Existing "Nowhere"
[authors and contributors: Jeonghyun Kang, April Song-ah Park, Ethan Hee-seok Shin, Nina Seungju Lee, Hubert Younghwan Lee, Seonghwi Cho, Suhena Mehra, Soogon Park]
Transitional Justice Working Group·2024-01-01
- 71쪽
- 182×257mm
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책 소개
Enforced disappearance has been used as an absolute means for the reign of terror and total submission pursued by totalitarian regimes. Dictators around the world, including in North Korea, have used enforced disappearances not only to eliminate their political enemies but also to silence society at large. The disappeared persons’ families and friends are being repressed with the pain of not knowing the fate or whereabouts of the disappeared persons and the fear that they could be next. Although enforced disappearance is a grave human rights violation on its own, it can also result in other various violations, including the right to life, the right not to be tortured, the right to liberty and security of the person and the right to recognition as a person before the law. The 2014 Report of the United Nations Commission of Inquiry (COI) on Human Rights in the Democratic People’s Republic of Korea was right on the mark when it concluded that public executions and enforced disappearance are the core means supporting North Korea’s totalitarian system based on the reign of terror: “The keystone to the political system is the vast political and security apparatus that strategically uses surveillance, coercion, fear and punishment to preclude the expression of any dissent. Public executions and enforced disappearance to political prison camps serve as the ultimate means to terrorize the population into submission. The state’s violence has been externalized through state-sponsored abductions and enforced disappearances of people from other nations. These international enforced disappearances are unique in their intensity, scale and nature.” The purpose of this report is threefold. First, TJWG aims to look into the process and pattern of enforced disappearances in North Korea in detail. Previously, the crime of enforced disappearance perpetrated by North Korea mainly focused on abductions of foreigners including South Koreans and Japanese nationals. Enforced disappearances committed by the North Korean regime against its residents were widely overlooked, creating an imbalance between low awareness of the issue and high severity of the matter. Secondly, TJWG intends to inform the international community that China and Russia also significantly partake in enforced disappearances in North Korea. As will be explained in this report, many North Korean escapees or those seeking asylum in third countries are vulnerable to enforced disappearances after being arrested and repatriated from other countries. These arrests are carried out by state agencies of different countries or North Korean agents dispatched to those countries. Hence, we highlight the critical need to define enforced disappearance as a transnational crime and respond accordingly. Lastly, TJWG publishes this report to call on the necessity to hold North Korea’s current leader, Kim Jong Un, and high-ranking state officials accountable for the crime of enforced disappearance when imposing targeted sanctions. To this end, the report outlines perpetrating state organs responsible for arrest and state organs responsible for disappearance after arrest, detention, and repatriation.
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Introduction Methodology Identified Cases and Victims of Enforced Disappearance The Definition of Enforced Disappearance and Its Continuous Nature • Legal Definition: Deprivation of Liberty, State Involvement and Refusal to Disclose • Continuous Nature: A Crime that Does Not End until the Individuals’ Fate and Whereabouts are Clarified • Preventative Measures: Due Process, Notification of Detention and Visits North Korea’s Enforced Disappearances: Deprivation of Liberty, State Involvement and Refusal to Disclose • Enforced Disappearances in North Korea - Arrest, Detention and Abduction - Involvement of the Ministry of State Security and Other State Organs - Lack of Notification and the Refusal to Provide Information • Transnational Enforced Disappearances of North Korean Refugees - China - Russia - South Korea Grounds for Enforced Disappearances • Escape from North Korea • Attempting to Escape from North Korea • Preparing to Escape from North Korea • Helping Others Escape from North Korea • Guilt by Association • Communication and Contact with the Outside World including South Korea • Criticism of the Kim family and the Political System • Religious Activities • Consumption of South Korean and Other Foreign Culture • Others Closing Remarks Table 1. Demographics of 62 Interviewees Table 2. Year of Arrest Table 3. Victim Demographics: Age Map 1. Region of Arrest Figure 1. Victim Demographics: Gender Figure 2. Perpetrating State Organs Figure 3. Elements of Enforced Disappearance Figure 4. State Organs Responsible for Arrest Figure 5. State Organs Responsible for Disappearance after Arrest, Detention and Repatriation Figure 6. Process of Enforced Disappearance in North Korea Perpetrated by MSS Figure 7. Grounds for Enforced Disappearance Figure 8. Enforced Disappearance Arising from China’s Repatriation and Transfers within North Korea Case 1. Transfer Route after Repatriation from China: Victim A Case 2. Transfer Route after Repatriation from China: Victim B Case 3. Process of Enforced Disappearance: Victim C Case 4. Family Tree of Disappeared Members: Victim D
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