NORTH KOREA
Arrest and release of a Japanese human rights activist: Follow-up
- Hiroshi Kato's response to a statement issued by the Chinese government
- Hiroshi Kato's report to the Japanese Ministry of Foreign Ministry
- Hiroshi Kato demands answers from the Chinese Government
- Media coverage of the detention and release of Hiroshi Kato
13 November 2002
Hiroshi Kato's response to a statement issued by the Chinese government
HRWF International Secretariat (13.11.2002) - Website: www.hrwf.net - Email: info@hrwf.net - Mr Hiroshi Kato, Secretary General of Life Funds for North Korean Refugees (LFNKR), was arrested recently in China and questioned about helping North Korean refugees. He was interrogated for 7 days before being released and returned to Japan. Shortly after his release, the Chinese government issued a public statement on the matter, which contained some surprising accusations. Below is Mr. Kato's response to those accusations. For your reference, we also include China's original statement.
I, Hiroshi Kato, refute China's allegations at the Foreign Ministry press conference of November 7. It is a fact that, since June 2000, I organized the efforts of 12 North Korean citizens, members of three families, to flee to Japan or the Republic of Korea through a third country where they were approved for refugee status. It was obvious that if these refugees were arrested in China and repatriated to North Korea, their lives would be in immediate danger. Therefore, those refugees were fully eligible for refugee status as is stipulated in the UN Convention relating to refugee status.
Although China has ratified the Convention, it fails to abide by the guidelines set forth and continues its merciless attitude towards refugees by cracking down on them. It is clearly agreed in the international community that international laws take precedence over national laws. However, the Chinese government still does not abide by this international agreement.
China deliberately gave the impression that I cooperated closely with some criminal organizations such as the Snakehead by stating "Collaboration with felon groups." This, however, is contrary to the truth. Our guides who helped the defectors cross the border joined the rescue activities simply because they sympathized with the refugees' tragic fate as fellow Korean people. As a result, they brought new lives and hope to the refugees.
Though China claims that the purpose of entry to China via Dalian in October 29th was "again in an attempt to organize more trespasses into foreign embassies or consulates," it is groundless. China's Security Bureau insists, "Kato has confessed to all the criminal indictments " but I steadfastly denied all their criminal indictments throughout the interrogations, and the Security Bureau has no evidence. It is a fact that, when the 25 North Korean refugees ran into the Spanish embassy in Beijing, I, Hiroshi Kato, did give instructions to send out the asylum statement written by the 25 refugees to the mass media in Japan and around the world. China cannot, however, conclude from this single fact that all the instances in which refugees rushed into foreign compounds that followed this Beijing incident were also planned or carried out by me. If the Chinese government persists in its allegation, it is China's responsibility to prove their allegation is correct.
Though China accused me of "helping illegal entry," those 12 people of three families deserve full refugee status and protection. Only China asserts their illegality by its own criteria; and the Chinese criteria in this case deviate from international criteria. It is China's duty to abide by the international agreement. The point is that I helped those 12 people flee to a third country because their lives would be in danger if they were ever repatriated. It was an ethical cause that cannot be criticized.
"Kato, upon his return to Japan, denied all the crimes he had committed in China, claimed to have been maltreated during the interrogations, and accused China of failing to notify the Japanese embassy in China of his case ... Kato's accusations against the Chinese side are totally groundless," the spokesman charged. However, I never denied the possibility that I violated a Chinese law.
Also, during my interrogation from October 30th through November 5th, I was forced to sit, for six of those days, on a 40cm (15.7inch) square wooden chair with a fixed wooden bar close to my lap preventing me from standing or moving about. I was interrogated through the morning, afternoon, night and until next morning at 2 or 3 o'clock. One time, their interrogation continued until 4:30 the next morning. Is this not torture? Even when you are sleeping, your right hand is cuffed to the chair leg, and you have to sleep while sitting up straight or leaning straight back. Most places in the international community, this is called torture.
On October 30th, when the Security Bureau declared my detention, I requested that the interrogators inform the Japanese consulate in Shenyang of my detention. The interrogators replied through an interpreter, "That will be properly processed according to Chinese law."
On November 2nd, when one of the afternoon interrogations was over, I again requested that they contact the Japanese consulate in Shenyang or the Japanese embassy in Beijing. But as before, the interrogators answered through an interpreter, "That will be properly processed according to Chinese law."
Furthermore, on November 4th, I made a request for the third time: "I was scheduled to return to Japan on November 1st, and my family must be worried. I would like to ask to make a phone call to my family or to Life Funds for North Korean Refugees, the organization I belong to. Otherwise, please inform the Japanese consulate or embassy in Beijing."
This time, I added the two new alternatives to my request. Thus, China claims, in ontradiction to the true facts, that I did not request such notification. If China insists that it notified the Japanese embassy immediately, does China intend to suggest that the Japanese embassy neglected its duty to protect its national? I invite China's explicit comment on this matter.
Hiroshi Kato
Secretary General of Life Funds for North Korean Refugees
China's statement: Kato's criminal activities 'irrefutable'
The Chinese Foreign Ministry spokesman Kong Quan said the criminal activities of Hiroshi Kato, a Japanese man who organized the illegal entry of DPRK citizens into China and foreign embassies, are "irrefutable" and his allegations of being "maltreated" in China are "groundless".
On Oct. 30, Chinese judiciary authorities detained Kato as the mastermind behind citizens of the Democratic People's Republic of Korea (DPRK) illegally entering China and trespassing into foreign embassies in the country, Kong said.
Since June 2000, Kato has, working in collaboration with felon groups, organized 12 DPRK citizens to illegally enter Japan or the Republic of Korea via China, and plotted the intrusion of these illegal immigrants into the Spanish embassy in China on March 14. "Kato has confessed all the criminal indictments, saying that he was in China again in an attempt to organize more trespasses into foreign embassies or consulates," Kong said.
Kato's activities, the spokesman noted, had seriously disturbed China's entry and exit administrative order and public social security, jeopardized the safety of foreign embassies and consulates and thus violated clauses 318 and 290 of China's Criminal Law.
With the irrefutable evidence against him, Kato should have been severely punished, Kong said, noting that in view of his relatively good attitude in the confession of his crimes during interrogation, China dealt with him leniently and merely ordered him to leave the country before a set date.
However, Kato, upon his return to Japan, denied all the crimes he had committed in China, claimed to have been maltreated during the interrogations, and accused China of failing to notify the Japanese embassy in China of his case. "Kato's accusations against the Chinese side are totally groundless, and China deeply regrets his behavior," Kong said.
According to Article 36, Section 2 of the Vienna Convention on Consular Relations, Kato himself was entitled to request the Chinese side to notify the Japanese embassy in China of his detainment, the spokesman said. Although Kato did not do so, the Chinese side still notified the Japanese embassy in China in accordance with the convention's specifications.
"China has recorded Kato's all criminal evidences and they are irrefutable. As to the so-called maltreatment, it is all the more a pure fabrication," the spokesman said.
Hiroshi Kato's report to the Japanese Ministry of Foreign Ministry
HRWF International Secretariat (13.11.2002) - Website: www.hrwf.net - Email: info@hrwf.net - On November 7th, Mr. Kato, Mr. Lee San Ha and Mr Shioe Okamura visited the Japanese Ministry of Foreign Affairs. While Mr. Kato was reporting the details of his ordeal, Mr Shioe Okamura took as many notes as he could on his report. Here are the main points.
A little after midnight, early on October 30th, five Security Bureau, using a master key, charged into Kato's hotel room without warning. The room lights were off, so he was disoriented at first. They suddenly switched on the lights and told him, "We are the Security Bureau. You know why you are being arrested. Get dressed immediately." As they were putting him into a police car, they snatched his bag. When Kato tried to get it back, they hit him on the head. Then they put a white cloth sack over his head so he was unable to see where they were going.
After a relatively short ride, they reached their destination and removed the sack from his head. Kato noted that the place looked like a Security Bureau facility. Later that morning they prepared arrest papers citing violation of laws. They demanded Kato's reasons for entering China. He told them he came to supply food and winter clothes to refugees. They accused him of lying. Shortly after noon, they moved him from Dalien to Changchun, where he was taken to an interrogation room on the second floor of an official building.
In the interrogation room, three interrogators sat facing Kato. He was placed in a wooden chair with a fixed wooden bar close to his lap preventing him from standing or moving about.
He was unbolted only for occasional bathroom breaks, and to sleep. However, when sleeping, he had to remain seated in the chair, which measured only about 40cm (under 16 inches) square. The bar was removed, but his right hand was cuffed to the chair, and the chain was so short, he could not turn sideways to relax. He could only sit up straight or lean straight back.
The first day's interrogation continued until 4:30 AM. When he appeared to be dozing off, they stood him up under bright overhead lights. On the second and third days, interrogation started about 9:00 or 10:00 AM and lasted until about 3:00 AM the next morning.
The interrogators seized upon any slight inconsistency in Kato's answers, and accused him of lying. He tried to explain that under the exhausting conditions, it was understandable to have slight inconsistencies sometimes.
They repeatedly accused him of having "a bad attitude toward the Chinese government."
Even asking them to explain the meaning of a question is met with more accusations. He was called "rebellious toward China." Throughout his ordeal, Kato says, the interrogators seemed convinced that he was in China to organize more instances of North Korean refugees seeking protection in foreign compounds.
Since his answers did not satisfy them, they threatened him. "You know that we work very closely with the North Korean authorities. If you do not cooperate with us, we can hand you over to them, and there will be no evidence that it ever happened."
While in custody, Kato three times asked the Chinese police to allow him a phone call to the Japanese consulate or embassy, his own NGO people, or his family. They told him each time, "That will be properly processed according to Chinese law. He was shocked to learn that they had incredibly detailed information on him, his NGO, and on other NGO people working in this field. Suddenly, around 5:00 PM on November 5th, they told him that because of the Japan-China Friendship Agreement, they would "offer him generous treatment." They went so far as to offer him beer and a large meal. One hours later, at 3:00 AM, they drove him to an airport at Sheng Yang, where they placed him directly on an airplane. Kato was informed that he was being expelled and would not be permitted to re-enter China for five years.
Hiroshi Kato demands answers from the Chinese Government
HRWF International Secretariat (13.11.2002) - Website: www.hrwf.net - Email: info@hrwf.net - Mr. Hiroshi Kato was released by Chinese authorities and returned to Japan on Nov. 6. At 2:00 pm on November 7, Mr. Kato visited the Japanese Ministry of Foreign Affairs to report all the details of his experience, beginning with his arrest by Chinese police on October 30th, through November 6 when Chinese officials released him.
During his debriefing with the Japanese Ministry of Foreign Affairs, Mr. Kato specifically requested that the Japanese government demand the following three answers from the Chinese government:
(1) What were the charges against me? When the Chinese police suddenly broke into my hotel room a little after midnight, I was not told any specific charge. They repeatedly asserted, "You know why you are being arrested. You have violated Chinese national law."
(2) Why was my money not returned to me by the Chinese police on November 6 when they released me? When the Chinese police arrested me, I had about 100,000 yen, 90,000 won, and 900 RMB in cash. Afterwards, I asked them to return my money, and they just ignored me.
(3) Why was my camera not returned when I was released on November 6? Although I had taken no pictures, I still want my camera back.
Mr. Kato also requested that the Japanese Ministry of Foreign Affairs pursue the following matters:
(1) Request that the Chinese government not repatriate the North Korean refugee, Mr. Kim Gun Nam. Mr. Kim, who was also arrested and detained by the Chinese police, was with Mr. Kato the day before Mr. Kato was captured. If Mr. Kim is sent back to North Korea, he is certain to be charged with an extremely serious crime, and execution is a strong possibility.
(2) Make special arrangements for Mr. Kim Guang Il (Kim #2), one of our local staff members, who was taking care of our foster children. When the Chinese police were interrogating Mr. Kato, the first thing they did was to seize all his notebooks and memos containing the names, phone numbers and contact procedures of all our local staff members, and lists of our shelters where the North Korean refugees and our foster children were hiding.
It is very likely that, by now, the Chinese police have captured most of these people. Fortunately, we have received word that, as of November 6, Mr. Kim Guang Il is still safe, and in hiding. For this reason, Mr. Kato has asked the Japanese Ministry of Foreign Affairs to make special arrangements to allow Mr. Kim to come to Japan until the danger is past of being arrested by the Chinese police or seized by North Korean agents operating clandestinely in China.
In addition, Mr. Kato requested that the Japanese Ministry give special consideration to the 7 foster children who, as of today, are safe, though hiding in fear. The NGO, Life Funds for North Korean Refugees, is considering an international campaign to recruit foster parents for the seven North Korean refugees as soon as possible. Until we find such foster parents, we ask that the Japanese government take immediate and positive action to secure the protection of these children.
Mr. Kato also strongly requested that the Japanese government help get China to release the Korean activists. We know that China is still detaining them.
Media coverage of the detention and release of Hiroshi Kato
Japan: Human rights advocate missing in China
By James Brooke
New York Times (05.11.2002)/HRWF International Secretariat (13.11.2002) - Website: www.hrwf.net - Email: info@hrwf.net - One of Japan's leading human rights advocates on behalf of North Korean refugees has disappeared in the city of Darien in northern China, colleagues said. Hiroshi Kato, 57, Secretary of Life Funds for North Korean Refugees, has been missing since Wednesday.
His associates in Tokyo charge that Mr. Kato and his Chinese-language Japanese interpreter, Masahiro Mizuta, are being detained by the Chinese police for Mr.Kato's work with North Korean refugees. The Chinese government said officials were looking for Mr. Kato, The Associated Press reported.
Japan: China to expel rights advocate
By James Brooke
New York Times (06.11.2002)/HRWF International Secretariat (13.11.2002) - Website: www.hrwf.net - Email: info@hrwf.net - China plans to expel a Japanese human rights advocate today. He helped refugees fleeing from North Korea to China and Russia, according to the Japanese Embassy in Beijing. Hiroshi Kato, 57, was detained on October 30 for assisting North Koreans to cross illlegally into China and for helping them enter foreign diplomatic premises in China, according to an embassy statement.
Japan: Rights advocate tells of detention in China
By James Brooke
New York Times (08.11.2002)/HRWF International Secretariat (13.11.2002) - Website: www.hrwf.net - Email: info@hrwf.net - A Japanese human rights advocate expelled from China for working with North Korean refugees said the Chinese police had held him incommunicado for six days, subjected him to harsh interrogations lasting through several nights, and forced him to sleep handcuffed to a small chair. The man, Hiroshi Kato, 57, said the Chinese had refused to contact Japanese authorities about his detention and had threatened to hand him over secretly to North Korea.
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