Canadian Citizen Initiates Legal Procedures for Lawsuit against Jiang Zemin and His Associates

On the morning of March 12, Friday, Canadian attorneys Mr. David Matas and Lawrence Greenspon represented their client, Canadian citizen and Professor of Art, Zhang Kunlun to formally file a criminal lawsuit against Jiang Zemin and those who participated in the persecution of Falun Gong to the Canadian Justice Minister, Mr. Irwin Cotler. In the press conference that afternoon, Mr. Zhang and his attorneys publicized the attorneys' letter to the Justice Minister.

From left: Canadian attorney Mr. David Matas, Professor Zhang Kunlun, and attorney Mr. Lawrence Greenspon.

Canadian Criminal Code Allows Lawsuit against Torturers abroad

A 63-year-old Ottawa resident, Professor Zhang Kunlun had been arrested four times during his family visit in China simply because of his practice of Falun Gong. During his imprisonment, Professor Zhang endured various physical tortures, including beating, electric shock (jail guards used several electric batons on him simultaneously) and other physical punishments. He also was subjected to different types of mental torture such as brainwashing, having his family harassed and financial extortion. According to related Canadian codes on torture and terrorism, Professor Zhang directed his attorneys to file a lawsuit against Jiang Zemin and 22 other people who ordered or implemented the persecution.

Attorney Mr. Matas said that Professor Zhang's story was very convincing. Because Professor Zhang is a Canadian citizen and he was a citizen during his torture in China, the Canadian Criminal Code can be applied to file a lawsuit against persecutors, even though the persecution did not occur in Canada and the persecutor is not in Canada.

No Hope in China to File a Lawsuit against Torturers

Professor Zhang said, "On the evening of June 30, 2000, police from Keyuan Road police sub-station took me away and ransacked my house for my telling others the news that Falun Gong Broadcasting Station would formally start broadcasting on July 1. Police beat me to ground once I entered the police sub-station. The Director, Zhang Huisheng, and another policeman shocked me with electric batons. Zhang Huisheng said viciously, 'General Secretary Jiang Zemin said it wouldn't matter however harsh we treat Falun Gong practitioners. If we beat you death, we would take you out, bury you, and tell other people that you committed suicide.'" Professor Zhang said, "For Falun Gong practitioners, China is like a big jail and there is nowhere to go for justice."

In their letter to the Justice Minister, attorneys Mr. Matas and Mr. Greenspon pointed out that the persecution of Falun Gong had become government policy in China. There is nowhere in China to file a lawsuit against those persecutors torturing the practitioners. Regarding the issue of Falun Gong, the courts have no independence from the Chinese Government and government policy.

Mr. Greenspon said that they hope the Justice Minister would grant their prosecution of 22 torturers in 45 charges. The attorney said that the 22 torturers had been identified from those conducting the torture (police in labor camp, person in charge of brainwashing session), officials of the"610 Office"[a Chinese government organization set up to persecute Falun Gong] of Jinan, Shandong Province to Jiang Zemin who initiated the order. Among the 45 charged, 8 are against the primary culprit, Jiang Zemin.

Mr. Matas explained that the four different arrests of Professor Zhang were from different orders from top to low level officials.

Mr. Matas said that generally each of the persecutors would be held responsible. All who planned, involved and conducted the crimes-- none can escape. Jiang Zemin is on the top of the "Pyramid" and Professor Zhang was the victim of the torture.

Regarding how to apply the Canadian criminal code to punish criminals abroad, Mr. Matas said that legal procedures were initiated, even though they could not bring the criminals to court. Once found guilty, the persecutors can be punished in three ways: 1) warning: if these people enter Canada, they will be arrested and the trial will begin; 2) frightening; 3) extradition: if an arrest warrant is issued, the persecutors can be extradited. There is no extradition agreement between Canada and China, but Canadian courts can request a special extradition. Interpol can also be asked to arrest the criminals.

Jiang Zemin Doesn't Have Immunity

Mr. Matas said that Jiang Zemin did not have immunity as he was not China's president anymore. People have already realized that those violating international law cannot be entitled to immunity forever. Mr. Matas said that it would have an impact in China and Falun Gong practitioners being tortured in China if the Justice Minster granted the attorneys' request for the prosecution. Mr. Matas hoped that those conducting torture on Falun Gong practitioners would think it twice if they realized that they would be possibly sued.