WORLD ORGANIZATION AGAINST TORTURE USA

Morton Sklar, Executive Director

September 16, 2003

The Honorable Guy Verhofstadt
Prime Minster of Belgium
Rue de la loi 16
B-1000
Brussels, BELGIUM

Dear Mr. Prime Minister:

The World Organization Against Torture USA supports the continuation of the investigation under the Belgian Universal Jurisdiction law of criminal charges concerning Jiang Zemin, the former President of China and two of his senior colleagues, Luo Gan and Li Lanqing. These charges include genocide, crimes against humanity and crimes of torture. It is important to apply the principles of the Universal Jurisdiction law to this case and to make certain that these individuals do not escape responsibility for the serious human rights abuse they have perpetrated.

The principle of universal jurisdiction mandating that all nations have responsibility to bring major human rights abusers to justice is firmly established in international and domestic law, including the Belgian Universal Jurisdiction law, Criminal accountability through the application of Universal Jurisdiction is mandated by the statutes of the international tribunals for Yugoslavia, Rwanda and Sierra Leone, as well as the statute of the International Criminal Court, and by the Genocide Convention. As the Pinochet Case in the United Kingdom held, that responsibility applies to all nations through their domestic criminal courts, as well as through the international justice system.

The World Organization Against Torture USA is a non-governmental human rights nonprofit organization dedicated to the prevention of torture and other forms of cruel and inhuman treatment or punishment. We strongly believe in this case against Jiang Zemin, and support your efforts to investigate this case and bring it to trial under your Universal Jurisdiction law.

It is important to maintain the authority of the courts to carry out the prosecution of major human rights abusers. Jiang Zemin used his power to persecute Falun Gong practitioners. There have been well over 400 deaths from torture of Falun Gong practitioners that have been confirmed by the U.S. Department of State Country Reports on Human Rights, and many additional thousands have been arbitrarily arrested, tortured and detained unlawfully for long periods of time.

We are aware that recent amendments have been made to your Universal Jurisdiction law to limit its use to cases where there is a more direct connection to Belgium residents or citizens. But we believe these conditions have been met in this case.

Nor should Jiang's status as a former head of state prevent his prosecution. In the case of Belgium v. Congo, the International Court of Justice held that certain very high level officials may be immune from prosecution. And we recognize that there are long-standing principles in international law that grant immunity to heads of state. But there are important reasons why this decision does not bar Jiang's prosecution in Belgium. First, he is a former head of state not a current one; he can no longer claim immunity. Second, international law recognizes that certain actions like genocide and torture cannot qualify for immunity, even for heads of state.

We support your full and prompt investigation and prosecution of this case, and encourage you to continue with this important work to assure that major human rights abusers are not able to escape justice and act with impunity.

Sincerely,

Morton Sklar
Executive Director

Cc: As indicated

CC:

Mr. Louis Michel
Vice-Premier Ministre
Ministre of Foreign Affairs
Rue des petits carmes 15
B-1000 Brussels
Belgium
Fax: 0032-2-511-6385

Ms. Laurette Onkelinx
Vice-premier Ministre
Ministre of Justice
Rue du commerce 78-80
B-1040 Brussels
Belgium
Fax: 0032-2-230-1067

Ms. Fientje Moerman
Ministre of Economy, Foreign Trade
Square de Meeus 23
B-1000 Brussels
Belgium
Fax: 0032-2-514-4683

Ambassador Frans van Daele
Embassy of Belgium
3330 Garfield Street NW
Washington, DC 20008
Fax: (202) 625-7567

Mr. Leo Cortens
First Secretary & Consul
Embassy of Belgium
3330 Garfield Street NW
Washington, DC 20008|
Fax: (202) 333-5457

1725 K Street NW, Suite 610, Washington, DC 20006. Phone: (202) 296-5702. Fax: (202) 296-5704. email: woatusa@woatusa.org, websites: www.woatusa.org and www.criminalaccountability.org

The World Organization Against Torture USA is an independent, affiliated national member of the international SOS Torture Network and the International World Organization Against Torture Network, but does not represent or speak on behalf of the Networks or any of their other two hundred individual, national members in any respect.