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Australia: Defendant Luo Gan Added to Lawsuit Against Jiang, Australian Government Urges Investigation of Live Organ Harvesting (Photos)

April 29, 2007 |   By Luo Na, Minghui/Clearwisdom reporter in Sydney

(Clearwisdom.net) The lawsuit filed by Sydney Chinese artist and Falun Gong practitioner Ms. Zhang Cuiying against the chief culprit in the persecution of Falun Gong, Jiang Zemin, has taken on a new development. The plaintiff proposed adding Luo Gan, head of 610 Office, an organization especially set up for persecuting Falun Gong, to be another defendant, in order to bring both him and Jiang Zemin to justice. The plaintiff also requested an extension of the validation period for delivering the subpoena. The New South Wales Supreme Court has ruled to accept the plaintiff's request, adding Luo Gan as one of the defendants, and the time for delivering the statement of claim to the defendant was extended to six months. The court will deliver the statement of claim overseas.

Plaintiff Zhang Cuiying and Attorney Adam Slattery

Truth clarification banners supporting the lawsuit against Jiang outside the NSW Supreme Court

Lawyer: It Is Against the Law that a Chief of State Who Committed Crimes of Torture and Violation of Human Rights Obtains Diplomatic Immunity

New South Wales human rights lawyer Mr. Adam Slattery was very sympathetic to practitioners facing the inhuman persecution in China. After learning that Ms. Zhang Cuiying, an Australian citizen, was illegally detained and persecuted in China for her belief, he readily accepted the case as Ms. Zhang Cuiying's attorney.

Mr. Slattery said the case has gone smoothly so far. He said that their request is that the court must provide an Australian citizen with compensation for being persecuted in another country. It is against the law that any chief of state claims diplomatic immunity after committing crimes of torture and violating human rights. From the point of view of human rights, such immunity is unacceptable. Mr. Slattery said that we should not only consider this from a judicial point of view, but also from the standpoint of human rights. This is not an issue about the relationships of two countries.

Australian Government Urges Investigation of Live Organ Harvesting

The plaintiff, Ms. Zhang Cuiying, was pleased with the court's verdict. She said that in the course of the lawsuit against Jiang, because the Chinese Communist Party (CCP) exerted pressure on the Australian government, attempting to press the Australian government to drop the lawsuit through economic incentives, diplomatic relations and other means, the case has met with huge hindrance while pushing forward. Zhang Cuiying said that after she told Australian MPs not long ago about the interference she had met with in the course of the lawsuit, the situation is now going in a better direction. She has received replies from Australian politicians who expressed their concern over the case, including replies from the Prime Minister's office, Foreign Minister Downer, the Queensland Provincial Governor and NSW Provincial Governor, NSW Provincial Minister of Justice and numerous MPs. They also expressed their concern over the brutal persecution Falun Gong practitioners have suffered in China, hoping to conduct a thorough investigation into the heinous crime of harvesting organs from living Falun Gong practitioners.

On March 27, 2007, the Prime Minister's office replied to Ms. Zhang Cuiying regarding the lawsuit. The letter said, "In regard to your legal action, the Australian judicial system is the proper forum for the arbitration of legal disputes and the Australian Government does not comment publicly on cases before the courts. In January 2006, the Australian Government declined to serve the originating process documents in your legal action because the time available for service under the New South Wales Supreme Court Rules had expired. I understand you have since been granted an extension to file a revised statement of claim."

The letter continued, "The Australian Government is deeply concerned about China's persecution of Falun Gong practitioners and considers that the Chinese Government's ban on the group breaches fundamental international human rights standards. Australia regularly raised this issue with the Chinese Government, including through our annual Human Rights Dialogue. The Australian Government has also impressed on China the need to address allegations of organ harvesting from Falun Gong practitioners and suggested China allow an independent, credible investigation of these allegations. We will continue to raise these concerns with the Chinese Government."

Australian Foreign Minister Downer replied to federal MP Tony Windsor regarding Mr. Windsor's inquiry about the lawsuit against Jiang. He stated that the Australian government considers the Chinese government's ban on the Falun Gong cultivation group as against the basic international human rights standards. The letter said, "The Australian government takes the issue of Chinese persecution of Falun Gong very seriously. While we take no position on the doctrine or practices of Falun Gong, the Australian Government considers that China's ban on the group breaches fundamental international human rights standards, including the rights of free assembly and expression. The Australian Government regularly raises Chinese observance of fundamental human rights at senior levels, not only through our Embassy in Beijing and during high-level visits, but also annually at the Australia-China Human Rights Dialogue, last held in Canberra on 25 July 2006."

CCP Persecutes Australian Citizen, Luo Gan Personally Oversees

Plaintiff Zhang Cuiying has two reasons for adding defendant Luo Gan to the lawsuit. The first reason: When she returned to China to speak fair words for Falun Gong, and she was detained at the Beijing Detention Center, Luo Gan personally interrogated and persecuted her. She stated that on February 5, 2000, the first day of the lunar Chinese New Year, Luo Gan went to the Beijing Detention Center to interrogate her, accusing Ms. Zhang of going to Tiananmen Square on the lunar New Years' Eve to "disrupt public order and sabotage China's stability and solidarity." When Zhang Cuiying argued back, saying that "Tiananmen Square is the people's square, everybody has the right to go. Someone likes to sing and dance on the square to greet the New Year. Falun Gong practitioners do the exercises on the square, display Falun emblems and Dafa signs, what is wrong with that?" Luo Gan became furious and used vulgar language. Luo forbade several police officers to return home to celebrate the New Year, and ordered them to take turns interrogating Ms. Zhang around the clock.

The second reason for adding Luo Gan to the lawsuit, is that Luo played a leading role in implementing Jiang's genocidal policy against Falun Gong. From 1999 to 2002, he directly participated in drafting policies to escalate the persecution of Falun Gong. At numerous meetings, he directly ordered the political and judiciary departments across China to strengthen the suppression of Falun Gong. He also personally went to different places to oversee and push the suppression of Falun Gong. Wherever Luo Gan went, the cases of detention and torture, including cases of Falun Gong practitioners being tortured to death, would sharply increase. Luo Gan also took advantage of his work as secretary of the Political and Judiciary Committee, and intimidated and enticed government departments, public security and political and judiciary systems to get involved in the persecution. He even "awarded" nationwide criminals for their participation in persecuting Falun Gong, and rewarded the infamous Masanjia Forced Labor Camp with large sums of money. Zhang Cuiying believes that all this evidence clearly shows that Luo Gan has violated the United Nations Convention on the Prevention and Punishment of the Crime of Genocide, which China has ratified.

Background of the Lawsuit Against Jiang in Australia

Australian citizen Zhang Cuiying was forcibly detained for eight months in China for practicing Falun Gong and appealing for justice for Falun Gong. In prison, she was tortured, causing her great physical and mental harm. With the concerted efforts of the Australian government and Falun Gong practitioners, Zhang Cuiying was rescued and returned to Australia in November 2000. On September 15, 2004, Zhang Cuiying filed a lawsuit at the New South Wales Supreme Court against the chief culprit in the persecution of Falun Gong, head of the CCP Jiang Zemin, charging him with crimes of genocide and torture.

When the CCP detained Zhang Cuiying at Beijing Detention Center, Luo Gan personally interrogated her, and Luo Gan also played a leading role in implementing Jiang's genocidal policy against Falun Gong practitioners. Therefore, when the court commenced on March 5, 2007, Zhang Cuiying's lawyer, Attorney Adam Slattery, advised adding another defendant to the lawsuit, to bring the head of the "610 Office" Luo Gan, along with chief culprit Jiang Zemin, to justice. At the same time, he submitted to the court legal expert Prof. Yuan Hongbing's testimony, proving that the CCP's judicial system in principle does not accept and hear a civil action regarding Falun Gong issues; once any lawyer wants to defend Falun Gong, he/she would be subjected to the CCP's severe suppression.

According to Washington DC Human Rights and Law Association, Asia Chapter executive officer Chu Wan-chi, from 2002 to 2007, Falun Gong has filed over 50 lawsuits around the world, and more than 70 lawyers in over 30 countries are helping Falun Gong practitioners with these lawsuits. The most famous are the international lawsuits against Jiang Zemin, covering 15 countries, including criminal and civil actions. These lawsuits have caused a great sensation throughout the world.