31. 2003年，联合国难民事务高级专员办事处 （难民署)在“关于朝鲜民主主义人民共和国寻求庇护者的国际保护需求的说明”中表示的立场至今仍然有效。
The position stated in 2003 by the Office of the United Nations High Commissioner for Refugees (UNHCR) in a note on international protection needs of asylum-seekers from the Democratic People's Republic of Korea is still relevant today.
• 朝鲜民主主义人民共和国国内严酷的人权状况
• The very serious human rights situation in the Democratic People's Republic of Korea
• 有些群体特别容易遭受迫害，尤其因为其家庭背景或政治背景
• The existence of groups which are particularly prone to persecution, in particular on account of their family or political background
• 朝鲜民主主义人民共和国出于政治原因，惩罚未经批准而离境者，惩罚程度从几周到几年都有，甚至死刑
• The practice of the Democratic People's Republic of Korea of penalizing unauthorized departures from its territory for political reasons, with punishment ranging from several weeks to several years or even execution
• “再教育”设施内的暴行
• The abusive conditions in “re-education” facilities.
32. 根据难民署现有的资料，而且因为无法进行单独甄别，难民署总的评估是，未经批准离开朝鲜民主主义人民共和国、可能受到遣返者，一般被视为需要国际保护；根据1951年《难民地位公约》和1967年的公约议定书，其中许多人可以作为难民。
Based on information available to the Office and without being able to screen citizens individually, the overall assessment of UNHCR was citizens leaving the Democratic People's Republic of Korea without authorization and in danger of deportation were generally considered to be in need of international protection; many of them could have qualified as refugees under the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto.
有鉴于此，难民署十分关注这些人，重申要绝对尊重“不驱回”原则。
Against this background, the group was therefore of concern to UNHCR, which reiterated the need for the absolute respect of the non-refoulement principle.
33. 最近的报告表明，被迫返回原籍国者受到的惩罚有所减轻，部分原因是，2004年改革了刑法。
Recent reports have indicated that the punishments meted out to those forced back to the country of origin may have been reduced, partly because of the reform of the criminal law in 2004.
2006年朝鲜民主主义人民共和国人权状况白皮书注意到法律的逐渐发展。
The progressive development of the law has been observed in the White Paper on Human Rights in North Korea, 2006:6
1987年《刑法》第47条规定，逃离国家者被视为犯有叛国罪，判七年或更长的劳动改造。
Article 47 of the 1987 Penal Code stipulated that anyone caught fleeing the country would be deemed as committing treason against the fatherland and be punished with a seven-year or heavier correctional labour punishment.
1999年订正了《刑法》，其中把越境分为两类。
But the revised 1999 Penal Code distinguished the act of border crossing into two categories.
仅仅是“非法跨越国境”最多判处三年劳动改造（第17条）。
Simple acts of crossing of “those crossing the border illegally” would be punished with correctional labour for up to three years (Art.
跨越国界，“逃离国家，前往他国，以求颠覆共和国”将被判五年至十年劳动改造。
Crossing the border “to flee from the country to another country or with the aim of toppling the Republic” would be sentenced to correctional labour for five to ten years.
对于更为严重的案情，曾判处十年以上劳动改造，或死刑，同时没收所有财产。
In more serious cases, correctional labour punishment for over 10 years or death sentences would be handed down, along with confiscation of all properties.
2004年订正的《刑法》第233条大体规定，“跨越国境”为“进出国境”，而非旧《刑法》中的“仅仅是越境”。
Also, Article 233 of the revised 2004 Penal Code defines “border crossing” broadly as “those going and coming across the border” instead of “simple crossing” in the old Penal Code.
另外，非法进出国境罪的判刑力度也从三年“劳动教养”减为两年。
Furthermore, the level of the mandatory sentence for the crime of “illegal going and coming across the border” was reduced from three years to two years of “labour training” punishment.
两年“劳动教养”相当于1年“劳动改造”，因此，惩罚力度也从三年“劳动改造”减为一年。
Since two years of “labour training” is equivalent to one year of “correctional labour”, the level of punishment was reduced from three years to one year of “correctional labour”.
34. 如果刑法减轻，则是具有建设性的发展，但也需要进一步监测，评估其是否为有诚意、有系统的减刑，而非临时减刑。
If the sanctions are being reduced, this is a constructive development, but it needs to be monitored further to assess whether there is genuine, systematic mitigation rather than ad hoc reduction of sentencing.
离开国家到他国寻求庇护者，根本不应因为未经批准离国受到惩罚。
Those who have left the country in search of refuge elsewhere should not be punished at all for having left the country without an exit visa.
这也有助于落实1998年通过的《宪法》第75条的精神，其中规定“公民有居住和旅行的自由”。
This would also help to fulfil the spirit of article 75 of the Constitution adopted in 1998, which states that “citizens shall have the freedom of residence and travel”.
35. 特别报告员访谈的若干难民，都经历过被迫返回原籍国并受到惩罚的经历。
Several of the refugees interviewed by the Special Rapporteur had experience of forced return to the country of origin and the punishments inflicted.
如果离国者没有任何政治倾向，属于“首次”离国，返国时要受盘问，但不一定受罚。
If those who had left the country were “first timers” without political affiliations, they would be questioned upon return without necessarily being punished.
如果是多次离国，又被迫返国，处罚将相应加剧，从接受再教育到强迫劳动。
If they had left several times and were then forced to return, punishments would be increased accordingly, beginning with re-education and forced labour.
如果他们接触邻国的宗教团体和非政府组织，则将受到严惩，政府视为异类者，将在政治监狱中长期服刑。
If they had access to religious groups or non-governmental organizations in neighbouring countries, they would be punished severely, with long-term incarceration in political prisons for those seen as suspect by the Government.