This document contains information about the existing legal cases aimed at bringing justice to Falun Gong practitioners who are being brutally persecuted by Jiang Zemin and some of his officials. It is our wish that righteousness will prevail, the freedom to practise Falun Gong will soon return to China, and that those who have committed human rights atrocities in this persecution will be found guilty by our courts.
As Falun Gong practitioners, we abide by the principle of Truthfulness-Compassion-Forbearance and do not bear bitterness or hatred for being wronged. However, we believe our legal actions will expose the ugly facts of the persecution, condemn killings and other human rights crimes and help to make the world a better place to live.
Falun Gong practitioners, 2003-02-02
Facts File 564People Confirmed Dead Over 100,000illegally sent to labour camps More than 500 sentenced to prison terms of up to 18 years Hundreds of thousands illegally arrested and detained | ||
Ms. Dai Zhizhen sues Jiang Zemin for murdering her husband. | Din Yan, 32, was tied in a cage submerged in a water dungeon and left to die. |
For more information about the lawsuits please check in: www.flgjustice.org
Lawsuit against Chairman Jiang Zemin for Genocide
On October 18, 2002, individual plaintiffs filed a class action lawsuit in the United States District Court of the Northern District of Illinois, Eastern Division against Jiang Zemin and Falun Gong Control Office (Office 6/10). The complaint was filed under seal and the defendants were served by alternate service upon security agents designated by the courts as appropriate substitutes for personal service on October 22, 2002.
The lawsuit is a civil action for compensatory and punitive damages for torts committed in violation of international and domestic law, that is instituted pursuant to specific statutory authorisation, namely the Alien Tort Claims Act (28 U.S.C. § 1350) and the Torture Victims Protection Act (106 Stat. 73 (1992)).
The Plaintiffs are members and representatives of a designated class of Falun Gong practitioners who have resided in China in the past, or are currently residing in the Peoples’ Republic of China, who were subjected to torture, genocide, and other major human rights abuses as current residents and citizens of the Peoples’ Republic of China, together with their immediately affected family members. Individual plaintiffs also include U.S. citizens or alien residents of the U.S. who were purposefully, intentionally, subjected to discrimination based on their belief in the spiritual practice of Falun Gong and their co-extensive attempt to protest peacefully the persecution of Falun Gong in China during Defendant Jiang’s visit to Iceland in June of 2002.
Specific causes of action pleaded in the complaint are torture; genocide; the right to life; the right to liberty and security of the person, and to be free of arbitrary arrest and imprisonment; the freedom of thought, conscience and religion, and the freedom to hold opinions without interference and to associate freely; violations of the above-cited rights and protections as embodied in customary international law; conspiracy to commit violations of civil rights within the jurisdiction of the U.S.
Lawsuit Against Jiang Zemin and two other top Chinese officials to UN Committee
Citizens from 6 Countries Submit Legal Case against Chinese leaders to United Nations
On October 21, citizens and residents from Canada, the US, France, Australia, Ireland, Hong Kong and China jointly submitted a legal case against Communist Party Head Jiang Zemin and two other top Chinese officials to the United Nations Committee Against Torture, the United Nations Human Rights Committee and the International Criminal Court for crimes committed in instigating and carrying out the brutal persecution of Falun Gong.
Individuals involved in filing this Case:
Hélène Petit
Jane Zhizhen Dai
Zheng Zeng
Levi Browde
Chu O-Ming
Zenon Dolnyckyj
Lawsuit Against P.R.C. Ministries for Criminal Conduct in USA
The PRC Ministry of State Security [“MSS”], the Ministry of Public Security [“MPS”], and China Central Television [“CCTV”] have been named as party defendants in this lawsuit, which has been filed in the United States District Court for Washington, D.C. This suit is being served upon them as Peoples Republic of China instrumentalities, pursuant to a United States law known as the “Foreign Sovereign Immunities Act,” section 1608, which can be found in Chapter 97 of the United States Code, entitled “Jurisdictional Immunities of Foreign States.”
The parties who are asserting claims in the lawsuit practise Falun Gong, and most of them are of Chinese National origin.
List of claims in the lawsuit
- First Cause of Action – Racketeering Influenced Corrupt Organisations;
- Second Cause of Action – Negligent Hiring, Retention and Supervision;
- Third Cause of Action – 1871 Civil Rights Act Violations;
- Fourth Cause of Action – Civil Conspiracy;
- Fifth Cause of Action – aiding and assisting the commission of “bias related” criminal conduct in the District of Columbia, as that term is defined in 22 D.C. Code Section 3710;
- Sixth Cause of Action – invading the privacy of the plaintiffs in that the defendants caused them to have their pictures taken, be videotaped, followed and had their phones listened in on, all in violation of various state laws;
- Seventh Cause of Action – invasion of the privacy of Tracie Chao, who testified in the U.S. Congress about human rights violations in the P.R.C.;
- Eighth Cause of Action – defaming the reputation of various local Falun Gong “core figures” and leaders based in American cities;
- Ninth Cause of Action – interfering with the Falun Gong’s rights to broadcast in the local Washington, D.C. area;
- Tenth Cause of Action – committing designated criminal acts under the laws of the District of Columbia; and
- Eleventh Cause of Action – encouraging and paying for the commission of designated criminal acts under the laws of the District of Columbia.
Details of the lawsuit can be found in: www.flgjustice.org
Lawsuit Against Head of China's "610 Office" Li Lanqing in France
On December 4th, William Bourdon and Georges-Henri Beauthier, two human rights lawyers renowned for their trials against Chilean dictator Pinochet in Belgium and France, filed a suit for crimes of torture at the Court of Nice against Li Lanqing. The Chinese Vice-Premier was then on an unofficial visit in France. The plaintiffs are four Falun Gong practitioners, including two French women. The complaint was based on the UN Convention Against Torture, which France signed in 1984 and which allows it to arrest and prosecute any person guilty of torture. It is the first time in Europe that a Chinese leader has faced such a complaint.
In June 1999, Li Lanqing was personally asked by former Party Leader Jiang Zemin to head the "610 Office", which is primarily responsible for the massive and violent persecution of Falun Gong. Since July 1999, the orders issued by the 610 Office, under responsibility of Li Lanqing, have led to thousands of deaths, over 500 of which have been documented by international human rights organisations. More than 100,000 people have been arrested, illegally sent to forced labour camps, and often tortured. Thousands have been subjected to damaging psychiatric treatment and sexual abuse. Millions of people are being terrorised in their daily lives: public humiliation, being fired from their jobs, kicked out of their homes and schools, extortion, forced divorces and abortions, and being forced to abandon their homes to avoid further persecution.
The plaintiffs are:
Chen Zhumei, a Chinese woman living in France. While appealing in China against the persecution of Falun Gong in July 2000, she was arrested, imprisoned and wildly beaten. Her arm was broken and to this day she remains handicapped;
Hélène Petit, a French woman who took part in a peaceful appeal on Tian'anmen in Beijing in November 2001. She was arrested, detained and beaten;
Zhao Ming, a Chinese computer science student in Trinity College, Dublin, who was detained for more than two years in different forced labour camps and subject to continuous physical and mental torture;
Wang Yuzhi, a Chinese woman who was tortured in China. She escaped to the United Arab Emirates and was threatened with deportation back to China. She was rescued by the Canadian Government.
Lawsuit Against Chinese Official Zhou Yongkang for Crimes Against Humanity in USA
New York - August 28, 2001 -- Mr. Haiying He, the plaintiff, together with the Human Rights Attorney Terri E. Marsh and New York-based supporters of Falun Gong filed a lawsuit against a high-ranking Communist Party official with crimes against humanity for his persecution and torture of Mr. He's sister.
The complaint is being filed by Haiying He, 32, of Boston, whose sister, an elementary school teacher in China, has been subjected to torture and other rights abuses in the custody of Sichuan Province authorities. She disappeared in June and has not been seen since; family believes that she has been executed.
Mr. Zhou Yongkang, the General Secretary of the Provincial Committee of the Chinese Communist Party of Sichuan Province, has been charged with committing serious human rights abuses -- including torture, causing disappearance, false imprisonment, and cruel, inhuman and degrading treatment.
Mr. Zhou was served with a complaint, accused of violating the Torture Victims Protection Act and the Alien Tort Claims Act. The complaint was filed on August 27 in the U.S. District Court of the Northern District of Illinois.
The suspect, who was served the complaint in front of the 911 Centre in Chicago, Illinois, is believed to have worked in concert with other officials of the Communist Party and high-ranking officials of the Sichuan provincial government to target practitioners of Falun Gong. Sources contend he authorised, supervised, and endorsed the use of means such as murder, torture and disappearance in order to intimidate and eliminate Falun Gong in his region.
Attorney Ms. Terri E. Marsh summarised the event, "We are filing this complaint because we are committed to stopping the campaign of violence and hatred against Falun Gong in China with backing of the United States' legal system, which is committed to the rule of law and the Law of Nations. We intend -- no matter how many law suits it requires -- to end the persecution of Falun Gong in China."
Lawsuit Against Chinese Official Zhao Zhifei for Mass Arrest and Torture in USA
NEW YORK, July 19 - Mr. Zhao Zhifei, head of Public Security for Hubei Province in China, was served with a complaint for violation of the Torture Victim Protection Act and the Alien Tort Claims Act. The case was filed in the U.S. District Court for the southern district of New York. Among the charges listed in the complaint are:
a. Murder
b. Torture
c. Other cruel, inhuman or degrading treatment or punishment
d. Crimes against humanity
e. False imprisonment.
Mr. Zhao also serves as the second-in-command for the controversial "610" office for Hubei Province -- a special office setup by the central government in China to carry out the crackdown against Falun Gong and other spiritual practises.
Human Rights lawyer, Carey R. D'Avino is the counsel for Falun Gong practitioners.
Lawsuit Against Beijing Mayor Liu Qi in USA
SAN FRANCISCO, February 8th, 2002 (Falun Dafa Information Center) - Liu Qi, Mayor of Beijing and President of the Beijing Olympic Committee, was served with a law suit filed in U.S. District Court for his responsibility in overseeing severe human rights abuses against Chinese and international Falun Gong practitioners.
Charges against the mayor include "Torture; Cruel, Inhuman or Degrading Treatment; Arbitrary Detention; Crimes Against Humanity; and Interference with Freedom of Religion and Belief."
The Centre for Justice and Accountability, an organisation that represents victims of grave human rights abuse, filed the civil complaint with the U.S. District Court in San Francisco Thursday afternoon. The complaint was then served on Mr. Liu later that evening at the San Francisco International Airport before he boarded a flight to attend festivities at 2002 Winter Olympic Games.
Terri Marsh, human rights attorney and co-counsel for the plaintiffs.
Lawsuit Against Chinese Official Xia Deren in USA
This is a civil class action filed on February 8, 2002 in the U.S. District Court for the Northern District of California for torture and atrocities in Liao Ning Province, China, committed in violation of international and US domestic law under the Alien Tort Claims Act (28 U.S.C. section 1350) and the Torture Victims Protection Act (106 Stat. 73 (1992)).
Plaintiffs in this action include 1) three individually identified residents of Liao Ning Province of China, or refugees from that Province now living in different nations around the world, including the United States, and 2) other past and current residents and citizens of Liao Ning Province, China, together with their immediately affected family members.
The defendant, XIA Deren, Deputy Provincial Governor, Liao Ning Province, China, has been playing, in his official capacity, a major role in seeking to suppress Falun Gong through arbitrarily arresting, detaining, assaulting, torturing and sometimes executing Falun Gong practitioners.
Lawsuit Against Ding Guangen Deputy Chief of "610 Office"
WASHINGTON DC, May 17, 2002 (Falun Dafa Information Center) -- Ding Guangen, Propaganda Minister of China, Politburo Member, and Deputy Chief of the "6-10" Office, was served with a law suit filed Wednesday in U.S. District Court for his role in overseeing and executing severe human rights abuses against Falun Gong practitioners in China and overseas.
"As the Propaganda Minister of China, Ding is directly responsible for the deadly propaganda, fabrication and lies to grossly distort Falun Gong's teachings and slander its founder and students with the purpose of bending public opinion to support the government's persecution of Falun Gong," said The World organisation Against Torture, an organisation that represents victims of grave human rights abuse, filed the civil complaint with the U.S. District Court in Honolulu Hawaii, Wednesday afternoon. The complaint was served the following afternoon in Mr. Ding's Honolulu Hotel room, room 370 of the Royal Hawaiian Sheridan.
Terri Marsh, an attorney assisting with the case. " Ding has directly aided in the murder, torture and hate of Falun Gong practitioners all across China and propaganda campaigns overseas. His instrumental role in the persecution of people who practise Falun Gong makes this lawsuit significant."
Charges against the defendant include "Torture; Genocide, Right to Life, Right to Liberty and Security of Person and to be free of Arbitrary Detention and Arrest, Freedom of Thought, Conscience, and Religious Belief."
Mr. Ding was returning to China following a visit to Canada. According to local sources, Mr. Ding changed his return flight schedule at the last moment to avoid any legal action against him during his stay in the United States.
"This case is extremely important because it reaches one of the few people who are directly responsible for the campaign of persecution against Falun Gong practitioners," commented Mr. Sklar, the Executive Director of WOAT and also the lead attorney for the lawsuit. "It is typically difficult for Alien Tort cases to reach the highest level of government officials. Ding is a member of the Politburo, the small group of people that effectively run the country. Therefore, like Slobodan Milosevic, in this case we have one of the people directly in charge of organising and carrying out the whole reign of terror that has been unfolding throughout China for the past three years."
The lawsuit filed against Mr. Ding is a class action lawsuit, which, Mr. Sklar indicates, is also very significant. "The fact that this is a class action suit means it aims to protect the interests of a larger class of people in general. Mainly, Falun Gong practitioners throughout China and the world who have been terrorised and victimised by the persecution campaign Ding has implemented."
Morton Sklar, Executive Director of WOAT, and counsel for the plaintiffs, is available by phone to answer questions: 202-296-5702. Terri Marsh, another attorney assisting with this case, may be reached at 202-236-4977. Other contacts: Dr. Dana Cheng 703-725-4168, or Dr. Shiyu Zhou 267-246-3792.
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