According to State Department Spokesman Ian Kelly, speaking at Monday’s press briefing, the two American journalists being held in North Korea have been being denied consular access since March 30th, a total of 43 days.
Laura Ling and Euna Lee were arrested on the border between North Korea and China on March 17th, and subsequently accused of illegally entering North Korea and espionage activities. On April 24th the North Korean authorities announced their intention to bring the case to trial, but nothing further has been released and Pyongyang has continued to deny Swedish Ambassador Mats Foyer, acting as the protecting power in the absence of a U.S. ambassador to Pyongyang, any access to the two.
According to Kelly, the U.S. is “not aware of any kind of reasons… as to why they’re denying the consular access.” Such a situation, as Kelly was swift to point out, is totally “contrary to the Vienna Convention.”
Commenting in yesterday’s Washington Post, Professor Victor Cha criticized the U.S. administration for having “done little” to save Laura Ling and Euna Lee. Accepting that the international community should strive to avoid giving in to what he called “North Korean extortion tactics,” and that the U.S. does not have a consular mission in Pyongyang through which to operate, Professor Cha nevertheless pointed out that the U.S. must not “stand by and watch these innocent women be thrown into the living hell of North Korean labor camps.”
In the piece, Professor Cha suggested sending a high level envoy such as Al Gore to Pyongyang to secure the journalists’ release, whilst gaining an insight into the state of Pyongyang politics at the same time. However, Spokesman Kelly rejected the idea, saying that, for whatever purpose, “It’s too early to go to North Korea.”
If the case comes to trial, it would be the first official trial of a foreigner in North Korean history, so the outcome is extremely hard to predict. However, North Korea does refer to “civil law for foreigners” in its statutes, wherein it states that North Korea “wll adhere to the basic principles of the DPRK legal system with regards to foreign civil affairs relations.”
If North Korea persists in denying the two journalists access to the Swedish embassy, then it is likely that their legal counsel will be designated for them, as is also permitted under North Korean law.
