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The complaint alleges that Jiang Zemin ordered Falun Gong to be "eradicated" in 1999, and has been the central figure in directing and overseeing a genocide -- as defined by the United Nations Genocide Convention (website) -- against the traditional Chinese faith.
The complaint also alleges that Luo Gan has been promoting and enforcing the genocide as the vice-director of the "6-10 Office" (about); an agency established by Jiang and granted extra-constitutional powers to "eradicate" Falun Gong through organized brainwashing sessions, torture and murder.
According to the plaintiff's attorney, Mr. Carlos Iglesias, a judge has been assigned to the complaint, although there is no timeline for a decision as to whether the case will be accepted by the Court.
Unlike many recent lawsuits filed by Falun Gong practitioners in Europe, the statutes invoked by the Spanish complaint against Jiang and Luo are national laws rather than United Nations Conventions. The complaint is based on Spain's Organic Law, which grants Spanish courts universal jurisdiction to process complaints for severe crimes such as genocide, even though the alleged crimes were not committed in Spain.
The Spanish lawsuit against Jiang and Luo is the 16th international lawsuit in 13 countries to emerge in the past two years against high-ranking Chinese officials or government bodies for their roles in persecuting Falun Gong.
It is the 3rd international lawsuit to target Jiang Zemin and the 8th lawsuit to target Luo Gan and/or the "6-10 Office" he oversees. (news)
Two of these lawsuits filed in the United States have already seen judgments in favor of Falun Gong, while several others have been dismissed reportedly due to severe diplomatic pressure from the Chinese regime.
Spain's High Court where the lawsuit against Jiang and Luo was filed gained acclaim in 1998 by accepting a similar lawsuit filed against former Chilean dictator Augosto Pinochet, for which the court then evoked the European Convention on Extradition in an attempt to have Pinochet extradited from the UK to Spain to stand trial.
About the correlation between the suit against Jiang and Luo, and the suit against Pinochet, Mr. Iglesias said, "We are using many of the same arguments that were used against Pinochet, and since such a case could never be brought before a court in China, the universal jurisdication of our Law and the legal precedent in Spain indicates this court has every reason to accept and try this case."
An attempt to file a lawsuit against Jiang Zemin in China was made in August 2000 by Mr. Wang Jie from Beijing and Mr. Chu O-ming from Hong Kong. The men, however, were detained by Chinese authorities and there was no response to the lawsuit from the Chinese regime. Mr. Chu was later given a five year prison sentence, while Mr. Wang -- according to an Aug. 24, 2003 Associated Press report -- was released on medical parole due to severe injuries he suffered while in detention.
"The United Nations Conventions are clear on this issue," adds Mr. Iglesias. "If justice cannot be served in the countries where alleged crimes of genocide and torture occur, it is the responsibility of the international community to step in. In Spain, we have laws that can accept and try such cases, and that's exactly what we intend to do."
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Background
Falun Gong, also known as Falun Dafa, is a practice of meditation and exercises with teachings based on the universal principle of Truthfulness-Compassion-Tolerance. It is a practice that was taught in private for thousands of years before being made public in 1992 by Mr. Li Hongzhi. Falun Gong has roots in traditional Chinese culture, but it is distinct and separate from other practices such as the religions of Buddhism and Taoism. Since its introduction in 1992, it quickly spread by word of mouth throughout China, and is now practiced in over 50 countries.
With government estimates of as many as 100 million practicing Falun Gong, Chinas then-Communist leader, Jiang Zemin, outlawed the peaceful practice in July 1999, fearful of anything touching the hearts and minds of more citizens than the Communist Party. Unable to crush the spirit of millions who had experienced improved health and positive life changes from Falun Gong, Jiangs regime has intensified its propaganda campaign to turn public opinion against the practice while quietly imprisoning, torturing and even murdering those who practice it. To that end, Jiang established the 6-10 Office, a Gestapo-like agency spanning from the Central Government to the local governments. The United States Congress has described the 6-10 Office as an agency charged with overseeing the persecution of Falun Gong members through organized brainwashing, torture, and murder.
The European Falun Gong Information Centre has verified details of 793 deaths since the persecution of Falun Gong in China began in 1999. In October 2001, however, Government officials inside China reported that the actual death toll was well over 1,600. Expert sources now estimate that figure to be much higher. Hundreds of thousands have been detained, with more than 100,000 being sentenced to forced labour camps, typically without trial.
FOR MORE INFORMATION, PLEASE CONTACT THE EUROPEAN FALUN GONG INFORMATION
CENTRE
Peter Jauhal 44 (0) 7717 508 268 Nicolas Schols 32 (0) 479875734
More contacts: http://www.falungonginfo.net/europe.htm
Email: [email protected]
Category: Karma & Virtue
