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Statement Regarding Recent Ruling of FALUN GONG Plaintiffs, A-F v. Jiang Zemin in U.S. District Court

September 14, 2003 |  


NEW YORK (FDI) -- On Sept. 12, the Falun Dafa Information Center was informed that Judge Matthew F. Kennelly -- the judge presiding over the lawsuit filed against Jiang Zemin in the U.S. District Court of the Northern District of Illinois -- ruled that the former Chinese leader enjoys immunity from charges that include torture and genocide.

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 and freedoms, as well as determine the place of the United States in the world.

As former Chinese leader 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 leader 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.

It is interesting to note that shortly after the ruling was made known, China's state-run media began reporting on the case for the very first time since it was initially filed almost a year ago. For the past year, China's state-run media has been completely silent, so that news of the former Chinese leader being sued for crimes of torture and genocide would be kept hidden from the Chinese people.

Even now, China's state-run media will not disclose who the lawsuit is against and what the charges are. As it has done so many times before, the Jiang Zemin regime continues to withhold the truth from the Chinese people and the world about the policy of genocide Jiang is carrying out against Falun Gong practitioners.

What Jiang does not yet grasp are the limits of his power not only in China but here in the United States. What Jiang 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 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. (news)

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 ?sup>o6-10 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. (news)

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. (news)

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. (news)

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. (news)

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. (news)

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 ?sup>o6-10 Office" -- with crimes of torture. In July 2003, the French criminal court began legal proceedings on the case. (news)

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. (news)

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

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PRESS STATEMENT - Sept. 14, 2003
Falun Dafa Information Center, www.faluninfo.net


Background

Falun Gong, also known as Falun Dafa (about), is a practice of meditation and exercises with teachings based on the universal principle of "Truthfulness-Compassion-Tolerance." It is a practice that was taught in private for thousands of years before being made public in 1992 by Mr. Li Hongzhi. Falun Gong has roots in traditional Chinese culture, but it is distinct and separate from other practices such as the religions of Buddhism and Taoism. Since its introduction in 1992, it quickly spread by word of mouth throughout China, and is now practiced in over 50 countries.

With government estimates of as many as 100 million practicing Falun Gong, China's Communist leader Jiang Zemin outlawed the peaceful practice in July 1999 (report), fearful of anything touching the hearts and minds of more citizens than the Communist Party. Unable to crush the spirit of millions who had experienced improved health and positive life changes from Falun Gong, Jiang's regime has intensified its propaganda campaign to turn public opinion against the practice while quietly imprisoning, torturing and even murdering those who practice it. To that end, Jiang established the ?sup>o6-10 Office," a Gestapo-like agency spanning from the Central Government to the local governments. The United States Congress has described the ?sup>o6-10 Office" as an agency charged with ?sup>ooverseeing the persecution of Falun Gong members through organized brainwashing, torture, and murder." (news)

The Falun Dafa Information Center has verified details of 783 deaths (reports / sources) since the persecution of Falun Gong in China began in 1999. In October 2000, however, Government officials inside China reported that the actual death toll was well over 1,600. Expert sources now estimate that figure to be much higher. Hundreds of thousands have been detained, with more than 100,000 being sentenced to forced labor camps, typically without trial.


FOR MORE INFORMATION, PLEASE CONTACT THE FALUN DAFA INFORMATION CENTER- Contacts: Gail Rachlin 917-501-4441, Levi Browde 914-720-0963, Erping Zhang 646-533-6147, or Feng Yuan 917-941-1097. Email: faluninfoctr@nycmail.com, Website: http://www.faluninfo.net/