Japan: Lawsuit Against Jiang Appealed in Osaka High Court

On April 12th, 2005, five Falun Gong practitioners and the Falun Dafa Association in Japan officially filed a lawsuit with the Osaka Local Court against Jiang Zemin, former Chinese President, Li Lanqing, first vice premier of China's State Council, Luo Gan, Head of the 610 Office, and Xia Deren, Deputy Governor of Liaoning Province and the Chinese Embassy in Japan. The lawsuit charged Jiang Zemin, Li Lanqing, Luo Gan and Xia Deren with crimes of genocide, torture and crimes against humanity. The Chinese Embassy was charged with the crime of genocide and libel.

An Osaka local court rejected the lawsuit last October under the excuse of "State Immunity". Following that, lawyers for the practitioners filed an appeal in November to the Osaka High Court. On January 11th, 2006, the lawyer formally filed the appeal documents and held a press conference.

Lawyer for the practitioner plaintiffs	Representatives of Falun Gong practitioners in Japan

At the press conference, the lawyer explained the reasons for the appeal: that the defendants, Jiang Zemin and other Chinese Communist Party (CCP) officials committed genocide and torture.

The banning of genocide and torture is compelling law "jus cogens" in international law. The compelling law is the highest in international law. Any international law is considered invalid if it conflicts with jus cogens. In this case in Japan, the Chinese Embassy conducted various forms of libel against the plaintiffs, which is the means the CCP uses to eliminate Falun Gong overseas. The intention of the libel is to eliminate Falun Gong, which is different from libel designed to destroy an individual's reputation. Thus, because the libel of the Chinese Embassy violates international law jus cogens, the "State Immunity Act" does not apply. The Osaka local court did not consider the defendants' crime of genocide, but focused only on state immunity, so its ruling was not right.

Further, the lawyer pointed out that the Osaka local court violated legal precedent of Supreme Court by formally turning down the plaintiff's petition without sending the petition to the defendants and verifying if the defendants responded to the prosecution and conducted hearing.

Thus, the plaintiff's lawyer requested the Osaka High Court to overturn the ruling of the local court.

At the press conference, the lawyer pointed out that the brutality of the persecution of Falun Gong in China is worse than the Nazi's genocide of Jews in World War II. For the unprecedented persecution against practitioners following Truth, Compassion, Forbearance, lawyers protecting freedom and human rights cannot stand by without taking any action. He believed that the lawsuit will get a justice ruling.

Two practitioners gave speeches at the press conference. One practitioner representative of the Falun Dafa Association of Japan talked about the escalation of the CCP's persecution in China. He gave an example of the recent raping of women practitioners in Zhuozhou by a police officer. He pointed out that all such atrocities and the libel from the Chinese embassies were intended to contribute to the genocide of Falun Gong practitioners. He mentioned the evidence disclosed by defecting former CCP diplomat Chen Yonglin which pointed out that the priority task of the Chinese embassies is to wage genocide against Falun Gong. He called on righteous people in all circles in Japan to stand up and condemn the brutal persecution.

The other practitioner talked about his personal suffering in China to explain how the CCP persecuted a Japanese citizen for his practice of Falun Gong. He was beaten brutally for explaining the facts in China. After his return to Japan, the Chinese Embassy slandered him on its website. He hoped that Japanese law could protect him against defamation by the CCP.

The chief culprit, Jiang Zemin, has been sued in 16 countries around the world. Chinese embassies and officials have been sued in 9 countries for personal attacks, damaging property, harassment, and libel. The "610 Office" and its head have been sued in 23 countries. CCP officials involved in the persecution of Falun Gong have been sued in 19 countries. Four international organisations have accused Jiang Zemin, Luo Gan, Zeng Qinghong, Li Fengqing, the "610 Office" and all CCP officials involved in the persecution.