Jiang Zemin Fails to Respond to Genocide Lawsuit

Chinese Foreign Ministry denies existence of lawsuit, but back-pedals when pressed by reporters

According to the legal summons served during former Chinese Communist Party leader Jiang Zemin's visit to Chicago in October, last Wednesday was the final day for Jiang to respond to the Genocide Lawsuit brought against him and the Gestapo-like office he established in June of 1999 [called the "6/10 office" or "610 office"]to carry out the persecution of practitioners of the Falun Gong spiritual movement throughout China.

A spokesperson for the Chinese Foreign Ministry initially denied the existence of the lawsuit, but back-pedalled when pressed by reporters.

Individual plaintiffs sued Jiang Zemin and Office 6/10 for, among other things, genocide, torture, and freedom of conscience and religion, in the United States District Court of the Northern District of Illinois, Eastern Division.

The lawsuit was filed on October 18, and service was completed on October 22 during defendant Jiang's stay in Chicago.

The summons gave defendant Jiang 30 days to respond, which he failed to do. Sources close to the lawsuit indicate that attorneys for the plaintiffs are continuing efforts to summon a response from the defendants.

"$50 Million to $1.7 Billion" in Damages

"Given the extraordinary and gross human rights abuses perpetrated by both defendants in this case and the extent of the injuries their conduct produced," commented Ms. Marsh, "we anticipate a damage anywhere between $50 million to $1.7 billion based on those awarded by juries for similar types of gross human rights abuses and violations."

Frederick S. Rhine, another attorney for the plaintiffs, stated, "Based on the allegations of systematic torture and murder, the damages requested are more than reasonable. Citizens of our country need to know that Jiang - the man who continues to rule China with an iron fist, even after stepping down as Communist Party leader - has directed and approved barbaric and inhuman conduct on a massive scale."

Process Servers Deliver as China's Foreign Ministry Fumbles

On October 21, lawyers for the plaintiffs obtained a court order allowing them to serve any of the security agents helping to guard or escort defendant Jiang during his stay in Chicago on October 22. Among those served on October 22 pursuant to the court order were Chicago Police Department Commander Joseph Griffin, Chicago Police Officer Audrey Rogers, and three security agents detailed to guard defendant Jiang during his Chicago visit.

According to process servers and eyewitnesses, all persons were provided with two copies of the complaint, summonses, and court order for service upon defendants Jiang Zemin and the Office 6/10. All those served were instructed to deliver a copy of the same to defendant Jiang on behalf of himself and the Office 6/10.

"The Court of Appeals for the Second Circuit and the District Court for the Southern District of New York have upheld the very same mode of substitute service for the very same reasons," explained Ms. Marsh. "In Kadic v. Karadzic, 70 F.3d 232 (2d Cir. 1995), the Second Circuit found that Radovan Karadzic, the Bosnian Serb leader held responsible for similar human rights violations, was properly served by delivery of a copy of the complaint and summons upon a member of State Department security detail."

The process servers filed affidavits of service on November 1, 2002. Copies of the complaint, the Order for Substitute Service signed by Federal Judge Hibbler, and the affidavits of service may be obtained from the United States District Court of the Northern District of Illinois (312-435-5691, case No. 02 C 7530).

According to an October 24 report from AP, however, a spokesman for the Chinese Foreign Ministry denied the existence of the lawsuit, claiming Falun Gong was lying. When confronted by reporters as to the exact nature of his denial, however, the spokesman backpedaled, saying the reporter's "understanding is right" when the reporter gave a detailed account of the lawsuit being filed and served in Chicago.