On November 17, after a grand rally in front of the President's Office the day before, representatives of seven Falun Gong practitioners went to Taiwan's High Court to formally file a lawsuit against Chinese dictator Jiang Zemin on the charge of genocide. The representatives said that they were confident of the lawsuit's success.
Seven Taiwanese Falun Gong practitioners, including Lin Hsiao-Kai and an under-aged victim, filed a lawsuit in a Taiwan High Court accusing former Chinese President Jiang Zemin, former Chinese Vice Premier Li Lanqing and member of the Standing Committee of the Chinese Communist Party Politburo with genocide. The lawsuit is based on a Taiwanese law for the prevention and punishment of the crime of genocide stipulated in 1953.
This is the first criminal case by Taiwanese people against Chinese officials and the first case in which members of the Chinese community have brought charges against Jiang Zemin. It follows lawsuits filed against Jiang in the US, Belgium and Spain. Lawsuits against Jiang Zemin are also planned in Australia, Canada, Switzerland, Germany and Ireland.
The first court of Taiwanese law for the prevention and punishment of the crime of genocide is the High Court. The seven plaintiffs did not appear in person but requested their representatives, Chang Ching-hsi, president of the Taiwan Falun Gong Association and Attorney Chu Wan-chi to submit the lawsuit at the Criminal Case Submission Office of the High Court on their behalf.
Once the issue of jurisdiction is resolved, the Taiwan High Court will try to subpoena Jiang and other defendants and serve papers to the defendants through the Straits Exchange Foundation.
The Taiwanese law for the prevention and punishment of the crime of genocide, which was cited for the first time in Taiwan, was stipulated in 1953 according to the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide. The main purpose of the law is to punish those trying to kill or eliminate all or parts of a nation, race, or political organisation. The punishments are the death penalty, a life sentence or 7 years and more in prison.
The Jiang regime's persecution of Falun Gong followers on the mainland meets the provisions of genocide stipulated in the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide. Bringing these criminals to justice would play an important role in stopping the persecution.
Chang Ching-hsi said that the Chinese have an old saying that, "Good will be rewarded with good, evil will meet with evil," all in due time. Now that human rights have become universally valued, the time for "Good being rewarded with good, evil with evil" has come. Laws should play an active role in punishing the evil, protecting the good and safeguarding justice in the human world. For the 4 mainland brides and other persecuted Falun Gong practitioners, we will use different peaceful way to rescue them and will not stop.
According to international customs, a major crime that breaks international criminal laws, such as genocide, fits the principle of universal jurisdiction -- that is, anyone can file a lawsuit against this kind of crime in any country.
Chu admitted that Taiwan and Mainland China are ruled separately, and it will be difficult to bring Jiang and the others to court in Taiwan. However the lawsuit will be worthwhile if it brings public attention to the persecution of Falun Gong practitioners on the mainland and the fact that four mainland Chinese wives of Taiwanese men are still being detained by the Beijing authorities.
She also emphasised that for Falun Gong practitioners, it is the biggest success if everyone gives their support in the court of conscience and helps stop the persecution.
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