 2007.
– Defector XXX testified that people would not be publicly executed simply because they used mobile phones, and that no one would be put to death for a cell phone call to South Korea. However, if anyone were found to have engaged in anti-state espionage activities or discussed mat- ters concerning the repatriation of Korean War POWs, then the person would be publicly executed.13
However, not everyone caught using mobile phones is being executed. The level of punishment varies according to the contents of the phone conversation, and the heaviest penalties are imposed for those caught talking to a South Korean.
– Defector XXX testified that he/she was penalized with fines for using a mobile phone and the phone was confis- cated; this level of punishment was based on the contents of conversation.14
– Defector XXX testified that he was penalized with labor- training for using a mobile phone in Feb. 2010. He was given only a fine because he was classified as having vol- untarily reported the use.15
– Defector XXX testified that if anyone is detected using a mobile phone, the minimum penalty is correctional labor.16 – Defector XXX testified that anyone is caught using mobile
phones illegally in 2010 would be forcibly banished or punished with an unlimited term of correctional labor.17 – Defector XXX testified that the heaviest penalties were
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13_NKHR2008000012 2008-08-14.
14_NKHR2010000007 2010-03-16.
15_NKHR2010000007 2010-03-16.
16_NKHR2010000035 2010-11-09.
17_NKHR2010000044 2010-11-02.
imposed for those caught contacting persons in South Korea.18
Sometimes individuals are publicly executed for the crime of circulating information about the outside world through leaflets and/or video materials.
– Defector XXX testified that in January 2005, a 32-year-old male was publicly executed in a lot in front of Ranam Market in the Ranam District of Chongjin City on charges of listening to South Korean radio programs and singing South Korean songs. The defector testified that he heard a police vehicle near the Ranam Market (Chongjin City) announcing that a public execution was scheduled to take place and that citizens were encouraged to come.19
– Defector XXX defected in February of 2008. He testified that he heard from his sister that a person was publicly executed by firing squad in Onsung County for passing out copies of a pornographic video imported from China.20
Even among those caught with South Korean videos or pro- paganda leaflets in their possession, not everyone is subject to public execution. Defector XXX testified that depending on the case people may be penalized with fines or sent off to labor-train- ing camps, but not always to correctional centers.21Defector XXX who defected in January 2010 testified that people could avoid physical punishment if they could offer bribes.22But through the
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18_NKHR2010000044 2010-09-07.
19_Testimony of defector XXX during an interview in Seoul on Feb. 28, 2007.
20_NKHR2008000027 2008-12-02.
21_NKHR2010000018 2010-10-05.
22_NKHR2010000020 2010-06-01.