A/HRC/25/CRP.1
52.
Bearing this context in mind, the Commission sought to exercise judgement, caution
and sensitivity in all interactions with victims and witnesses. Constant assessments were
made about the need to establish contact with persons who may be placed at risk as a result
of that contact. Contacts were not attempted if the Commission determined that it would not
be able to ensure the safety of a cooperating person, if the risk of harm was assessed to be
too high or if the Commission did not have sufficient information to make an informed
determination on the level of risk. In particular, the Commission did not pursue offers to
have direct contact through mobile telephones with witnesses still residing in the DPRK.
53.
In relation to the public hearings, protection concerns were carefully assessed on a
case-by-case basis, taking into account all relevant circumstances. In principle, the
Commission only heard publicly from victims and witnesses who had no close family left
in the DPRK or were judged not to be at risk in the People’s Republic of China. Informed
consent of the witness to testify was a necessary, but not sufficient, requirement to allow for
the testimony to be heard. In some cases, the Commission refused the offer of courageous
witnesses who offered to testify in public, since reprisals against family were judged a real
possibility. In other cases, victims and witnesses whose names and experiences were
already subject to extensive media coverage were allowed to testify, unless there were
reasonable grounds to believe that additional public testimony might result in further
reprisals. The Commission also took care to ensure that witnesses’ testimony and
questioning would not refer to the personal details of persons who had not expressed their
consent to be identified in public and who could face protection concerns.
54.
The identity of all witnesses was established by the Commission prior to the
hearings. Most witnesses were also prepared to reveal their identity during the public
hearings. For protection reasons, however, some witnesses were permitted only to identify
themselves with a pseudonym (Ms X, Mr Timothy etc.) and to take measures to conceal
their faces or adopt other identifiers. A small number of witnesses wore hats, sunglasses or
other clothing that covered parts of their faces, measures to prevent the discovery of their
identity.
55.
Even these extensive protection measures may not prevent reprisals. The
Commission requests that any information indicating that persons who cooperated with the
Commission or their family members faced reprisals be brought to the immediate attention
of the Secretary-General, through the High Commissioner for Human Rights. The
Commission recalls that primary responsibility for protecting victims, witnesses and other
persons cooperating with the Commission rests with their states of residence and nationality
and urges Member States to provide additional protection measures where necessary.
56.
The lack of physical access to witnesses and sites in the DPRK, coupled with the
stated protection concerns, created a number of particular challenges for an effective
investigation.
57.
The pool of potential first-hand witnesses is limited to no more than 30,000 citizens
who have left the DPRK, the vast majority of whom reside today in the Republic of Korea.
Most of these witnesses are from provinces bordering China, which means that the situation
in those provinces is relatively better documented than the situation in other provinces of
the DPRK. In most cases, a person who fled the DPRK requires considerable time to reach
a place of safety and to develop the courage necessary to speak about his or her experience.
Given that the Commission applied a rigorous standard of proof based on first-hand
testimony, it was therefore not able to confirm many of the most recent instances of human
rights violations alleged by non-governmental organizations and media reports.
58.
The most significant challenge faced by the Commission resulted from a fear of
reprisals. The majority of potential witnesses were afraid to speak out even on a
confidential basis because they feared for the safety of their families and assumed that their
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