A North Korean fisherman is held by South Korean officials before being handed over to North Korean officials at the inter-Korean truce village of Panmunjom, in this Nov. 7, 2019, file photo. Courtesy of Ministry of Unification

New photos show violations of human rights, hurt credibility of crime allegations: rights experts

By Jung Min-ho

Suzanne Scholte, chairwoman of the North Korea Freedom Coalition

Photos of North Korean fishermen fiercely resisting deportation seem to show that they were sincere about defecting to South Korea, and the credibility of the previous administration's claim doubting the intent of the defectors has been damaged by the revelation, according to human rights activists.

New pictures released Tuesday by the Ministry of Unification show the fishermen appearing to be gripped by fear, as South Korean officials hand them over to North Korean authorities at Panmunjom, the inter-Korean truce village.

Authorities under the Moon Jae-in administration claimed in 2019 that they were not legally obligated to accept the fishermen because they had conspired with a third man to kill 16 fellow fishermen before their escape to South Korea across the Northern Limit Line ― the de facto maritime border with the North.

Suzanne Scholte, the chairwoman of the North Korea Freedom Coalition and a Seoul Peace Prize winner, said the "shocking" pictures seriously undermine the credibility of what the Moon administration said about the fishermen, including the accusation of murder.

"The human rights community was shocked by this incident (revelation of photos) because the Republic of Korea (South Korea) is considered to be an advanced nation and a nation that is a liberal democracy that respects human rights … It made my physically ill. It broke my heart," Scholte told The Korea Times Wednesday.

She said what Moon's officials did was "tantamount to being complicit in murder."

North Korean officials wait to take a North Korean fisherman from South Korean officials at the inter-Korean truce village of Panmunjom, in this Nov. 7, 2019, file photo. Courtesy of the Ministry of Unification

"The officials knew they were sending them back to their deaths," Scholte said. "They knew their fate and sent them back any way! It is appalling."

On Nov. 2, 2019, South Korea's Navy captured the men in waters off the country's east coast. After three days of investigation, officials concluded that the fishermen were "criminals on the run" and sent them back to the North on Nov. 7. Their fishing boat ― the most critical evidence of their alleged crime ― was disinfected and returned a day later.

"They (South Korean officials) knew what they were doing was wrong so they started a cover up ― they tried to cover it up by blocking information to know what actually happened, making up an implausible story that the fishermen had committed some horrific crime, and then destroying evidence by sanitizing their boat," Scholte said. "I think the Moon officials made up this incredible, unbelievable story to hide this crime. I hope that not only will the Yoon Suk-yeol administration investigate this incident and hold accountable those who were part of it but will also call upon the DPRK (North Korea) to tell us what happened to these two fishermen."

Phil Robertson, deputy director of the Asia division of Human Rights Watch

By sending them back to the North, the Moon administration violated the Constitution and South Korea's international treaty obligations, Phil Robertson, deputy director of the Asia division of Human Rights Watch, said.

"My first reaction to the photos was to feel both sick to my stomach, and then quite angry that the ROK officials could be so inhumane," he said. "The two men's desperate resistance to being forced back ― so apparent in those photos ― show that they understood they were fighting for their lives. Moon and his officials knew that, too, and yet still sent them back in what was a disgusting and callous disregard for human rights."

"All Koreans on the Korean Peninsula are considered to be South Korean citizens, so the Moon government should have operated on this principle. If they thought the two men had committed murders, ROK officials should have arrested and prosecuted them … assuming that the ROK even had evidence of what happened."

The forced return of people to another state where they will face persecution, torture or worse is clearly forbidden in international human rights law, he added.

"South Korea has ratified the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in 1995, so it is bound by that international instrument … It's very clear that North Korea tortures people, especially those who have escaped overseas and then are returned to the DPRK, so this is really a textbook example of South Korea violating international human rights law," Robertson said.

A North Korean fisherman resists South Korean officials' attempt to hand him over to North Korean officials at the inter-Korean truce village of Panmunjom, in this Nov. 7, 2019, file photo. Courtesy of Ministry of Unification

Also in 1992, South Korea ratified the U.N.'s 1951 Refugee Convention and its 1967 Protocol, which means it is bound by its own commitment not to send refugees or asylum-seekers back into harm's way. "So this is yet another clear violation of international human rights law by this act of the Moon administration," he added.

This case is now under investigation by the Seoul Central District Prosecutors' Office, along with another case of misconduct involving North Korea by the previous administration.

An official at the presidential office told reporters that the Yoon administration will step up efforts to uncover the whole truth behind the incident.

"What was revealed in the photos tells a different story from what the Moon administration said," the official said. "If it deported the fishermen after they expressed their intentions to defect, it would be a violation of international laws and the Constitution and an inhumane act."