FDI: US Circuit Court Affirms Immunity of Former Chinese Leader for Alleged Crimes of Genocide and Torture 
NEWS -- Sep. 09, 2004 Falun Dafa Information Center,
www.faluninfo.net
The 7th District Court's affirmation of a
previous ruling on the genocide case against Jiang Zemin was notably
silent on the issue of immunity. Dr. Marsh, attorney for the
plaintiffs, said they will appeal to the US Supreme Court.
WASHINGTON DC (FDI) -- The 7th Circuit Court of Appeals
affirmed the District Court's immunization of the former leader of China, Jiang
Zemin, for alleged genocide, torture and crimes against humanity perpetrated
against practitioners of Falun Gong in China. (related
stories) In its ruling, the court stated it was "not unsympathetic to
the appellants' claims" -- echoing sentiments of the Department of Justice's
attorney who, during oral arguments for the case, called the persecution of
Falun Gong "heinous." While the 7th Circuit Court of Appeals affirmed the District
Court's deferral to the Executive Branch to resolve immunity-based defenses to
these and similarly serious allegations via diplomatic rather than legal
channels, the Circuit Court emphasized the seriousness of the allegations and
reiterated in their Opinion the role of Jiang in initiating and implementing
what many have described as unspeakable crimes against humanity. Dr. Terri Marsh, attorney for the plaintiffs, commented,
"[Former leader] Jiang Zemin does not enjoy immunity under US law or under the
international standards created in the wake of Nuremberg and affirmed and
re-affirmed by domestic and international courts around the globe." Plaintiffs will file an appeal to the US Supreme Court, and
if necessary to the United Nations Commissions on Genocide and Torture. Legal Arguments for Genocide The 7th Circuit Court of Appeals issued its Opinion in WEI
YE, HAO WANG, DOES A-F, and others similarly situated v JIANG ZEMIN and OFFICE
610 on September 8, 2004. The Court of Appeals affirmed the District Court's
Opinion, issued on September 12, 2003 stating that although they are sympathetic
to appellants' claims, they believe this to be a matter for the Executive Branch
to effectuate through diplomatic channels, rather than a decision for the
Courts. Their decision concluded, "Success depends on diplomacy, not United
States courts." The 7th Circuit, in its affirmation of the District Court's
deference to the United States Department of Justice's position on the issue of
separation of powers -- that this is not a matter for the courts to decide
through legal channels, but rather a matter for the Executive Branch to resolve
via diplomacy -- shaped the Court's characterization of all other
immunity-related issues addressed directly in its Opinion or indirectly through
the Court's silence. For example, while the Court acknowledged the Defendants'
violations of such jus cogens as genocide and torture, they
ignored or perhaps missed the significance of jus cogens violations --
violations of norms which comprise the very basis and foundation of the legal
and moral order of Man. More generally, the Court was silent regarding virtually all
immunity-related issues, including, as lead counsel Terri Marsh noted, the
principle articulated in Plaintiffs' briefs and in oral argument, that "immunity
is not impunity." Even apart from the House of Lord's decision in the
Pinochet case, the recent Pinochet decision in Chile, or the ICJ
ruling in Belgium v Congo -- all supportive of the non-immunity of former
heads of state--the principle of non-immunity applies to Defendant Jiang Zemin
under U.S. case law which clearly states that "alleged acts of torture,
execution and disappearances of a dictator are not official acts... because the
officer is not doing the business he was empowered to do." (Hilao v Marcos,
25 F. 3d 1477). Thus, the inquiry is not whether Jiang Zemin used his official
position to engage in the criminal acts, but whether those acts were taken on
behalf of Jiang Zemin, instead of China (U.S. v Noriega, 746 F. Supp.
1506, 1522). As noted in Plaintiffs' pleadings, there is a wealth of
evidence indicating that Jiang launched the persecution against Falun Gong for
personal gain, as stated by CNN's Senior China Analyst Willy Lam, who wrote, "Jiang
has mobilized a Mao-era mass movement against... Falun Gong, ... and the most
severe criticism leveled at Jiang's handling of Falun Gong is that he seems to
be using the mass movement to promote allegiance to himself." While the 7th Circuit Court of Appeals was similarly silent
regarding the arguments proffered by Plaintiffs regarding the justiciability
issue itself, it is important to note that the 7th Circuit Court of Appeal's
deference to the separation of powers argument presented by the Department of
Justice in no way diminishes the weight given by the Court to the crimes
perpetrated by Jiang against Falun Gong. Similarly, although the United States
Department of State believes that the persecution is better ended through
diplomatic interventions rather than legal precedent -- in all other respects,
they are in agreement with the Plaintiffs as to the unlawful and immoral nature
of the persecution. Indeed all three branches of government agree that the
persecution against Falun Gong is wrong. In conclusion, Terri Marsh, said, "The Declaration of
Independence says that all men are endowed by their creator with inalienable
rights which include not only freedom of religion, but the right to be free from
torture. US lawyers and lawyers around the world will continue to file lawsuits
against Jiang Zemin and other collaborating officials until Jiang Zemin is
brought to justice." Contact: Dr. Terri Marsh -- (202) 369-4977 # # # NEWS -- Sep. 09, 2004 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." Practiced in over
50
countries worldwide, Falun Gong has roots in traditional Chinese culture.
With government estimates of as many as
100
million practicing Falun Gong in China, China's then-Communist leader, Jiang
Zemin, outlawed the peaceful practice in July 1999 (report).
Since that time, Jiang's regime has intensified its propaganda campaign to turn
public opinion against the practice while imprisoning, torturing and even
murdering those who practice it. The Falun Dafa Information Center has verified
details of 1,024 deaths (reports
/
sources) 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, which means the current actual death toll
is likely over 5,000.
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 917-757-9780, Levi Browde 914-720-0963,
Erping Zhang 646-533-6147, or Christina Chai 917-386-5068. Email:
contact@faluninfo.net, Website:
http://www.faluninfo.net/
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