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Newsletter - November 2009 - issue 97 PDF Print E-mail
  • Taiwan: Spanish Court Indicts Former Chinese Leaders, Lawyer Calls for the Extradition of the Five Defendants
  • Global Coalition to Bring Jiang to Justice: Spanish Court's Decision Is a Benchmark for International Justice
  • Russia: Falun Gong Practitioners Attend Moscow Children's Sports Fair and Win Award

Taiwan: Spanish Court Indicts Former Chinese Leaders, Lawyer Calls for the Extradition of the Five Defendants

Taipei, Taiwan- The National Court of Spain indicted five high-ranking Chinese officials on November 18, 2009. The five defendants are Jiang Zemin, Luo Gan, Bo Xilai, Jia Qinglin and Wu Guanzheng and they are charged with crimes of genocide and torture. A human rights lawyer in Taiwan calls upon the international community to assist the Spanish government and extradite the five defendants to Spain for the trial.
 

Calling upon the International Community to Help Extradite Suspects for Public Trial

The Spanish judge Ismael Moreno's decision was made based on the legal principle of universal jurisdiction, which allows domestic courts to hear cases of genocide and crimes against humanity regardless of where they occur.

Attorney Chiu Huang-chuan, the Deputy Head of the Asian branch of the Coalition to Investigate the Persecution of Falun Gong in China, looks at it as a historical decision. It draws international attention to Beijing's human rights abuses. Besides applauding the courage of the Spanish Court, Chiu believes the international community should assist with extraditing the five defendants to Spain and subject them to the trial.

Chiu thinks that the National Court of Spain's formal criminal litigation highlighted the principle of universal jurisdiction in cases of severe human rights violations. The international community shall not be indifferent on human rights abuses, Chiu pointed out. Chiu further stated that the Spanish Court's case allows the world to rethink its association with the Chinese Communist regime. Economic benefits should not outweigh Beijing's abuses of human rights of all Chinese people. Chiu pointed out that it is impossible for a regime that suppresses its people to abide by any agreements and to associate with other countries in peaceful and civil ways.

Indictment Intimidates Those Who Persecute Falun Gong

The indictment will put the five defendants in constant fear, Chiu believes, because they could be arrested any time if they travel outside of China. The decision will also intimidate those who are still torturing Falun Gong practitioners in China, said Chiu.
Chiu mentioned that the Nazis' crime of genocide against the Jews was not exempted because they were forced by the state order to do so. The officials who participate in the persecution of Falun Gong in China should know that they are not safe overseas once they committed the crime of genocide in China.

Chiu said that the Taiwan government should have the courage to face China's human rights issues. Taiwan should refuse entry or expel the Chinese officials who are confirmed participants of the persecution of Falun Gong. Chiu also suggested the Taiwan government to assist Spain in extraditing the defendants or to try them with the principle of universal jurisdiction.

Background

In 1999, former CCP head Jiang Zemin singlehandedly instigated the campaign to "eradicate" the spiritual practice of Falun Gong. The genocidal policies of "defame their reputations, bankrupt them financially, destroy them physically, and counting deaths due to torture as suicide," resulted in large number of Falun Gong practitioners being arrested, tortured, beaten to death, and going missing. Many had their organs harvested while they were still alive, for the lucrative organ transplant trade. The other four defendants are all Jiang's staunch followers.

One of the defendants is Luo Gan who oversaw the 610 Office, a nationwide secret police task force that has led the violent campaign. Chinese lawyers have compared the 610 Office to Nazi Germany's Gestapo in its brutality and extra-legal authority.

The other three accused are Bo Xilai, current Party Secretary for Chongqing and former Minister of Commerce; Jia Qinglin, the fourth-highest member of the Party hierarchy; and Wu Guanzheng, head of an internal Party disciplinary committee. The charges against them are based on their proactive advancement of the persecution against Falun Gong when they served as top officials in Liaoning, Beijing, and Shandong, respectively.

In a Pulitzer prize-winning article, The Wall Street Journal's Ian Johnson describes how Wu imposed fines on his subordinates if they did not sufficiently crackdown on Falun Gong, leading officials to torture local residents, in some cases, to death.


Global Coalition to Bring Jiang to Justice: Spanish Court's Decision Is a Benchmark for International Justice

The Spanish National Court recently indicted five high-ranking Chinese Communist Party (CCP) officials, including former Communist Party head Jiang Zemin and his die-hard followers Luo Gan, Bo Xilai, Jia Qinglin and Wu Guanzheng on charges of genocide and torture of Falun Gong. Theresa Chu, lawyer and spokeswoman for the Global Coalition to Bring Jiang to Justice, stated that the Spanish court's decision is the most righteous and a benchmark for the international legal community. She called upon other countries to assist in bringing these perpetrators of the persecution of Falun Gong to justice.

Spanish court's decision sets up a righteous role model for the international legal community

After two years of elaborate evidence collecting and investigation, the Spanish National Court issued a summons. The court's notification stated that if the charges against the defendants are established, they are likely to face imprisonment for up to 20 years and may be economically liable to the victims for damages. If the defendants fail to respond to the court within six weeks, the judge could issue arrest warrants against them.

Theresa Chu said that the Spanish National Court's decision has great significance for the international community and mainland China, and sets up a righteous role model for the international legal community.

Other countries should assist in bringing the perpetrators to justice

Theresa Chu said that the litigation related to the human rights abuses against Falun Gong is the largest human rights litigation in the 21st century. Since 2000, the chief culprits in the persecution of Falun Gong - the clique headed by Jiang Zemin, including 25 communist officials in the current and former Ministry of Education and Ministry of State Security - have been sued in over 30 countries. There are 18 lawsuits against Jiang Zemin, among which five are civil litigations and the rest are criminal suits.

Ms. Chu pointed out that the crimes of genocide and torture are regarded as the most heinous, and the most serious crimes against humanity in the international human rights conventions. If the defendants are charged for committing these crimes, they would basically not be given diplomatic immunity.

Ms. Chu thought that the five defendants may not respond to the summons, but she said, "We encourage the Spanish National Court to keep [the pressure] up and issue arrest warrants to the defendants so as to bring them to justice."

Ms. Chu also stated that human rights lawyers who represent Falun Gong practitioners hope that all countries that have an extradition treaty with Spain will extradite the five defendants to Spain if these perpetrators travel to their countries. As for those countries that do not have an extradition treaty with Spain, as long as they have a law for punishing crimes of torture and genocide, they should punish these perpetrators for their involvement in the persecution of Falun Gong.

Those who have carried out and implemented the persecution will ultimately face historic trials

Ms. Chu said, "In addition, we have seen the decision's deeper level meaning, which is to let the Chinese people see that the international community has recognized the persecution of Falun Gong practitioners as being illegal. The people who have carried out and implemented the persecution order will receive just and historic trials for their involvement in the persecution."

Ms. Chu pointed out that the Communist Party in mainland China, still manipulates people to continue persecuting Falun Gong practitioners. "We believe that most Communist officials who have participated in the persecution have learned about this indictment. They may understand that they will be punished by law for following Jiang Zemin in committing such monstrous crimes," she said.

Calling upon those who have been involved in the persecution to atone for their crimes

Ms. Chu said, "We sincerely hope that [those involved in the persecution] will soon quit the CCP and its affiliated organizations, and stop participating in the persecution of Falun Gong. Even more importantly, we hope that these CCP officials reveal what they have done in the persecution and help the world's people learn the facts, as part of their effort to atone for the crimes they have committed."


Speaking Out on NTDTV's Lawsuit against Eutelsat, Hong Kong Legislators Call on International Community not to Appease the CCP
On November 5, 2009, a hearing was held in a French court on NTDTV's lawsuit against Eutelsat for shutting down its signal to Asia. Several members of the Hong Kong Legislative Council expressed their support and called on the international community not to appease the Chinese Communist Party (CCP) out of economic self-interest. 

Andrew Cheng, member of the Hong Kong Legislative Council, is a lawyer. He said the lawsuit has significant meaning and NTDTV should be supported for broadcasting to China. He said, "I wish the whole world would support a China with freedom of speech, not a China with a censored press."

Albert Chan Wai Yip, a member of the Hong Kong Legislative Council, hoped that the lawsuit would catch the attention of the international community, "Each government should pay attention to the NTDTV's plight. In China, there is no freedom of speech or freedom of the press. More pressure should be applied to the Chinese government to have freedom of press realized step by step."

Mr. Chan called on democratic countries not be blinded by short-term economic interests, "If the CCP can block NTDTV's signal today, it can also affect those countries who have commercial trade with China in the long-term if they do not speak out because of economic self-interest."
 
Several members of the Legislative Council thought that the blocking of NTDTV's signal indicates the CCP's weakness. Mr. Chan said, "The CCP suppresses freedom of speech. We must condemn it. Whether it's using violence against reporters, or suppressing freedom of the press by using technical or systemic means, all of these indicate a weak regime, as it does not want to hear different voices."

Mr. Cheng said, "There is worry that changes in people's thoughts and values can affect the government's control. It means the government has no confidence in itself, so it fears that freedom of press could affect its power."

Mr. Leung Kwok-hung, member of the Hong Kong Legislative Council, said, "I hope the court can deal with the lawsuit based on the European Convention of Human Rights. If this cannot be ruled an injustice, it would mean that the convention is useless. I hope the court can uphold justice."

The court hearing was scheduled on October 13. Eutelsat submitted a large amount of information at 11 p.m. on the eve before the hearing, so the Paris Court decided to postpone the hearing until November 5, 2009.

Russia: Falun Gong Practitioners Attend Moscow Children's Sports Fair and Win Award

From November 4 to 8, the 21st Children's Sports Kingdom fair was held by the Moscow City government. More than 60 groups attended the fair. Local Falun Gong practitioners and the Epoch Times newspaper, for the second time, attended the fair. The practitioners won an award for their contribution to the event.
 
At their booth, Falun Gong practitioners demonstrated the exercises and taught children how to make paper lotus flowers. Practitioners also performed several songs. Many visitors accepted the materials introducing Falun Gong and exposing the persecution taking place in China.

 
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