imprisonment – UAB Institute for Human Rights Blog

Control by Threat of Force: The Abuses of the Criminal System of North Korea

A person sits in the corner of a small, dirty cell with nothing but a mattress and a small bowl. They are sitting in a ball with their arms around their legs and their head down. — Most prison cells are smaller than this one. Source: Yahoo! Images

Note from the author: This post is the third of my four-part series on the North Korean Regime. I recommend reading the first two parts before this one, but it is not required to understand this part. To find the other parts, scroll down and click on “View all posts by A. Price.” If the last part is not available yet, be sure to check back in during the upcoming weeks when it will be posted.

Content Warnings: torture, malnutrition, imprisonment, death, suicide, rape

As you are reading this, there are children in labor camps who have no idea that a world exists beyond their barbed wire. They believe that the entire world is confined within the fences that hold them. They have never heard of countries, the regime that holds them there, or the existence of people who look different from them. They were born to enslaved, imprisoned parents and taken from them before they could even wean off breast milk. They have never felt as though they’ve had enough to eat. They have lived in a constant state of overwork and malnutrition for their entire lives. They don’t know about the Kim Dynasty or the regime. All they know is that the guards who hold them there are above them. They hold all the power in the world in their batons and rifles. The lingering threat of death holds their minds captive, reducing them to survivalists, doing anything they can to stay alive. They catch mice, rats, and moles to eat. They avoid confrontation with the guards and hide their pain so as to not disappoint the powerful guards with their lives in their hands.

There has only ever been one known escapee from these horrifying “Special Total-Control Zones” where children born to prisoners are held for their entire lives. Shin Dong-Hyuk had no idea that a world existed where food was sufficient until one of his friends told him about Kim Jong-Il and the world beyond the prison camp. When the guards left them alone outside for a split second, he and his friend decided to make their break. His friend fell unconscious due to the high voltage barbed wire fence, and Shin used his friend’s body to climb out and run away. He never saw his friend again, and his deepest regret is not going back to rescue him. Hear him tell his story here.

A man with glasses and a blue shirt speaks into a microphone. Behind him are signs, one reading, “Shout for Freedom.” — Shin Dong-Hyuk. Source: Yahoo! Images

Status of Legal Code

The Worker’s Party of Korea (WPK) intentionally writes laws in abstract, vague language. The laws are never communicated to the general public who are supposed to be following them. This gives the regime complete and total power over the criminality of these citizens. If a person of a high Songbun (class) wants a person of a lower Songbun to be arrested for any reason, they will simply interpret the law to mean whatever they want it to mean and have that person arrested. Common offenses include “conspiracy to subvert the State”, “treason against the Fatherland”, and “illegal trade.”

Guilty Until Proven Innocent

When a person is accused of having broken a law, they are immediately detained by police. Rarely are they told the reason for their arrest or the rights that they have. They are brought to a jail where they are not told the amount of time until their trial. The only form of bail is the informal bribery of the guards. Only a lucky few with resources and connections are able to leave the station at this point in the process.

When their trial date comes along, they have no say in the outcome. If they do not prove themselves to be innocent beyond a reasonable doubt, then they are assumed to be guilty and sentenced at the judges’ discretion. For most of them, their only hope is that a family member has bribed the judge in their favor. In most cases, this bribe costs their family everything that they have, ruining their lives and pushing them deeper into poverty.

A person sits in a witness booth in front of at least four judges. There is an armed guard standing behind him, and a North Korean flag hanging on the wall behind the judges. — Free and fair trials are non-existent in the DPRK. Source: Yahoo! Images

Forced Labor as Punishment

The main form of punishment used by North Korea is imprisonment in forced labor camps. They believe forced labor to be a form of repatriation in that when a person works for their country, they will grow an appreciation for it and be less likely to commit a crime against it. That, of course, is just what they tell people. The WPK knows that the purpose of these prison camps is to exploit the slave labor of people deemed “undesirable” and to feed the ego of the state. They know that the people in these prison camps are being tortured. I truly believe that if the WPK could do anything to possibly make the lives of these people worse, they would do it without question. The WPK is the embodiment of evil, and being in a labor camp controlled by them is completely and unfeasibly miserable.

Human Rights in Prison Camps

This section, in particular, will detail some of the torture endured by prisoners. If learning of this torture will be of particular detriment to your mental health, I recommend ending here and reading any of the other articles on this site that may be easier for you to stomach.

When in a North Korean labor camp, guards have full and complete discretion over the lives of the prisoners. Guards in this situation grow increasingly sadistic as they continue their jobs and commit heinous acts in the name of their regime, justifying it by dehumanizing the people under their control. Most people, especially those with female anatomy, do not leave these camps without being the victim of rape, most of the time on multiple accounts. All people lose copious amounts of weight during their stay due to malnutrition. If a guard wants you to eat dirt, you eat dirt. If they want you to grab the high-voltage fence, you grab the high-voltage fence. There is no limit to the power that the guards have over you.

Prisoners are randomly and sporadically accused of withholding information from the guards. They are then subject to intense interrogation techniques. When Shin Dong-Hyuk was young, his mother and brother were accused of trying to escape. He was suspected to have information about this plan. As a result, he was subject to torturous interrogation. He lost the tip of his right middle finger, his face was sliced open with a weapon, and he was hung over a fire by his hands and feet. He still bears the scars from this torture. When he inevitably had no information to give the guards, he was forced to watch his mother and brother be hanged and shot in a public execution.

Trigger Warning: the next image is a depiction of torture.

Trigger Warning. A black and white line drawing shows a very young Shin Dong-Hyuk being hung from the ceiling by a rope around his hands and a chain around his feet. He is being lowered into the flames of a fire and hit with a stick. There are three guards watching, unphased, and a row of torture equipment hanging on the wall behind them. — A drawing of the torture endured by Shin Dong-Hyuk after being wrongfully accused of withholding information. Source: Yahoo! Images

There is no happy note on which to end this article. The lives of incarcerated people in North Korea are miserable. They are subject to the worst human rights violations worldwide. I encourage you to take a moment for your mental health after reading this article so that together we can put an end to this inhumane treatment. Be sure to read my next article, the fourth part of this series, titled, “Steps That Outside Governments Can Take Toward Ending the Human Rights Violations of North Korea.”

Under Pressure: How Court Debts Inform Racial and Wealth Inequality

On Thursday, November 7^th, the Institute for Human Rights co-sponsored an event alongside Students for Human Rights at UAB to present representatives from Alabama Appleseed Center for Law & Justice. During their lecture and discussion with audience members, they addressed how racial inequality and systemic poverty influence court debts as well as what we can do to change the status quo.

Alabama Appleseed, and its 17 other offices across North America, work at the intersection of the legal system and systemic poverty. Helping to confront a system that harms impoverished and minority communities by placing them in an endless cycle of punishment, Alabama Appleseed employs a research and policy reform approach to highlight such inequalities.

They first addressed this issue by covering the racial wealth gap which can be told through the legacy of slavery, convict labor, redlining, school segregation, and hiring discrimination that has economically disadvantaged many communities of color, namely Black Americans. Thus, in present day, the poorest 20% of Whites have an average $15,000 in wealth, while the poorest 20% of Blacks have a mere average $100 in wealth. As a result, receiving a fine can increase existing household costs, develop exorbitant interest rates, and even land one in jail if unpaid, meaning Black Americans are disproportionately affected by the looming threat of court debts.

In response, Alabama Appleseed sought to give this issue greater context by employing a statewide study, titled Under Pressure, which includes personal experiences with court debts from 980 Alabamians representing 41 counties (56% of respondents were Black). Some of the main findings were:

83% gave up necessities like rent, food, medical bills, car payments, and child support, in order to pay down their court debt
50% had been jailed for failure to pay court debt
44% had used payday loans to cover court debt
80% borrowed money from a friend or family member to cover their court debt
Almost 2/3 received money or food assistance from a faith-based charity or church that they would not have had to request if it were not for their court debt

**Alabama Appleseed presenting Under Pressure. Source: UAB Institute for Human Rights**

They went on to address some anecdotal accounts such as people paying someone else’s court debt even though having their own and missing court dates that were scheduled while incarcerated. These findings suggest that impoverished and minority communities in Alabama must maneuver around isolated court systems that don’t communicate with one another, which further places them into a cycle of poverty and looming punishment. Furthermore, Alabama has the 5^th highest incarceration rate in the world and is currently facing a 33% rate of employment in the prison system. This means that our criminal justice system not only disadvantages poor and Black Alabamians, but they are the ones funding these inequalities through a shadow tax system.

Thus, Alabama Appleseed offered a handful of recommendations for state lawmakers to address this system of injustice:

Eliminate court costs and fees, and scale fines to each person’s ability to pay
Fully fund courts from Alabama’s state budget
Send revenue from all court debt to the state General Fund
Create a mechanism for appeal and ensure folks have access to counsel throughout the process
Prohibit the suspension of drivers’ licenses except in instances of unsafe driving
Eliminate Failure to Appear warrants when the individual is incarcerated
Change the law that currently denies voting rights to people who are too poor to pay their court debt
Reclassify the possession of small amounts of marijuana as a civil infraction with fines connected to the defendant’s ability to pay

As demonstrated, Alabama’s criminal justice system is a harvest ground for racial and wealth inequality. However, addressing such concerns at the community-level is one way that you can participate in real change. You can do so by communicating with your local representative about overturning the “Three Strikes Law”, pressuring Regions Bank to divest from the private prison industry, and joining Alabama Appleseed to be informed about pending legislation.

Facing the threat of missing rent, losing meals, and even being incarcerated is no way to live, particularly for those who already experience a list of other disadvantages. For this reason, it’s about time we put our lawmakers and local businesses under pressure.

The Forced Virginity Testing of Women in Afghanistan

A woman with a white headscarf holding a poster that says "Afghanistan" — A demonstrator attends a rally by Afghanistan’s Hazara minority for community’s rights, outside the Brussels Conference on Afghanistan, Belgium, October 5, 2016. REUTERS/Francois Lenoir

Afghanistan has had a long history of being a patriarchal society. Cultural customs that have suppressed the rights of women have been popularized and justified on the basis of morality. With these customs largely targeting women behavior, Afghani women are faced daily with gender inequality. One of the most brutal threats is the risk of a barbaric practice called virginity testing. Many women at some point are forced to go through the painful examination. The procedure involves a medical professional forcing two fingers inside of the women’s vagina, often forced and against her wishes, in order to determine if the women’s hymen is still intact. One might ask why anyone would force women to endure an assault on their most private areas. The terrible answer is that virginity testing is done to ensure that the woman has not had sexual relations with any man.

In Afghanistan and other countries such as India that widely practice virginity testing, a woman’s virginity is highly coveted. It is a symbol of modesty and purity. The societal expectation is that it is never okay for women to have any sexual experiences outside of marriage. Women’s actions are extremely regulated and controlled by the men of the family. Having a virginity test is often required for many basic rights such as the option to go to school, obtain a job, or get married. Faced with limited choices, many women see no other way than to submit to the test out of fear of the repercussions.

The punishments for defying these unfair gender inequalities is severe. In fact, an Afghan woman found to have had sex before marriage is subject to prosecution and imprisonment under what is known as a ‘moral crime.’ The societal penalties extend much further than jail time. Girls are thought to have had premarital sex are publicly humiliated after word spreads of their failed virginity test. They are often ostracized by their families for bringing shame upon them. Some families will go so far as to commit honor killings which is the murder of a woman by her male family members for bringing shame upon the family. For a society to criminalize female sexuality and even threaten death is an egregious violation of female human rights.

The United Nations, World Health Organization, United Nations Women, and the United Nations Human Rights Council have all called for a global ban on the practice. However, this will not do these women much good. These organizations have no ability to enforce their will and can only hope to draw attention to the issue. There are many reasons to campaign for an end to virginity testing; for the purpose of this blog, I will highlight three. The first and most obvious reason is the disregard for a women’s right to say no. A woman should be allowed to deny any medical procedure that she does not wish to have for any reason. Any vaginal procedure done without consent is sexual and physical assault.

The second reason to outlaw this practice is that it continues unfair gender inequality and enforces unhealthy stereotypes. Why are only women required to undergo testing for sexual ‘purity’? Why is it that it is considered immoral for women to be sexually active and not men? This problem extends far beyond Afghanistan and is a worldwide issue. There is a clear gender bias against women having sex. On the other hand, men are often complimented for their sexual prowess. If gender equality is to be realized, then there needs to be a cultural cleansing of the many double standards placed on women.

Lastly, the most damning reason why vaginal testing shouldn’t be used is that it doesn’t work. The World Health Organization has found that there is no scientific basis for the claim that a torn hymen is evidence that a woman has had sexual intercourse. In fact, they have found that there are many nonsexual ways that the hymen can be damaged. For instance, the use of a tampon or being physically active in sports like gymnastics can cause the hymen to break. The sole reason for subjecting women to this painful test is to confirm that they are virgins. If a virginity test can’t prove whatsoever that they are or aren’t virgins then there is no logical explanation to continue this practice.

Afghani girls — A female engagement team from Combined Task Force Lightning, met with women and girls to focus on health education at Baqi Tanah, Spin Boldak District, Kandahar province, Afghanistan, June 20. Source: DVIDSHUB, Creative Commons.

Currently, there are several thousand women, many as young as 13, imprisoned for failing one of these inconclusive virginity tests. On top of being imprisoned with faulty evidence for an unjust crime, these girls are subjected to terrible prison conditions. Farhad Javid is in charge of Afghanistan’s division of Marie Stopes International, an organization focused on protecting women’s sexual rights. Javid recently visited the Mazar-i-Sharif prison where many women convicted of ‘moral’ crimes are held. He found that these women face severe overcrowding, lack of access to proper healthcare, and constant, daily sexual assault. Women falsely convicted of having sex have reported being frequently forced to have sex with prison guards and staff. Due to the lack of reliable evidence of these women’s alleged crimes and the inhumane treatment these girls are facing in prison, Javid is campaigning for the immediate release of all women being imprisoned for ‘moral’ crimes.

Unfortunately, even after being released from prison these women will have lasting problems. For the rest of their lives, they will have to deal with the trauma and memories of the forced virginity test as well as the sexual abuse they underwent in prison. On top of this, they will likely have a hard time finding stability. Despite being falsely convicted with invalid evidence, their reputations have been permanently and irreparably stained. For most of these girls, their families have already disowned them. They have no intention of taking back a daughter who they believe to have committed ‘moral’ atrocities that have brought shame upon their family. Also, these girls have been imprisoned at young ages and have not completed an education or have been married. With no family, husband, or education to support themselves with and nowhere to go these women’s future outlooks are grim. There aren’t many resources available to women in Afghanistan without a family or support system. The majority will end up at overcrowded and underfunded women’s shelters. Without proper protection, they are in constant threat of violence or rape. Their lives will be constantly haunted by this ordeal like being branded by a scarlet letter.

It is astounding how easy it is for these women’s entire lives to be turned upside down. Simply walking down the street with a boy or getting a ride home from a boy is enough to get reported to the police by family members or neighbors. The authorities waste no time ordering a virginity test. Despite the girl having done nothing wrong, there is a real and terrifying chance that she will fail the unreliable test and be imprisoned. It is obvious that much change is needed to prevent this same tragedy from happening to more innocent young girls.

The solution to this problem lies at the local level. If the people are well-informed about the test’s ineffectiveness, then they will stop requesting the examination take place. A massive public relations campaign could be used to accomplish this task. Local governments need to partner with the many nonprofit organizations committed to helping improve the rights of women. By doing so these local governments will have the necessary funding and manpower to launch a public relations campaign with individuals well qualified to teach the public about the ineffectiveness of virginity testing. Another solution is proposed by Javid and the Marie Stopes Afghanistan. Recently Marie Stopes helped the Afghanistan government to create a new policy that discourages doctors from pursuing these tests. The policy states that virginity tests have no scientific credibility and should not be administered by health care professionals for the purpose of determining if a girl is a virgin. Marie Stopes is sending out doctors to both train hospital staff and ensure the new policy is carried out and taken seriously at each hospital in Afghanistan. This initiative aims to tackle the problem by reducing the credibility of virginity testing. If no licensed doctors are willing to perform the procedure due to official public policy, then the hope is that law enforcement will stop requesting and in some cases pressuring doctors to conduct virginity testing on suspected girls. Law enforcement will be forced to subject girls to exams by unlicensed non-professionals if they wish to continue the use of virginity testing. This will lower the integrity of their claims of proving the state of a girl’s virginity and will surely aid in gaining local support to end the barbaric practice.

If the work to accomplish this solution is continued, then real progress will be made. If the government and culture of Afghanistan can be open to a small amount of change then thousands of other girls can be saved from such terrible experiences. While there are many other unfair gender practices common in this region, this campaign will be a large step towards the path to gender equality. With continued public relations campaigns and pressure for governmental action, an Afghan society that treats women fairly and empowers them to be in control of their lives will be enacted.