Speech at International Conference on 'Genocide in the New Era': "Justice against the Crime of Genocide"

The International Conference on “Genocide in the New Era”, organised by “Friends of Falun Gong Europe” and “International Advocates for Justice”, took place in Sweden’s capital, Stockholm from January 26th to January 28th 2004. This is one of the conference speeches by New York Bar attorney Theresa Chu entitled "Justice against the Crime of Genocide", which was given on the morning of Tuesday January 27th.

Preface

Taiwan is a free and open country that has a population of more than 23 million, where its people practise myriad of beliefs. Taiwan has an independent legal system and constitution. Its people monitor the government through the rule of law. Like citizens in most developed nations, the human rights of the citizens of Taiwan are protected by the constitution. The Falun Gong practitioners in Taiwan enjoy the freedom of belief and the freedom to practise the exercises. Nevertheless, since Jiang Zemin, the former leader of China and the current chairman of the Chinese Communist Military Committee, announced in public in July of 1999 that he would handle Falun Gong by "striking harshly, punishing for control, accusing and denouncing," in the recent 5 years, he mobilised the system involving the nation's party, politics, military, police, special agents, and even the system of rule of law to forcibly discredit the pure and upright Falun Gong. To eliminate the Falun Gong group which believes in "Truthfulness, Compassion, and Forbearance," Jiang exhausted huge amount of the nation's resources and established the state-run "Leading Office Handling the Issue of Falun Gong," which is also known as "610 Office." He appointed Li Lanqing (then Vice Premier of the State Council) and Luo Gan (then member of the Standing Committee of the Political Bureau of the Communist Party of China Central Committee) as the main persons in charge of the "610 Office," to conspire, direct, organise and execute with him the extermination of Falun Gong. They murder, torture, brainwash, and even have the media controlled by Jiang frame, fabricate, defame, smear and instigate the public's hatred against Falun Gong. In the recent 5 years, what they have done caused the deaths, injuries and homelessness of close to a million Falun Gong practitioners in Mainland China. However, the international community has not really understood the global impact of Jiang's attempt at eliminating Falun Gong. Falun Gong is spread widely to more than 60 countries. The Falun Gong practitioners in each area, even though many enjoy the legal protection of the democratic countries, but because of the enforcement of Jiang's genocidal persecution, many of them have suffered various degrees of threats and injuries to their freedom and rights.

Due to space limitation, I will only use Taiwan practitioners' experiences as an example to explain a link in Jiang's initiation of a global persecution in the 21st century. I hope to urge, through this, that all the state signatories of the Convention on the Prevention and Punishment of the Crime of Genocide (hereinafter referred to as the "Convention"), the International Criminal Court etc--those organisations and individuals who have as their objective to promote peace for humankind and to ensure international human rights--to reflect and consider a step further any and all provisions regarding "Genocide" in the Convention and the Rome Statute (hereinafter referred to as the "Statute"). I also wish to urge the international community to face squarely the severity of Jiang's genocidal persecution of Falun Gong and to bring Jiang to justice internationally, so as to end as soon as possible this largest human rights farce of the Chinese community in this early 21st century.

The Citizens of Taiwan Uses the Taiwanese Genocide Penal Code for the First Time to Sue Jiang Zemin, Li Lanqing and Luo Gan

Since 1999, when Jiang Zemin began his persecution of the Falun Gong group, Falun Gong practitioners in Taiwan who held legal visas to visit family and friends and travel for business to Mainland China have been persecuted, one after the other, by Jiang's mobilisation of a nation's machinery, through illegal detention, physical injuries, and violence when attempting to obtain documents from them, etc. Some of the practitioners were detained for up to 28 days and questioned for up to 18 hours every day during detention. This was done in an attempt to force a practitioner to reveal in a list all the Chinese practitioners such he or she knew and to gather all the circumstances of Falun Gong activities worldwide that such practitioner had attended since he or she started practising Falun Gong. If the practitioner did not want to betray another practitioner, then the practitioner would be continuously cursed at, menaced, threatened, tortured, physically punished, and sleep deprived. Some practitioners suffered the severely cruel brainwashing for transformation. These practitioners were being forced to give up one's belief, to repent for self-vindication, and threatened with criminal judgements. These were done to force a practitioner to confess all activities of the Taiwan Falun Gong group. The public security officer even stated expressly that he knew precisely such practitioner's work and life in Taiwan and intimidated the practitioner that if the practitioner "exposed anything unfavourable" when he returned to Taiwan, then the public security officer would have ways to let the practitioner not be able to survive in Taiwan. The officer requested the practitioner to be a spy within Falun Gong when he returned to Taiwan and to provide information to the Chinese communists. These victims included a then 12 year-old girl. The girl accompanied her mother back to Mainland China to visit their relatives for a celebration of Chinese New Year together. Upon their arrival, public security officers arrested them. The girl was forcibly isolated by the public security for questioning. After witnessing all kinds of threats and tortures by the public security officers towards her mother, she suffered severe mental injury. The mother, after being threatened by the "610 Office," out of her concern for her daughter's safety, forcibly confessed to her crimes and received a decision, all without any hearing process. After both returned to Taiwan, the mother was in despair. The daughter until today cannot face the facts of this persecution and has not fully recovered. Moreover, today there are at least 4 Falun Gong practitioners from Taiwan who are still being illegally detained in China. We are still making all efforts to locate and rescue them. Among the Taiwan practitioners mentioned above who have been released, seven of them decided to step out, for the purpose of exposing Jiang's atrocities, and on November 17, 2003, filed a criminal complaint with the Taiwanese Superior Court, charging Jiang, Li and Luo with the violations of the Taiwanese Genocide Penal Code.

On July 20, 1949, Taiwan signed the Convention, and on May 22, 1953, announced the Taiwanese Genocide Penal Code (hereinafter referred to as the "Code"), which basically contains the same provisions as the Convention. Taiwan enacted legislation to incorporate the provisions into its national law. According to Article II of the Code: "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) Abducting and removing children from the group; (6) Conspiring to bring about the destruction of the group. For attempts to commit any of the above acts, the preparation and conspiracy to commit an infraction of Section (1) above shall be punishable by a sentence between one and seven years of jail term. Article V of the Code provides that persons committing genocide shall be subject to the Code, regardless of the person's status."

According to the Code, due to the implementation of Jiang Zemin's regime of its intention to exterminate Falun Gong, causing the mentioned Falun Gong practitioners who travelled to Mainland China to suffer serious bodily or mental harm, Jiang and "610 Office's" Li Langqing and Luo Gan have violated Article II (2) and (6) of the Code. Also, under Article VI of the Code: "Those who violates this Code shall be subject to the jurisdiction of the Superior Court or its branch." Thus, the 7 practitioners as plaintiffs appearing pro se without prosecutor brought this criminal case to the Taiwanese Superior Court. This was the first time the Code, after being legislated for half a century, was being used by the citizens of Taiwan. Before this, there are no decisions or cases utilising the Code. This was also the first time a Taiwanese court will have to review a case against a former Chinese leader by the Taiwanese citizens under the national legislation, which incorporates the international human rights convention. This is unprecedented. Under the Taiwan Criminal Law, Criminal Procedural Law and the Supreme Court's decision on jurisdiction, the legal field of Taiwan commonly believes that the Taiwanese court has the jurisdiction over this case. This case is currently under review by the Taiwanese Superior Court.

The Global Impact of the Genocidal Persecution of Falun Gong by Jiang Zemin's Regime

Not only targeting the Falun Gong practitioners in Mainland China and those travelling to China, to persecute them physically and mentally, forcing them to give up their belief, threatening and coercing the kind-hearted and peaceful practitioners to betray fellow practitioners, to act as spies, for the purpose of carrying out thoroughly his personal vendetta to eliminate Falun Gong, Jiang Zemin's regime simultaneously used the modern media as tools to create rumours, to defame the founder of Falun Gong and the members of the Falun Gong group, for the intention to arouse the misunderstanding and hatred towards the group of Falun Gong overseas. The regime even used the political force to interfere and damage the legal activities of Falun Gong practitioners overseas. Moreover, the regime would harass and injure the individual freedom and property rights of Falun Gong practitioners. Using Taiwan as an example in the following:

The genocidal persecution policy of Jiang's regime extends to Hong Kong, Iceland and Mazu--presenting the part of injuries suffered by Taiwan Falun Gong practitioners

1. In Hong Kong:

The criminal acts to eliminate Falun Gong by the three individuals Jiang, Li and Luo extended to Hong Kong where they had political and legislative influence. Falun Gong is a cultivation group that is legal in Hong Kong and all its activities in Hong Kong are permitted according to law. However, through the Chinese Communist Central People's Government Liaison Office in Hong Kong (Central Liaison Office), chairperson Jiang Eng-zhu and State Council Religious Affairs Bureau chief announced their speech in Hong Kong, requesting the government of Hong Kong to cooperate with the Mainland, to handle the "issue of Falun Gong." In addition, Hong Kong's Chief Executive Tung Chee-hwa went so far as promising, in early 2001, to cooperate with Beijing's policy, openly violating "One Country Two Systems" in the regulation in Article V of Hong Kong Basic Law that "The socialist system and policies shall not be practised in the Hong Kong Special Administrative Region, and the previous capitalist system and way of life shall remain unchanged for 50 years," and threatened the human rights of Falun Gong practitioners in Hong Kong. At the 5th year anniversary of the changeover during the end of June, 2002, when Jiang Zemin was visiting Hong Kong, Chinese communist went so far as providing the Hong Kong government with a "black list," and included all the Falun Gong practitioners it knew in such "black list." The practitioners on such a list had no criminal records in any country and were all innocent good people. They were not allowed to enter Hong Kong to participate in the legally permitted activities while Jiang was visiting, even though they had with them legal Hong Kong visa. The Hong Kong Immigration Department, because of its enforcement of such unreasonable request, caused Hong Kong police to forcibly repatriate "without the need to provide a reason" the Taiwan citizens who had the same names as, but were not, Falun Gong practitioners. On February 20, 2003, about 80 Taiwan practitioners again held legal visas to enter Hong Kong, intending to participate in the legally permitted local cultivation experience sharing conference, but were forcibly detained at the customs. During the process, 9 practitioners were violently treated by the police. Five female practitioners were forcibly wrapped in riot rugs by the Hong Kong police, causing bruises and muscle injuries to many places at the neck and arm. There were also 2 children who had been repatriated from the Hong Kong customs for the same "security reason." Vice-President of Taiwan and the Convener of the Human Rights Advisor Group of Taiwan President's Office, Annette Lu, held a press conference for this incident at the President's Office, severely protesting against the Hong Kong government. Afterwards, at the beginning of April 2003, four of those practitioners who were forcibly repatriated, along with the spokesperson for Hong Kong Falun Gong Society, applied for a judicial review at the Hong Kong court regarding the illegality with respect to the decision on the forced repatriation and the police's improper violence in such process. This case was the first in terms of Taiwan citizens suing overseas against the Hong Kong government for violating human rights. On April 29, 2003, Hong Kong court, after reviewing the documents and evidence related to the plaintiffs, granted the application by the Taiwan practitioners for judicial review and will select a date for a court hearing.

2.In Iceland:

On June 11, 2002, when Jiang Zemin was visiting Iceland, the Chinese communist provided the Iceland government with a "black list," resulting in 153 Falun Gong practitioners to be refused boarding by the Iceland Air for a flight to Iceland. There were more than 75 practitioners who were being detained at the Reykjavik Airport. These practitioners came from more than 10 countries worldwide, preparing to enter Iceland to protest against Jiang's persecution of Falun Gong. There were 45 practitioners from Taiwan who were being refused entry at the time. They were detained illegally in the basement of Reykjavik Airport for more than 13 hours. After being informed, Taiwan Ministry of Foreign Affairs expressed its concern. With the rescue by the practitioners in Iceland and the renowned human rights attorney, Ragnar Adalsteinsson, the detained practitioners were finally able to enter Iceland. After the exposure of the incident, the people of Iceland immediately decided to publish the Chinese characters of "Sorry" in oversized font to apologise to Falun Gong practitioners the mistake of the Iceland Ministry of Justice for cooperating with Jiang. On June 5, 2003, the Icelandic Data Protection Authority adjudicated that it was illegal for the Ministry of Justice to provide the data relating to Falun Gong practitioners to Iceland Air and the Iceland embassies in US, Norway, Denmark, UK and France for the purpose of preventing Falun Gong practitioners to enter Iceland.

3. In Taiwan Mazu:

Mazu is one of main offshore islands of Taiwan. The transaction by the fishermen on the island with the fishermen from China is an important economic source for Mazu islanders. At the end of 2001, there were about roughly 40 individuals who practise Falun Gong in North Gan and South Gan. Jiang and his cohorts, through their enforcement of their intention to eliminate Falun Gong, use the tactics of "link /joint and several liability" and "blockade on economic activities" to persecute the Falun Gong practitioners in Mazu and all the citizens at Mazu who were suspected to be connected with Falun Gong. Because of practising Falun Gong, Mazu citizen Chr Yingchen and his teaching of exercises for free at South Gan, all the relatives on the island with the family name Chr were all linked and included in a "black list" and were not allowed to enter Mainland China. The wife of a local Ju-Guang Village Chief travelled from Hong Kong to Fuzhou in March of 2002. Her application for a ground visa was rejected and was even detained by the border police of the Chinese communist. It was known, after checking with various sources afterwards, that the cause occurred during February of the same year, while an entourage of Chinese communist officials was visiting Ju-Guang Village, they discovered the Don- Ju dock displayed a fabric banner mentioning Falun Gong. The Chinese communist misunderstood that the Village Chief was in support of Falun Gong. Thus, they included the Chief's family members in the "black list." Besides, the even more ridiculous thing was that, one captain of a Mazu fishermen boat was prohibited to transact at the coasts of Mainland China. The border police of the Chinese communist expressed to him that he was not allowed to enter because he practised Falun Gong. The captain immediately responded that he never practised Falun Gong. The border police showed a photo of the captain flipping through the pages of the Zhuan Falun book in front of a temple on the island. The captain was very surprised then, explaining that he was asked by his friend to help purchasing Zhuan Falun. At that time, due to his curiosity, he browsed through the book and never thought that his photo would be taken without his knowledge and became an excuse for Chinese communist to block and reject economic activities. After the exposure by the media of the incidents mentioned, the residents of Mazu lived in peril, terrified for the sole reason that by practising Falun Gong or being in contact with Chr Yingchen would cause the persecution by the machinery mobilised by Jiang, leaving them with no way to make a living. Thus, everyone kept quiet out of fear, not daring to freely talk about Falun Gong, knowing full well that Chr Yingchen was a good person but could not openly associate with him. The implementation of Jiang and his cohorts of the extermination of Falun Gong went so far as threatening the livelihood and the exercise of the freedom of belief by the pure and kind-hearted people of Mazu.

From the facts described above, not only did Jiang persecute the practitioners from Taiwan and other areas who visited China, his evil acts went so far as extending to other countries. Some countries cooperate with him for economic, political and other reasons, causing injuries to rights of Falun Gong practitioners from many countries, including Taiwan. Chinese communist, by implementing Jiang's policy to exterminate Falun Gong, used Mazu residents' livelihood as a threat and intended to monitor and control the life of Taiwanese Falun Gong practitioners and the activities of the group of Falun Gong in Taiwan and overseas. The intention it harboured was frightening to some.

The Reflection on the "Genocide" Provisions in the Convention and the Code

At present, the most important sources of law for "Genocide" are the provisions in the Convention and the Statute, and the content of the provisions in both are the same. Since the enactment of the Convention, there have been wide discussions on the definition of "Genocide" and the determination of the groups to be protected. Provisions of "Genocide" in the Convention mainly focus on "physical genocide," especially the large-scale massacre-type of extermination. However, with this definition of genocide, the groups to be protected are limited. In other words, regardless of how the actor caused the injury or death when committing the punishable act, if the actor does not commit the acts "with intent to destroy, in whole or in part, a national, ethnical, racial or religious group," then the act does not constitute genocide. That is, the actor must act "with intent" in whole or in part to destroy the "national," "ethnical," "racial," or "religious" group that is protected by the Convention, before the act can be a crime. An issue that aroused the wide discussion among the international scholars is, whether exterminating a "religion" is the same as exterminating a "religious group." Looking back into the background in 1948, when the Convention was enacted, to include "religious group" in the groups protected from "Genocide," in fact had the consideration of "Religious Genocide" from history. There are descriptions of cases from United Nations, regarding the intent to exterminate a "religion" itself, and to massacre the leaders and members of the group of such "religious group." However, there are scholars who pointed out that there are cases of the intent to destroy the "religion" and "culture," but not physically destroying the members of such group, and believed that the definition in the Convention was apparently not adequate. Living in a world today where the 21st century modern mass media tools are extremely developed, if the provisions of the Convention are still self-limited to "Physical Genocide" as an element of the crime, then they apparently neglected the criminal acts with the intent of "Religious genocide" or "Culture genocide," which severe damage to the citizens of the global village and its influence are not any less than the large-scale "Physical Genocide." The impact might even be deeper and larger, because what one is aiming to destroy completely through the implementation of "Religious Genocide" or "Cultural Genocide" type of criminal acts is very possibly the fundamental moral values and the pursuit for the truth. The severity of this kind of anti-human should not be and could not be overlooked by the international community. This type of crime should be punished by the system of the international human rights.

In the enforcement of the Convention, what does it mean to be a "religion" and "religious group"? The UN Human Rights Committee had explained that: "'religion' should not be limited to traditional religions or to religions and beliefs with institutional characteristics analogous to those of traditional religions." It was also stated at the International Criminal Tribunal for Rwanda "'religious group' includes denomination or mode of worship or a group sharing common belief." The group of Falun Gong is a Buddha Law cultivation group that is loosely managed, teaching individuals to cultivate the universal characteristics of "Truthfulness, Compassion and Forbearance," not a traditional religion and also does not consists of organisational formality similar to a traditional religion. However, the members of the Falun Gong group believe commonly in "Truthfulness, Compassion and Forbearance." From the human rights angle, the international community and human rights organisation have mostly considered Falun Gong group as a "Religious Group" or "Spiritual Group" that is protected by law. US government and international human rights groups, like Amnesty International or Human Rights Watch etc., in their investigative reports on the persecution of Falun Gong, have commonly considered practitioners of Falun Gong to have been deprived of their freedom of person, religion and belief and speech, assembly, association etc. According to the above-mentioned Convention, Statute and Code, there is no doubt that Falun Gong is included in the protected "Religious Group."

The atrocities committed by Jiang Zemin against Mainland China Falun Gong group within China, including torture and the deprivation of life, apparently violated the ratification on April 18, 1983 by the Chinese communist under the name of "People's Republic of China," which Convention was passed by the United Nations in 1948. However, his violence is certainly not limited to destroying only the members of Falun Gong group in Mainland China. The fundamental purpose of Jiang and the Chinese communist's conspiracy is to exterminate Falun Gong's belief of "Truthfulness, Compassion, and Forbearance." In Mainland China, it coerced up to hundred million practitioners with destroying the practitioners' lives. If the practitioner does not give up the practice, not give up the belief in "Truthfulness, Compassion, and Forbearance," regardless of gender and age, the practitioner will be destroyed physically. Jiang does not hesitate to "exterminate physically" as the cost to reach his goal of completely eliminating the pursuit of "Truthfulness, Compassion, and Forbearance" by the humankind. Outside of Mainland China, Jiang mobilised the mechanism of national media to fabricate, smear, and defame, intending to instigate overseas society to misunderstand and hate Falun Gong cultivation group who is peaceful, kind-hearted and has no political motivation, and to use economic benefits and political potential as baits, intending to influence the governments of other nations to be silent about his atrocities. Some governments even went so far as to assist the evildoer, unreasonably interfering or limiting there from the local activities of the practitioners. Under the overseas political force of Jiang, the conspired control of the Chinese embassy, Falun Gong practitioners have suffered grave injuries. Falun Gong practitioners in Hong Kong, Germany, Thailand and Indonesia suffered different degrees of interference, threats and injuries for their belief in "Truthfulness, Compassion, and Forbearance." In other words, regardless of where a Falun Gong practitioner is, if the practitioner did not give up the belief in Falun Gong, the practitioner would be a persecution target in any area where the Chinese communist and Jiang's political power could reach. Although the global operation of Jiang's such persecution against Falun Gong could not physically exterminate every Falun Gong practitioner worldwide, Jiang used his authority of office to control the party, politics, military, police, special agents, media and his political power to injure the rights of Falun Gong practitioners, intending to eliminate the pursuit of the kind and peaceful belief. His complete denial of the humankind to pursue the truth and to protect the fundamental moral values is totally anti-humankind, is something that any citizen of conscience in the global village should not and cannot accept.

The many cases of the persecution of Falun Gong in the almost 5 years, depriving up to hundreds of millions of individuals' freedom and rights, the human rights scoundrel called by Amnesty International is still at large, continuing his persecution of Falun Gong. After knowing the facts of the intended genocide and the persecution of Falun Gong, the international human rights activists should not sit idle and not act, because "when the evil is the head, the only thing it needs is the indifference of good people." Regarding the definition of "Genocide" in the Convention and the Statute, it is necessary to reflect and consider more in depth.

A Trial of Justice

Regardless if one is in Mainland China, Taiwan or at any corner of the world, a real Falun Gong practitioner that pursues the truth is always a kind-hearted and peaceful cultivator. Because a practitioner has nothing to hide, does not give up one's belief or truthfully exposes the facts regarding the persecution of Falun Gong, he or she has to first face the possibility of losing one's life and the cruel and inhumane persecution in Mainland China. Even those practitioners who do not travel to Mainland China, at a free country governed by the rule of law, still encounters the smearing, defaming, and even the harassment, monitor/control, and damage, plus all kinds of threats by the Chinese communist. We must painfully say, if Jiang's human rights atrocities continue, this will not only be a human rights farce of China, but will also be a shame in the history of international human rights.

We wish the government of each nation not to appease Jiang's persecution of Falun Gong for economic or political reasons, or, to allow Jiang Zemin's overseas forces to harass or threaten Falun Gong practitioners on a free land, because such appeasement and submission is unjust, is assisting the evil to punish the kind.

I am a survivor of the 911 Terror, escaping from the World Trade Centre building, personally experienced a wild terrorist, using thousands of lives as a price to enforce the terrorism of dictatorship. Over these years, I have witnessed the families of victims having difficult times clearing away the painful memories. Jiang Zemin, to satisfy his personal political desire, to fulfil his personal dictatorial will, forces up to hundred million people to give up their beliefs, and his atrocities to demand people to must pay with their lives, bodies and freedom, should be also despised as much by the people.

The annual report from the international human rights organisation verifies that Chinese law has already become a tool in Jiang's hands to persecute the Falun Gong group. The practitioners of Falun Gong at present cannot obtain any fair trial under Chinese law. However, we will not give up any peaceful efforts. At this time, Falun Gong practitioners worldwide, through the assistance of human rights attorneys from various places, in US, Germany, Spain, Belgium, Taiwan and Korea, sue Jiang Zemin and his cohorts for genocide, crimes against humanity, torture, etc.

The French writer, Romain Rolland, in the preface of Jean Christophe, said, "all those men and women who suffered hardships in all countries will eventually obtain victory." We believe as we gain the support of more and more people with upright conscience, this cruel and inhumane human rights persecution will eventually be stopped and Jiang will certainly be put on stage of the court of international human rights. History definitely will give the atrocities committed against humankind a trial of justice!

*About the Author: Ms. Theresa Chu, a member of the New York Bar, is Taiwan's spokesperson for the Attorney Group for Bring Jiang to Justice and Taiwan's representative of Global Coalition Against Article 23 Legislation. She has been invited to be a member in a task force for Taiwan's Admission to International Criminal Court. Ms. Chu received her LL.M degree from each of University of Pennsylvania in the US and the Graduate School of Law of Soochow University in Taiwan. She has worked as a Legal Specialist in the Treaties and Legal Affairs Department of the Ministry of Foreign Affairs in Taiwan. Ms. Chu is now working with other attorneys on Taiwan's first ever genocide lawsuit--the case against Jiang Zemin, Li Lanqing and Luo Gan--the heads of "610 Office."