A/HRC/25/CRP.1
been modified based on superior orders in 2010 or 2011, after DPRK agents shot and killed
a number of persons on the Chinese side of the border. While DPRK agents are now
ordered to take care not to harm people on the Chinese side, the basic authorization to shoot
and kill those who try to flee remains in place.509
403. This shoot to kill policy cannot be justified as a legitimate border control measure
since it violates international human rights law. The DPRK upholds a de facto total travel
ban on ordinary citizens that violates international law and gives individuals no other option
than to cross the border without authorization in order to exercise their human right to leave
their own country. Furthermore, the intentional taking of life for the purposes of preventing
the unauthorized crossing of a border is also grossly disproportionate and irreconcilable
with article 6 of the ICCPR, which only allows the use of lethal force by state agents in
self-defence or defence of others to protect life against immediate threats.510
404. The Commission also found a practice of SSD agents abducting persons who flee
the DPRK from the territory of the People’s Republic of China. Former officials who flee
and others who might give away sensitive information are targeted, along with
humanitarian activists and others who help DPRK nationals flee.511
(d)
Torture, inhuman treatment and imprisonment of persons who tried to flee the
Democratic People’s Republic of Korea
405. In an attempt to deter citizens from fleeing the country, the DPRK authorities
subject those who were forcibly repatriated from China or were caught in the process of
trying to reach China to torture, inhumane treatment and imprisonment.
406. In the 1990s, when the authorities were confronted with the first cases of citizens
fleeing mass starvation, the authorities often sought to set a deterrent example to the
population.
• Ms Kwon Young-hee spoke to the Commission about her brother who was arrested
in China in 1994 for attempting to “defect” from the DPRK. He had gone to China
in search of food. As an example to others against committing similar “anti-state”
offences, he was tied to the back of a truck which took him to their home town,
Musan.
“By the time he reached Musan, his face was covered with blood, his clothes were
all torn. And when he fell, they stopped the truck and rushed him to stand up again.
At the time my brother was discharged [from the army] for malnutrition, and he was
diabetic. My mother tried to treat his diabetes in the hospital so he was diabetic at
the time he went to China. … Even when my brother collapsed, the truck would go
on and the Bowibu people, when my brother collapsed, would beat my brother up to
make him stand up. Musan is a big city but they drove him around Musan city three
times so that everybody could see him.”512
• In 1993, a family fled to China and was forcibly repatriated to their hometown in
Onsong County, North Hamgyong Province. The whole family, including a boy of
five years of age, were paraded in handcuffs around town. The mother and father
were then dragged around like oxen with rings that had been rammed into their
509
510
511
512
TBG031, a former official.
International human rights law only allows the use of intentional force if strictly necessary to protect
life. See Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, “Study
on Targeted Killings” (A/HRC/14/24/Add.6, para. 32).
For more information on these abductions, see section IV.F.
Seoul Public Hearing, 24 August 2013, morning (02:14:00).
113