North Korean defector sues Kim Jong-un alleging torture and sexual violence in regime’s detention facilities – The Guardian

Report on Legal Action Concerning Human Rights in North Korea and its Alignment with Sustainable Development Goals

Introduction: A Precedent-Setting Lawsuit for Justice and Accountability

A North Korean defector has initiated legal proceedings in a South Korean court, marking a significant effort to hold the North Korean state accountable for human rights violations. This action directly addresses the principles of the United Nations’ Sustainable Development Goals (SDGs), particularly those concerning justice, health, and gender equality.

• Plaintiff: Choi Min-kyung, 53, a North Korean defector.
• Defendants: The North Korean state, represented by its leader Kim Jong-un, and six other officials.
• Legal Actions:
  1. A civil lawsuit seeking 50 million won (US$37,000) in damages for torture and sexual violence.
  2. A criminal complaint requesting an investigation into crimes against humanity.
• Significance: This is reportedly the first instance of a North Korean defector pursuing legal action for human rights abuses within the South Korean judicial system.

Violations of Core Human Rights and Sustainable Development Goals

The allegations detailed in the legal filings illustrate severe contraventions of international human rights law and represent a direct challenge to the achievement of several SDGs.

SDG 16: Peace, Justice and Strong Institutions

The case is fundamentally an appeal for justice and the strengthening of institutional accountability, which are central tenets of SDG 16.

• Target 16.1 (Reduce Violence): The complaint details systematic torture, including severe beatings that resulted in a burst eardrum and forced stress positions for over 15 hours daily. These acts are a flagrant violation of the goal to reduce all forms of violence and torture.
• Target 16.3 (Promote Rule of Law and Access to Justice): By filing the lawsuit, the plaintiff seeks to utilize legal mechanisms to ensure access to justice for victims. The case aims to establish a legal precedent within South Korea for addressing crimes against humanity committed by the North Korean regime.
• Target 16.6 (Develop Effective, Accountable Institutions): The criminal complaint invokes the principle of command responsibility, arguing that Kim Jong-un holds ultimate authority and is responsible for the systematic crimes committed under his “effective control.” This seeks to promote accountability at the highest levels of governance.

SDG 5: Gender Equality

The lawsuit highlights specific acts of gender-based violence, underscoring the importance of SDG 5 in contexts of state-perpetrated abuse.

• Target 5.2 (Eliminate Violence Against Women): The plaintiff alleges she was subjected to sexual assault during an unsanitary body cavity search conducted without gloves. This is a direct example of the sexual and physical violence that SDG 5 aims to eliminate.

SDG 3: Good Health and Well-being

The long-term consequences of the alleged abuse demonstrate a severe disregard for human health and well-being, as outlined in SDG 3.

• Target 3.4 (Promote Mental Health and Well-being): The plaintiff reports suffering from severe Post-Traumatic Stress Disorder (PTSD) and dependency on medication 13 years after settling in South Korea, a direct consequence of the torture endured.
• Target 3.8 (Achieve Universal Health Coverage): The physical trauma and lack of sanitary conditions during detention are antithetical to the principles of ensuring health and well-being for all.

Legal Framework and Collaborative Efforts for Accountability

SDG 17: Partnerships for the Goals

The advancement of this case exemplifies a multi-stakeholder partnership, crucial for achieving justice as envisioned in SDG 17.

• The case is supported by the Database Centre for North Korean Human Rights (NKDB), which intends to use it as a basis for submissions to UN human rights bodies and the International Criminal Court.
• The plaintiff’s legal team includes Lee Young-hyun, the first North Korean-born lawyer qualified to practice in South Korea, showcasing a unique partnership born from shared experience.
• Organizations like the Citizens’ Alliance for North Korean Human Rights provide expert context on the complexities of building such cases.

Challenges and Future Outlook

1. Jurisdiction: South Korean courts can theoretically hear such cases as the country’s constitution considers North Korea part of its territory.
2. Enforcement: A significant challenge remains in enforcing any ruling. There is no mechanism to compel North Korea to pay damages, rendering victories largely symbolic but vital for the official record.
3. Building a Foundation: Supporters believe this lawsuit can lay the foundation for future collective actions and contribute to broader accountability efforts, ensuring that the testimony of living survivors forms a cornerstone for human rights.

Relevant Sustainable Development Goals (SDGs)

The issues discussed in the article, primarily focusing on human rights violations, torture, sexual violence, and the pursuit of legal justice, are directly connected to the following Sustainable Development Goals:

• SDG 16: Peace, Justice and Strong Institutions: This goal is central to the article. It aims to promote peaceful and inclusive societies, provide access to justice for all, and build effective, accountable, and inclusive institutions. The lawsuit filed by the North Korean defector is a direct attempt to achieve justice and hold perpetrators accountable for severe human rights abuses, which aligns with the core principles of SDG 16.
• SDG 5: Gender Equality: This goal is relevant due to the specific nature of the violence described. The victim, a woman, alleges “sexual violence” and “sexual assault,” which are forms of gender-based violence that SDG 5 aims to eliminate.

Specific SDG Targets

Based on the article’s content, several specific targets under the identified SDGs can be identified:

1. SDG Target 16.1: Significantly reduce all forms of violence and related death rates everywhere.

   The article details extreme forms of violence. The victim, Choi Min-kyung, alleges “severe beatings that burst her right eardrum and left her unconscious” and “systematic torture.” The lawsuit addresses these acts of violence, and the article references a 2014 UN report that found “widespread crimes against humanity, including torture, sexual violence and arbitrary detention” in North Korea. The legal action is an effort to address and ultimately reduce such violence by seeking accountability.

2. SDG Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.

   This target is at the heart of the article. The entire narrative revolves around Choi Min-kyung’s attempt to access justice through the South Korean legal system. The article states this is the “first time a North Korean defector has pursued legal action for the regime’s human rights violations in South Korean courts.” It also mentions plans for submissions to “UN human rights bodies and the international criminal court,” highlighting the pursuit of justice at both national and international levels. The lawsuit itself is a direct exercise in promoting the rule of law against alleged perpetrators of crimes against humanity.

3. SDG Target 5.2: Eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation.

   The article explicitly mentions gender-based violence. Choi Min-kyung’s complaint details “sexual assault during an unsanitary body cavity search without gloves.” This specific allegation of sexual violence against a female detainee directly relates to the goal of eliminating all forms of violence against women. The lawsuit seeks to hold officials accountable for these specific acts.

Indicators for Measuring Progress

The article mentions or implies several indicators that can be used to measure progress towards the identified targets:

• Indicator for Target 16.3 (Access to Justice): Filing of legal complaints by victims.

  The primary indicator is the lawsuit itself. The article notes this is the “first” such case, establishing a baseline. Future progress could be measured by the number of similar lawsuits filed, as the article mentions, “this case could lay the foundation for future collective lawsuits.” The filing of a “criminal complaint asking prosecutors to investigate crimes against humanity charges” is another specific indicator of attempts to access the justice system.

• Indicator for Target 16.1 (Reduce Violence): Documented testimonies and reports of violence.

  The detailed testimony of the victim serves as a qualitative indicator of the types of violence occurring. The article cites “severe beatings,” “systematic torture through forced stress positions,” and “sexual assault.” Furthermore, the reference to the “2014 UN commission of inquiry” and its findings on “widespread crimes against humanity” provides a documented, large-scale indicator of the problem. The number of people estimated to be in political prison camps (“between 80,000 and 120,000 people”) is a quantitative indicator of the population at risk of such violence.

• Indicator for Target 5.2 (Violence Against Women): Reports and legal cases addressing sexual and gender-based violence.

  The specific allegation of “sexual assault during an unsanitary body cavity search” is a direct indicator. The inclusion of this charge in the lawsuit is a measure of progress in seeking accountability for sexual violence against women in detention facilities. The number of such cases brought forward by female survivors would be a key indicator of progress in addressing this target.

Summary of SDGs, Targets, and Indicators

Source: theguardian.com