Lawsuits Filed in the United States

In October 2002, Falun Gong practitioners and their families filed a lawsuit in the Northern District Court of Illinois charging Jiang Zemin and his "610 Office" with torture, genocide and other crimes against humanity during his visit to Chicago. (The "610 Office" was formed to carry out the campaign to eradicate Falun Gong.) On June 11, 2003, the court accepted an amicus curiae brief signed by 38 members of the U.S. Congress in support of the plaintiffs. On September 12, 2003, the court dismissed the claims against Jiang based on the view that former heads of state enjoy immunity for torture and genocide in U.S. courts. On September 30, 2003, plaintiffs filed a Motion for Reconsideration based on the fact that the court's decision was not consistent with trends in international law, multilateral conventions and treaties since World War II, or American jurisprudence. On October 6, 2003, the court denied the plaintiffs' Motion for Reconsideration, and on November 13, plaintiffs filed their notice of appeal with the Seventh Circuit Appellate Court. On January 20, 2004, the Court accepted the documents of appeal.

In June 2003, a U.S. Magistrate denied foreign sovereign immunity to Beijing Party Secretary and former Beijing Mayor Liu Qi, and also to Xia Deren, Vice Governor of Liaoning Province. In a report submitted to the court, the judge recommended a finding in favor of the plaintiffs in both cases.

In December 2001, the U.S. District Court of the Southern District of New York ruled against Zhao Zhifei, the Chief of Police and second in command of the "610 Office" in Hubei Province. The judge issued a default judgment against Zhao Zhifei and awarded nominal damages to the plaintiffs by request of the plaintiffs' counsel.

International Lawsuits

Cyprus - On Oct. 27, 2003, a complaint was filed in the National Court against Wu Guanzheng, Politburo Standing Committee member and former Shandong Province Governor, charging him with genocide, torture, and crimes against humanity.

Spain - On Oct. 15, 2003, a criminal lawsuit was filed in the National Court charging Jiang and Politburo Standing Committee member Luo Gan for their roles in the campaign of genocide and torture against Falun Gong practitioners.

Moldova - On Sept. 18, 2003, a class action lawsuit was filed charging the same Luo Gan with torture, genocide, and other crimes.

Armenia - On Sept. 16, 2003, a criminal lawsuit was filed charging Luo Gan with genocide and torture.

Finland - On Sept. 11, 2003, a criminal lawsuit was filed charging Luo Gan with genocide and torture.

Iceland - On Sept. 8, 2003, a criminal lawsuit was filed charging Luo Gan with genocide, torture, and crimes against humanity.

Australia - In 2000, Australian citizen Zhang Cuiying was imprisoned and tortured in China for her belief in Falun Gong. Human rights attorney Mr. Geoffrey Robertson will bring her case before the United Nations Human Rights Commission.

Belgium - On Aug. 21, 2003, a prosecuting attorney in the case of Chilean dictator Augusto Pinoche filed a criminal lawsuit against Jiang and his senior aides Luo Gan and Li Lanqing. The lawsuit charged the three with genocide, torture, and crimes against humanity.

France - On Dec. 2002, a criminal lawsuit was filed charging former Vice-Premier of China Li Lanqing, also formerly the acting administrative head for the "610 Office," with torture. In July 2003, the French criminal court began legal proceedings on the case.

Switzerland - On March 18, 2002, during the United Nations 59th Human Rights Commission meeting, Mr. Philip Grant, President of Track Impunity Always, announced plans to launch a lawsuit against Jiang for torture, crimes against humanity, and genocide if the now-Chairman of the Central Military Commission ever visits Switzerland.

Background

Falun Gong (a.k.a. Falun Dafa) is a practice of meditation and exercises with teachings based on the universal principles of Truthfulness, Compassion, and Tolerance. Since its public 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, Party leader Jiang Zemin outlawed the peaceful practice in July 1999, possibly due to fear or jealousy of Falun Gong's rapid growth and popularity, which far surpassed that of the Party itself. Unable to crush the millions who had benefited 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.

As of January 2004, 860 deaths have been verified since the persecution began in 1999. Expert sources, however, estimate the figure to be much, much higher. Hundreds of thousands have been detained, and more than 100,000 have been sentenced without trial to forced-labor camps.

Falun Gong practitioners in China have appealed to the government according to their Constitutional rights and have resisted the persecution with non-violent public protests, but channels of appeal have been cut off and they are often arrested. Practitioners outside China are using every non-violent and legal means possible to bring attention to this grave situation and initiate litigation against members of the regime, the "610 Office," and local officials involved in the persecution.

Category: Karma & Virtue