Taiwan: Summary of the Lawsuit Filed in Taiwan Against Jiang Zemin and Two Other Officials for Committing Crimes of Genocide

I. Summary:

1. This action is a criminal case.


2. See attached table for crimes committed against the seven Falun Gong practitioners, including six adult plaintiffs and one juvenile victim (victim's mother acting as legal representative), appearing pro se without prosecutor in this action.


3. Plaintiffs appearing pro se without prosecutor filed a criminal complaint on November 17, 2003 with the Taiwanese Superior Court against Jiang Zemin, former Chairman of Communist China, against Li Lanqing, former Premier of the China State Council, and Luo Gan, Chinese Communist Party Politburo member, for violations and committing the crime of genocide under the Taiwanese Genocide Penal Code.

II. Background:

1. Defendant Jiang Zemin: Out of self-interests, he outlawed the Falun Gong practice on July 1999. He publicly announced he would launch a "strike hard and suppress movement" against Falun Gong, and he used the Party, political, military and police systems in Mainland China, had spent tremendous amounts of money to build the "Office of the Leadership Team on the Issue of Falun Gong," which is the "610 Office."* It shares common traits with the former "CCP Central Committee Cultural Revolution Leadership Team" and the Nazi's Gestapo during World War II. The "610 Office" is defendant Jiang Zemin's headquarters for directing the annihilation movement against Falun Gong.


2. Defendants Li Lanqing and Luo Gan: Defendant Jiang Zemin appointed defendant Li Lanqing who was the deputy premier at the time, as well as Luo Gan, who was Politburo Standing Committee member of CPC's Central Committee. He is one of the key persons in charge of the "610 Office." These two defendants conspired, directed, organized and executed crimes of an annihilate nature against Falun Gong. They used countless means of fiendish torture and brainwashing on Falun Gong practitioners. In addition, they sponsored government-directed slander, lies and defamation to incite public hatred against Falun Gong.


3. Defendant Jiang Zemin's illegal annihilation movement against Falun Gong is not limited to Falun Gong practitioners in Mainland China. Taiwanese Falun Gong practitioners who take business trips to or visit friends and families in Mainland China with legal visas are being illegally detained, harmed and are subjected to violent interrogation by agents from the government. There are still several Taiwanese Falun Gong practitioners right now who are being unlawfully detained and incarcerated in Mainland China. Moreover, as verified by Taiwanese Falun Gong practitioners, the defendants' conspiracy and violence have extended into the territory of Taiwan. The personal safety and privacy of the Taiwan and Mazu people are being monitored and violated by the Communist Party.


4. Lawsuits filed around the world to chase down crimes of persecution against Falun Gong: This persecution, the tremendous suffering that has been going on for the last four years and is still continuing to deprive millions of practitioners of their basic human rights and their freedom to pursue a belief. Falun Gong practitioners in foreign countries are also persecuted.


5. The persecution of Falun Gong has become an international human rights incident. There is continuous media exposure and condemnation by foreign governments. Other than this lawsuit against Jiang Zemin, Li Lanqing and Luo Gan, human rights lawyers around the world have formed a joint, widespread net as they filed lawsuits against Jiang and other government officials who followed in his footsteps in this crime spree. In October 2002, defendant Jiang Zemin was charged with genocide, torture and anti-humanity crimes in the US, Belgium and Spain. Practitioners in Australia, Canada, Switzerland, Ireland and Germany are preparing lawsuits. Defendant Li Lanqing was charged with torture in France; defendant Luo Gan was charged with crimes of genocide, torture and crimes against humanity in Iceland, Finland, Armenia, among other countries.

III. Genocide

1. After the UN General Assembly passed the Convention on the Prevention and Punishment of the Crime of Genocide act in 1948, Taiwan signed the Genocide Convention on July 20, 1949 and issued the Taiwan Genocide Penal Code on May 22, 1953, which contains the same provisions as in the Genocide Convention, thus making the Genocide Convention part of Taiwanese national law. The Taiwan Genocide Penal Code, under Article II, provides that: Anyone who commits any of the following acts with intent to destroy, in whole or in part, a national, ethnical, racial or religious group shall be committing a crime of genocide, punishable with the death sentence, a life sentence or sentence of jail terms up to 7 years: (1) Killing members of the group; (2) Causing serious bodily or mental harm to members of the group; (3) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction, in whole or in part; (4) Imposing measures intended to prevent births within the group; and (5) Forcibly transferring children of the group to another group. (6) Anyone who conspires to bring about the destruction of the group, or prepares and conspires to commit an infraction of Section (1) above, shall be punishable by between one and seven years of jail term. Article V of the Taiwan Genocide Penal Code provides that persons committing genocide shall be subject to the Taiwan Genocide Penal Code, regardless of the person's identity.


2. Defendant Jiang was head of state when initiating and launching this persecution to destroy Falun Gong. However, since March 14, 2003, he has no longer been Chairman of China and does not have the protection of head-of-state immunity. Further, according to Article II above, no one, including ruling heads of state, shall be above the law and shall be punished if committing crimes of genocide. Defendants Jiang and the two above named officials have caused the killing and torture of Falun Gong practitioners, including the seven plaintiffs/victims here who practice Falun Gong in Taiwan and who have suffered severely, both physically and mentally. Such acts by defendants constitute violation of Article II of the Taiwan Genocide Penal Code. The Taiwan Genocide Penal Code referenced above shall apply to any perpetrator regardless of identity.


3. The above referenced Genocide Convention on the prevention and punishment of genocide enjoys the status of customary international law as part of international criminal law and international humanitarian law. Genocide is a crime listed in the Rome Statute/International Criminal Court. Communist China became a signatory to the above referenced United Nations' Genocide Convention in 1983. Defendant Jiang and co-defendants have committed the crime of genocide under the Genocide Convention.

Attached Table:

	Experience of Persecution Name of Victim	Experience of Persecution
1	Wang Xiuhua	On January 2, 2003, I took a business trip to Shanghai, China. Upon arrival at the Pudong Airport, plainclothes police officers took me forcibly to the Shanghai National Security Bureau. I was detained for 28 days. Everyday I was interrogated for more than 18 hours. I was constantly threatened, verbally abused, and physically tormented. I was often not allowed to sleep for 30 to 40 hours at a time. My company asked the Straits Exchange Foundation for help and failed, and my family spent large sums of money and went to bribe government officials. As a result I was finally released.
2	Lin Hsiao-kai	On September 29, 2003, I went to Shanghai to visit a friend. On October 7, I was taken to Shanghai National Security Bureau and illegally detained for 20 days, and the interrogation time reached 24 hours at its peak. They tried to brainwash me and to force me to give up my belief. They threatened me with imprisonment and tried to coerce me to reveal all information related to the Taiwanese Falun Gong organization. They also threatened me that if I "expose untrue information [things not in their favour]" after I returned to Taiwan, they would not let me live. In the end, I was forced to sign a repentance statement and was released.
3	Chan Chun-pei and her daughter	Chan Chun-pei's daughter is the victim. On February 8, 2002, Chan Chun-pei and her daughter went to Mainland China to visit their relatives. They were illegally arrested by police upon arrival at the Hefei Airport. During three days and two nights of detention, the victim was interrogated for a long time. The "610 Office" threatened it would not be good for the victim if she didn't "admit her crimes." The victim was in elementary school at the time and was frightened. She has not yet recovered from the trepidation she suffered in those days. She said she doesn't want to set foot again on Chinese soil for the rest of her life.
4	Du Shixiong, Yang Rongsheng and Lin Shanben	On February 5, 2000, these three victims entered Beijing through Hong Kong and Guangzhou, to share experiences with other Dafa practitioners. They were illegally detained for three days and four nights in Beijing and were verbally abused, threatened and physically tortured. They were forced to reveal the names of other practitioners they knew in Mainland China. They suffered physical and mental injuries.

* The "610 Office" is an agency specifically established to persecute Falun gong, with absolute powers over each level of administration in the Party and all other political and judiciary systems.