My View of the Investigation and Charges against the "New Form of Evil" (Photo)

By Zhong Yan

(Clearwisdom.net) On July 6, 2006, Former Canadian MP David Kilgour and human rights lawyer David Matas released a report on their independent investigation into organ harvesting from living Falun Gong practitioners. I strongly agree with the authors' thoughts and methods about facing "a new form of evil."

It is extremely difficult to investigate the allegations that the CCP is harvesting organs from living Falun Gong practitioners in China. The authors clearly stated in their report the difficulties they faced. "The people present at the scene of organ harvesting of Falun Gong practitioners, if it does occur, are either perpetrators or victims. There are no bystanders. Because the victims, according to, the allegation are murdered and cremated, there is no body to be found, no autopsy to be conducted. There are no surviving victims to tell what happened to them. Perpetrators are unlikely to confess to what would be, if they occurred, crimes against humanity. […] The scene of the crime, if the crime has occurred, leaves no traces. Once an organ harvesting is completed, the operating room in which it took place looks like any other empty operating room."

The investigation was difficult also because of CCP efforts to cover up the crimes they committed. The CCP continues to boast that China is in its "best period for human rights in Chinese history." Meanwhile, it carries out the genocidal persecution of Falun Gong.

The investigators, however, did not give up in face of the difficulties. They "considered any and all elements of proof and disproof which were available and which might be available." After analyzing the 18 elements of proof and disproof through inductive and deductive analysis, they concluded that the allegation that the CCP harvests organs from living Falun Gong practitioners is true.

The evidence in the report indicates that the people involved in harvesting live organs are officials from different levels of government - from the police, the prosecution, legislation, hospitals, labor camps and prisons. These people control the administrative and legislative authorities of the government. The victims are Falun Gong practitioners.

The investigators utilized the method of proof and disproof, and also adopted the "burden of proof inversion" principle to validate their conclusions given the difficulty of gathering conclusive firsthand evidence.

Burden of proof inversion is a method of allocating burden of proof. Under general judiciary principles, normally the party who raised the allegation (the plaintiff) has the burden of proof. However, under certain circumstances the plaintiff does not have the burden of proof; rather, the other party (defendant) has the burden to disprove the allegation. If the defendant cannot disprove the allegation, then the allegation may well be true.

For example, the report states that if CCP officials do not have a reasonable explanation for the source of 41,500 organs known to have been transplanted, but with no other source available, then the allegation of organ harvesting from Falun Gong practitioners cannot be disproved.

The report suggested "governmental, non-governmental and inter-governmental human rights organizations with far better investigation capacity than ours should take these allegations seriously and make their own determination whether or not they are true."

On July 13, 2006, the chair of the Canadian Conservative Caucus Rahim Jaffer suggested that the Canadian government should cooperate with other countries including the U.S. and European countries who are willing to stop this crime; to form an international union to exert pressure on the CCP, urging it to open the gates so that people can learn the truth. Mr. Jaffer said, "not only should the Canadian government take action, but we also should cooperate with other governments to solve this issue according to law and bring it to the relevant international court."

"Organ harvesting of unwilling donors where it is either systematic or widespread is a crime against humanity." We believe the United Nation and other governmental organizations will take steps to stop such a new form of crime against humanity.
Chinese version available at http://minghui.ca/mh/articles/2006/7/16/133125.html

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