UK: Falun Gong Practitioners Take Legal Action Against Bo Xilai

After a lawsuit filed by American Falun Gong practitioners against Bo Xilai for Genocide, Torture and Crimes Against Humanity, UK Falun Gong practitioners also entrusted an attorney recently to file a lawsuit against Bo Xilai for the crimes of Torture against fellow Falun Gong practitioners in China. The Metropolitan Police at New Scotland Yard accepted the formal allegation made against Bo Xilai for serious crimes and a request for his arrest upon arrival in the UK by issuing a Crime Number.

Bo Xilai at present is visiting Europe with the delegation led by Chinese Premier Wen Jiabo. The delegation will arrive at UK on 9th May. During the Chinese delegation’s visiting, UK Falun Gong will appeal for an end to the persecution of Falun Gong and condemn Jiang Zemin’s cohorts, like Bo Xilai, who are responsible for the persecution of Falun Gong.

Bo Xilai enthusiastically follows Jiang Zemin to persecute Falun Gong. During his term as Mayor of Dalian City (from 1993 to 2001), Dalian City was one of the cities nationwide where the persecution of Falun Gong was the most severe. At least 15 Falun Gong practitioners had been verified to be persecuted to death. During his term as governor of Liaoning Province (from January 2001 to February 2004), Liaoning Province became one of the provinces where the persecution of Falun Gong was the most severe. Up to the 1st December 2003, it was verified that at least 90 Falun Gong practitioners had been persecuted to death, ranking fourth in the country. The persecution means are extremely brutal in many labour camps of Liaoning province, such as in Ma Shanjia Labour Camp, Da Bei Jail, Dalian Re-education Centre and so on.

The request for the arrest of Bo Xilai was turned down after consideration by Scotland Yard on the basis that Bo Xilai enjoys diplomatic immunity. Of course, Falun Gong practitioners will appeal against this decision. The reaction of Scotland Yard is almost certainly a reflection of enormous diplomatic and political pressure placed on the UK Government. The use of diplomatic, economic and political pressure by the Jiang regime has been characteristic of the overseas persecution of Falun Gong.

It is intuitively obvious that people should not be able to escape accountability for large-scale acts against humanity on the basis of diplomatic immunity. To challenge the claims of diplomatic immunity and to see a Chinese Minister arrested in the UK would be indeed be a mile-stone in legal history. However, it would nonetheless be following the current trend in the development of international law and the examples of other cases around the world where various forms of immunity have been overturned in consideration of the nature of the crimes committed. In the UK, when dealing with the renowned case of Pinochet, the Law Lords had to establish a precedent with regard to his claims of immunity. In stating why Pinochet could not be granted immunity from his crimes carried out in office, Lord Hutton outlined a general principle which would seem is just as applicable in the case of diplomatic immunity, “The alleged acts of torture by Senator Pinochet were carried out under colour of his position as head of sate, but they cannot be regarded as functions of a head of state under International Law when International Law expressly prohibits torture as a measure which state can employ in any circumstance whatsoever and has made an international crime.”

But regardless of its immediate outcome, the significance of filing this legal complaint should not be overlooked. In filing the case and the subsequent appeal, it can only be that the relevant UK authorities and legal structures become more familiar with the nature of the persecution of Falun Gong. The case can only serve to raise the profile of the persecution of Falun Gong and it's perpetrators amongst the legal community. It can only be that as they examine the facts, that they become clearer about how the power structure within China was abused to allow a few individuals to impose their vile will upon the nation of China, and to cause unimaginable suffering to countless people. As they become more familiar, and become better acquainted with the current change in climate in China, it can only be that they become ever more willing to find the courage to embrace legal action against the perpetrators of the persecution. And it can only be that in pushing forward the case and subsequent appeal, that the issue of diplomatic immunity is re-examined and put in its rightful place. In other words, all of this process, regardless of the outcome, serves to lay the foundation for future legal actions against those who persecute Falun Gong. The net of justice is closing.