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 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 judgements in favour 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. (More information here)
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 judgement against Zhao Zhifei and awarded nominal damages to the plaintiffs, which could include the punitive and declaratory damages sought by the plaintiffs. (More information here)
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 Partys Politburo, Luo Gan, with crimes of genocide and torture. (More information here)
Iceland Sept. 8, 2003: A criminal lawsuit was filed in Iceland charging Standing Committee member of the Chinese Communist Partys Politburo, Luo Gan, with crimes of genocide, torture and crimes against humanity. (More information here)
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. (More information here)
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. (More information here)
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. (More information here)
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. (More information here)
Contact information:
U.S. Human Rights Attorney Ms. Terri Marsh: +1-202-369-4977
Falun Gong Spokesperson Dana Cheng +1-312-933-8138