NEW YORK (FDI) – We believe that the moral and legal issues raised by
this case are of paramount importance to the future of human rights litigation
here in the United States. How we resolve these issues will affect the matter
of upholding our tradition for justice, democracy, and freedoms, as well as
determine the place of the United States in the world.
As former President Jiang has rendered voiceless in China the millions upon
millions of victims of his campaign of genocide and torture against Falun Gong,
so too has the former President of China deployed any and all stratagem to have
the case filed against him in the United States District Court of the Northern
District of Illinois dismissed, threatening nothing less than an international
crisis between the United States and China should this case be permitted to
go forward.
What Jiang Zemin does not yet grasp are the limits of his power not only in
China but here in the United States. What Jiang Zemin does not yet acknowledge
is that he was served on October 22, 2002 at the Ritz-Carlton Hotel in Chicago
Illinois, pursuant to Judge Hibbler’s substitute service order, and that Jiang
Zemin is the Defendant in this and other lawsuits charging him with genocide
and torture.
This case is far from over. In fact, it is just beginning.
Like the plaintiffs in Filartiga v. Pena-Irala (2nd Cir. 1980), like the plaintiffs
in Pinochet, the plaintiffs in Falun Gong v. Jiang Zemin shall prevail on appeal.
History will soon show that the principles which comprise the plaintiffs’
claims shall prevail.
Sitting and former heads of state cannot commit crimes of terrible magnitude
against their own citizens and those of other countries with impunity.
Victories in the United States
In the United States, four similar lawsuits have been filed. Three of these
lawsuits have already seen judgments in favor of Falun Gong.
In June 2003, a U.S. Magistrate Judge denied foreign sovereign immunity to
Beijing Party Secretary and former Beijing Mayor Liu Qi, and Vice Governor of
Liaoning Province, Xia Deren. In a report submitted to the Court, the Magistrate
Judge recommended a guilty finding for both Defendants.
In December 2001 the U.S. District Court of the Southern District of New York
ruled against Zhao Zhifei, chief of police and second-in command of the “6-10
Office” in Hubei Province. In this case, the judge ordered a default judgment
against Zhao Zhifei and awarded nominal damages to the plaintiffs, which could
include the punitive and declaratory damages sought by the plaintiffs.
Waves of International Lawsuits Target Persecution of Falun Gong in China
Finland – Sept. 11, 2003: A criminal lawsuit was filed in Finland charging
Standing Committee member of the Chinese Communist Party’s Politburo, Luo
Gan, with crimes of genocide and torture.
Iceland – Sept. 8, 2003: A criminal lawsuit was filed in Iceland charging
Standing Committee member of the Chinese Communist Party’s Politburo, Luo
Gan, with crimes of genocide, torture and crimes against humanity.
Australia – Aug. 26, 2003: Australian citizen, Ms, Zhang Cuiying, who
was subjected to torture and persecution in China, is to have her case championed
in the United Nations and the International Court of Justice by an eminent human
rights lawyer, Mr. Geoffrey Robertson. Mr. Robertson is the Chief Justice of
the UN War Crimes Court.
Belgium – Aug. 21, 2003: One of the lawyers who prosecuted Chilean dictator,
Augusto Pinochet, filed a criminal lawsuit in Belgium against Jiang Zemin, and
two of his senior aides: Luo Gan and Li Lanqing. The lawsuit charges the three
men with genocide, torture and crimes against humanity.
France – December 2002: A criminal lawsuit was filed in France charging
the former Vice-Premier of China, Mr. Lanqing Li – who was the acting administrative
head for the “6-10 Office” – with crimes of torture. In July
2003, the French criminal court began legal proceedings on the case.
Switzerland – March 18, 2002: During the United Nations 59th Human Rights
meeting, Mr. Philip Grant, President of TRIAL (Track Impunity Always), announced
plans to launch a lawsuit against Jiang Zemin for torture, crimes against humanity
and genocide if the former Chinese leader ever visits Switzerland.
Related Links on FalunInfo.Net:
* U.S. Magistrate
Sets Precedent for Trying Jiang Zemin (Aug. 18, 2003)
* Members of
U.S. Congress Urge U.S. Court to Proceed with Lawsuit against Jiang Zemin (June
11, 2003)
* U.S. State
Dept. Reports Continued Severe Abuses against Falun Gong in China (March 31,
2003)
* U.S. Congress
Calls for End to Jiang Zemin Regime’s Persecution of Falun Gong (July 24,
2002)
* Press Statement
Regarding Lawsuit against Jiang Zemin (May 7, 2002)
Contact information:
U.S. Human Rights Attorney Ms. Terri Marsh: +1-202-369-4977
Falun Gong Spokesperson Dana Cheng +1-312-933-8138
