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meaningful dialogue explored with the concerned organizations and acceptable
measures agreed upon to improve transparency. In September, the Ministry of
Unification reported that 109 organizations were subjected to an audit, of which 7
were working on human rights and 16 were led by defectors. As at 6 October, the
audit of 22 organizations had been completed and the Ministry was closely engaging
with those organizations to improve their operations.
41. The Special Rapporteur sent seven urgent appeals to China detailing concerns
about 46 escapees. There are substantial grounds for believing that escapees would
be subjected to torture or other serious human rights violations if repatriated, as
highlighted in a recent OHCHR report on women in detention. 30 They should
therefore be granted protection as refugees where they are. China has obligations
under international human rights and refugee law to respect the basic right of escapees
from the Democratic People’s Republic of Korea to non-refoulement. The Special
Rapporteur strongly encourages the Government of China to engage with his
mandate, with OHCHR and with the Office of the United Nations High Commissioner
for Refugees to provide adequate protection and access to escapees who cross the
border into China and are at risk of serious human rights violations if repatriated.
C.
Enforced disappearance and foreigners in detention
42. Enforced disappearances in the Democratic People’s Republic of Korea, which
also include international abductions, remain a serious concern. The Government of
the Republic of Korea officially recognizes 516 of its citizens as post-war abductees,
while tens of thousands were abducted during the Korean War. Eleven persons were
abducted on 11 December 1969 during the hijacking of Korean Air Lines flight YS -11.
2020 marked the fiftieth anniversary of the release of 39 persons who were on that
flight. Japanese and other foreign nationals were abducted in the 1970s and 1980s.
The Government of Japan recognizes 12 abductees from Japan who remain
unaccounted for. The Special Rapporteur was saddened by the passing in June 2020
of Yokota Shigeru, the father of Yokota Megumi. Mr. Yokota had fought tirelessly for
many years for the return of his daughter and other abductees. According to the
Working Group on Enforced or Involuntary Disappearances, 316 cases of enforced or
involuntary disappearance were outstanding. Enforced disappearance, including in
the form of abduction, is a serious crime that continues to be committed until the fate
and whereabouts of every disappeared person has been clarified, and consequently
responsibility extends to those who currently have control over the crime and
information. The Special Rapporteur reiterates the urgent need for the international
community to take a strategic approach to collectively address the international crime
of abduction, to realize the return of all remaining abductees, and to seek justice and
accountability.
43. Six citizens of the Republic of Korea continue to be detained in the Democratic
People’s Republic of Korea. Two of them were reportedly sentenced to an indefinite
period of labour in 2014 and 2015, respectively. No new information is available on
their situation. Foreign citizens detained in the Democratic People’s Republic of
Korea, such as Alek Sigley, are not provided with the minimum guarantees prescribed
in article 14 (3) of the International Covenant on Civil and Political Rights, including
access to legal counsel and not being compelled to confess guilt. The Government of
the Democratic People’s Republic of Korea remains responsible for the disclosure of
accurate information on what happened to Otto Warmbier, who was released by the
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30
16/21
OHCHR, “I still feel the pain…” Human rights violations against women detained in the
Democratic People’s Republic of Korea, 28 July 2020.
20-13513