A/HRC/25/CRP.1
- the full range of violations associated with prison camps,
- torture and inhuman treatment,
- arbitrary arrest and detention,
- discrimination, in particular in the systemic denial and violation of basic human
rights and fundamental freedoms,
- violations of the freedom of expression,
- violations of the right to life,
- violations of the freedom of individual movement, and
- enforced disappearances, including in the form of abductions of nationals of other
states.
14.
These nine areas, which are interlinking and overlap, therefore define the focus of
the Commission’s inquiry. However, this list of nine is not exhaustive, and, where
appropriate, the Commission has also investigated violations that are intrinsically linked to
one of the nine areas.
15.
The mandate further indicates that the inquiry should pursue three inter-linked
objectives: (1) further investigating and documenting human rights violations, (2) collecting
and documenting victim and perpetrator accounts, and (3) ensuring accountability.
(a)
Further investigation and documentation of human rights violations:
Resolution 22/13 asks the Commission to investigate the systematic, widespread and grave
violations of human rights in the DPRK. Likewise, paragraph 31 of the Special
Rapporteur’s report mentioned above repeatedly refers to more detailed documentation of
such violations. The request for more detailed investigation, with a view to ensuring
accountability, suggested a stronger focus on investigating how, and by whom, any
violations have been found to be planned, ordered and organized.
(b)
Documentation of the accounts of victims and perpetrators: The mandate, as
elaborated by paragraph 31 of the Special Rapporteur’s report, asks the Commission for
“the collection and documentation of victims’ testimonies and the accounts of survivors,
witnesses and perpetrators”. The Commission implemented this aspect of the mandate
primarily by conducting public hearings of victims and other witnesses and making their
testimonies available on its webpage. Additionally, accounts provided by victims and
witnesses who could not speak publicly for protection reasons are safeguarded in a secure
and confidential database.
(c)
Ensuring full institutional and personal accountability: The mandate makes it
clear that the investigation should be carried out “with a view to ensuring full
accountability, in particular where these violations may amount to crimes against
humanity”. Paragraph 31 of the Special Rapporteur’s report adds that the “inquiry should
examine the issues of institutional and personal accountability for [grave, systematic and
widespread violations], in particular where they amount to crimes against humanity”.
16.
Considering the extent, systematic nature and gravity of the reported violations, the
Commission also considered the responsibility of the international community. It has
directed recommendations towards the international community as requested by
paragraph 5 of Resolution 22/13, read in conjunction with Paragraph 31 of the Special
Rapporteur’s report.
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