FDI: Human Rights Lawyers Say Law Does Not Grant Immunity to Chinese Official for Crimes Against Falun Gong
NEWS -- Sep. 11, 2003 Falun Dafa Information Center, www.faluninfo.net
Luo Gan Faces Charges of Genocide, Torture --
Does Not Qualify for Protection under Vienna Convention
WHY
NO IMMUNITY?
Luo Gan faces
criminal charges for genocide and torture against Falun Gong. Luo does not
merit immunity, according to lawyers, because:
NEW YORK (FDI) -- Luo Gan, a Standing Committee member of the
Chinese Communist Party's Politburo and notorious abuser of human rights, does
not merit immunity overseas for his crimes of genocide and torture, human rights
lawyers say. Luo Gan, who is currently on a tour of four European nations, is
facing a number of criminal lawsuits in multiple countries in Europe.
For the past four years, Luo Gan directed the "6-10
Office" in China, described by the United States Congress as an agency
charged with "overseeing the persecution of Falun Gong members through
organized brainwashing, torture, and murder." (about
"6-10 Office")
No Immunity Under Vienna Convention
According to Morton Sklar, the Executive Director of World
Organization Against Torture USA and an expert on immunity, Luo Gan has no
immunity under the Vienna Convention during his visit this week to Iceland:
"First, he [Luo Gan] does not fit within the very clear
categories of protected officials set out in the Vienna Convention," says
Mr. Sklar. "He is not head of state or foreign minister, and is not in
Iceland on a special mission fulfilling ambassadorial duties or even major
governmental functions. As I understand it he is conducting a review of the
Icelandic legal system. This is not the type of special mission that the Vienna
Convention had in mind covering under immunity protections given only to the
highest level officials visiting pursuant to special diplomatically linked
missions."
Mr. Sklar continued, "To interpret the Convention
otherwise would mean that virtually all foreign officials were subject to
absolute immunity in a foreign country, which is nowhere near the way the
immunity provisions are interpreted and applied."
No Immunity for Crimes of Genocide, Torture
Mr. Sklar also pointed out that no one -- irrespective of
his/her post or status -- can claim criminal immunity for actions that
constitute Genocide. "There is a plain exception to even the strongest
immunity protections," says Mr. Sklar, "through treaty provisions in
the Genocide Convention, and through similar provisions that have been included
in all of the major criminal prosecution statutes of the international courts,
including the International Criminal Court, the Yugoslavia and Rwanda Tribunals,
and the Sierra Leone Special Court."
Mr. Ragnar Adalsteinsson, a renowned Icelandic human rights
lawyer representing the plaintiffs in a lawsuit filed against Luo Gan in
Iceland, commented: "Even if Luo had been on official visit to Iceland, he
doesn't enjoy diplomatic status to merit protection from Vienna Convention.
Further, even if Luo did have diplomatic status, his crimes of genocide and
torture would exempt him from any immunity internationally."
"[F]or
purposes of civil liability, the torturer has become like the pirate and
slave trader before him hostis humani generis, an enemy of all
mankind."
--
Irving R. Kaufman,
United
States District Judge
Filartiga
v. Pena-Irala (2nd Cir. 1980) Mr. Adalsteinsson continued, "Iceland has not signed the
Convention on Special Missions from 1969. Therefore, the prosecutor cannot base
his decisions on the stipulations of [that] convention. It is far fetched to use
an international convention to which Iceland is not a signatory to overrule one
Iceland is a signatory to (the United Nations Convention Against Torture, which
Iceland signed in November 1996.)"
U.S. Human Rights Attorney Terri Marsh -- who is the lead
attorney in a class-action U.S. lawsuit against former Chinese leader, Jiang
Zemin, and the "6-10 Office" -- added, "Lou Gan, as the
perpetrator of both genocide and torture against innocent practitioners of Falun
Gong in China cannot commit crimes of such terrible magnitude with impunity. He
has violated the most sacred principles of all civilized nations, he has
violated Chinese law, as well as international treaties and covenants. There are
no moral or legal bases for an immunity claim in this or any other Chinese
official case. Indeed, the official position of any person accused of genocide
will not relieve him of criminal responsibility. One may not commit genocide
(or) torture without legal reprisal."
Luo Gan Gets Crash-course in Rule of Law
Mr. Peter Jauhal, a spokesperson for the Falun Dafa
Information Centre in London, says that except for the former Chinese leader,
Jiang Zemin, there is no individual more responsible for the crimes against
Falun Gong than Luo Gan. "Inside China, Luo Gan has operated unburdened by
China's constitution to carry out brainwashing, torture or murder of tens of
thousands of Falun Gong practitioners including women and children," says
Mr. Jauhal. "Outside of China, Luo has been connected with conducting
illegal surveillance resulting in China's now-famous 'blacklist,' used to deny
entry to Iceland and other countries to citizens of democratic nations."
Ironically, media reports say one the reasons for Luo's trip
to the European nations is to learn and exchange ideas about the judiciary and
judicial procedure. To that end, Mr. Jauhal says, Luo's trip may serve as a
crash-course in the rule of law.
"If Luo really wants to see how justice is served in a
democratic society," Mr. Jauhal concluded, "these lawsuits may give
him first-hand experience. Legal action can be pursued even after Luo has left
the countries where the complaints are filed. Let's hope that Iceland, Finland,
and others can uphold their own standards, and in doing so help vindicate the
rule of law as a check on the tyranny of the like of Luo Gan."
Related Links on FalunInfo.Net:
Contact information:
Executive Director of
World Organization against Torture U.S. Mr. Morton Sklar: +1-202-296-5702
Icelandic Lawyer in
Case against Luo Gan Mr. Ragnar Adalsteinsson: +354-6961306
U.S. Human Rights
Attorney Ms. Terri Marsh: +1-202-369-4977
Finnish Lawyer in
Case against Luo Gan Mr. Erkki Kannisto: + 358-40-588-1404
# # #
NEWS -- Sep. 11, 2003
Falun Dafa Information Center, www.faluninfo.net
Background
Falun Gong, also known as Falun Dafa (about),
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, China's then-Communist leader, Jiang Zemin,
outlawed the peaceful practice in July 1999 (report),
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, Jiang's 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." (news)
The Falun Dafa Information Center has verified details of 781
deaths (reports
/ sources)
since the persecution of Falun Gong in China began in 1999. In October 2000,
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 labor camps, typically without trial.
FOR MORE INFORMATION, PLEASE CONTACT THE FALUN DAFA
INFORMATION CENTER -- Gail Rachlin 917-501-4441, Levi Browde 914-720-0963,
Erping Zhang 646-533-6147, or Feng Yuan 917-941-1097. Email: faluninfoctr@nycmail.com,
Website: http://www.faluninfo.net/
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