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The lawsuit against Luo Gan for genocide was filed by the Falun Dafa Association of Argentina on December 13, 2005 at the 9th Tribunal under Judge Octavio Aráoz de Lamadrid, who in a very short time and also during the official holiday of the court, issued a 25-page ruling. This shows the importance and interest given to this case. This legal case, which concerns the persecution of one million Falun Dafa cultivators, and the speed of the first ruling, is probably without precedent in the legal history of Argentina.
Before this development, the public prosecutor rejected the case based on the "principle of territory." This was refuted in the resolution of Judge Lamadrid, stating, among other arguments, that, "By virtue of the international compromises which Argentina has come to terms with since the middle of the last century, and which were ratified by the constitutional reform in 1994, the principal of territory must concede to the aim to guarantee victims of similar outrages to equal access to justice.
"Even when an impulse to take action by the attorney of state does not exist, due to the institutional importance of the subject, as well as its practical consequences for the administration of justice and the special interest which it awakened in me, I cannot refrain from expressing my opinion about the same nor maintain silence nor not stand by my opinions which are different than those of the senior representative of the public defender.
"In summary, according to the way I see it, if the culprit of these crimes is caught - although fortuitously - in our country (or when we were in the condition to do so, as in this case)...and when the crimes are classified as crimes against humanity, which thus affects, therefore, the right of people, there may not exist any doubt concerning the faculty to apply Argentine penal law to an act taking place [outside the country] and committed by foreigners."
Luo Gan is one of the nine members of the Standing Committee of the Chinese Communist Party (CCP). The lawsuit is based on his role as the vice-director of the 610 Office, which has actively persecuted Falun Dafa since June 1999. The persecution masterminded by him also extends outside of China. One month ago, nine Argentine Falun Dafa practitioners were brutally assaulted and beaten by more than 40 CCP supporters of Luo Gan in front of the Argentine Congress Building when Luo Gan was visiting the Vice President. This assault took place one day after the filing of the lawsuit against Luo Gan.
The resolution of Judge Aráoz de Lamadrid also affirmed that the Argentinean Foreign Ministry already informed the judge on December 15, 2005, as "requested by the Chinese Embassy" concerning the "immunity" of the accused Chinese official. This is the reason that Judge Lamadrid decided to declare "incompetent" and to transfer the case to the Supreme Court of Argentina. At the same time, Judge Lamadrid gave detailed arguments, citations and antecedents in his resolution to consolidate the competence of the Supreme Court to try this case.
Concerning the position of the Supreme Court, Judge Lamadrid articulated in detail in his resolution to the Supreme Court. One point he made: "The way I see it and due to the clear and the powerful position of the Supreme Court of Justice of the Nation, the cases in which violations against the right of people are attributed, i.e. actions qualified as crimes against humanity, against a person or a group of persons who are in our country (where they can be located and - if necessary - be arrested), the Nation has the responsibility - which transfers obviously to her officials - to investigate, try and punish those who appear to be responsible of the same, even when the conducts reprehended have been committed outside the territory of our country.
"The way the terms of the accusation were brought against (corroborated by accompanied publications of the United Nations), we find indisputable the denouncement of multiple acts (homicides, torture, torments, forced disappearances of persons etc.) committed systematically from a mechanism of a sovereign state (Peoples Republic of China), which constitute - undeniable - clear and open violations of human rights, which due to its scale, volume and seriousness must be recognized as CRIMES AGAINST HUMANITY, acknowledged by our internal (articles 118 and 75, paragraph 22 of the Magna Carta) and first ranking international [cites varies treaties signed by Argentina] legal codes.
"This case requires that Argentine justice guarantees the universal right to access to justice to a religious group which - presumably - is being a victim (in the country of origin and by their own State) of persecution, humiliation, tortures, assassinations and other crimes which classify in its totality as crimes against humanity."
Recently, the Spanish court accepted a similar lawsuit against former Chinese president Jiang Zemin and six other high ranking officials for their responsibility in the genocide carried out by CCP in Tibet. This case immediately received strong pressure from the CCP which is being exerted on the Spanish government. The Spanish Foreign Ministry contended that, "The Spanish government cannot interfere with the independent decision of the Magistrate."
The Argentine government is under scrutiny from the country and
around
the world, waiting to see whether Argentina will sustain her judicial
sovereignty with the same determination.
The Argentine government is under scrutiny from the country and around the world, waiting to see whether Argentina will sustain her judicial sovereignty with the same determination.
Press Conference and Rally to Protest the Chinese Embassy
LONDON (European Falun Gong Information Center) A female Chinese Falun Gong practitioner was punched in the head by a Chinese man while she sat in meditation at the ongoing 24-hour protest opposite the Chinese Embassy in Portland Place W1 around 9:00 p.m. on January 24.
Speaking to reporters, Ms. Gao Yudong said, "The bruise on the side of my head caused by the blow felt very hot. By the next morning I started to feel pain, and I could feel a swelling on my head. During the day at work, my head felt painful and numb. I had difficulty concentrating."
Falun Gong has been slandered and vilified repeatedly by the Chinese Embassy in London under orders from the Chinese Communist regime. Embassy staff, taking advantage of their diplomatic immunity to propagate hatred towards the exercise and meditation discipline based on Truthfulness, Compassion and Forbearance, do so against their own Chinese constitution and against human rights.
Fortunately, the police stationed across the road witnessed the attack and were able to chase the man and detain him. Footage of the attack, caught on CCTV films from buildings nearby, has been requested by the police as evidence in the case.
Speaking about the attack on behalf of the Falun Gong Association, Mr. Peter Jauhal said, "We are appalled at this flagrant disregard of human rights on British soil by agents of the Chinese regime. We call on the police to charge this man with assault following incitement by the Chinese Embassy."
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Background
Falun Gong, also known as Falun Dafa, is a practice consisting of meditation and exercises, with teachings that emphasize living by three principles: Truthfulness, Compassion, and Tolerance. Originating in China, Falun Gong is now practiced in over 70 countries. With Chinese government estimates of 100 million China practicing Falun Gong in China, in July 1999 the Chinese Communist Party-state launched a nationwide, violent campaign to "eradicate" the practice. The European Falun Gong Information Centre has verified details of 2,780 deaths and over 44,000 cases of torture. Millions have been detained or sent to forced labor camps.
http://clearharmony.net/articles/200601/31161.html
On January 25, 2006, the Ontario Human Rights Commission and the Canadian Falun Dafa Association published a press release about a ruling from the Ontario Human Rights Court. The verdict said that the Ottawa Senior Chinese Cultural Association violated the Human Rights Code.
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The Human Rights Tribunal's Expert Evidence said, "Western scholars of religion would characterize Falun Gong as a new religious movement. The essence of Falun Gong is spiritual elevation. Falun Gong practitioners believe in the existence of gods and divine beings in the cosmos. Its leader, Li Hongzhi, has written a form of 'scripture.' His message is profoundly moral."
The findings for Ms. Huang included the following:
1. Her practice of Falun Gong constitutes a creed within the meaning of the Code.
2. Her right to equal treatment with respect to services without discrimination based on creed was infringed by the Respondents, contrary to Sections 1 and 9 of the Code.
3. The Respondents are jointly and severally liable for these breaches.
The court ordered the Ottawa Senior Chinese Cultural Association to compensate Ms. Huang C$18,000.
This raised wide awareness among Canadian media and many ran reports on this ruling.
The Globe and Mail reported that the Ontario Human Rights Commission's verdict included Falun Gong, which is banned by the Chinese Communist Party, in the range of "creed."
The report also cited words from Jeff Poirier, the spokesperson of the OHRC, that the verdict didn't mean that Falun Gong is a religion. OHRC's definition of "creed" has a wider meaning than religion.
The CTV station conducted interviews at the Ottawa Senior Chinese Cultural Association and in Chinatown and broadcast the story in the evening news. When a reporter called the Ottawa Senior Chinese Cultural Association, no one answered the phone. In an interview, Ms. Huang said that the Chinese Communist party has extended the persecution of Falun Gong to foreign countries and stirs up hatred. She appealed to stop the Chinese Communist Party's persecution.
CBC TV, the Ottawa Citizen, and the Ottawa Sun also interviewed and reported on this event.
American citizen, Falun Gong practitioner Charles Li (Li Xiang Chun) was jailed and persecuted in China for three years for going back China to spread the truth about Falun Gong. On January 21, 2006, he returned to the United States and received a warm welcome from Falun Gong practitioners and friends at San Francisco International Airport. Li said that he couldn't image that the Chinese Communist Party would torture him nearly to death. Li's experience raised concern among many people and wide attention from the media.
 The media focused on Charles Li's experiences in China |
On Saturday, January 21, 2006, reporter Rebekah Gordon from the San Mateo County Times reported on the reception at the airport and published an article the next day. The story stated, "Li, 40, a U.S. citizen and practitioner of Falun Gong (also called Falun Dafa), was arrested at the Guangzhou Airport when he flew to China on Jan. 22, 2003. Neatly dressed in a black sport coat and dress shirt as he arrived in the international terminal on a United flight, Li appeared to be in decent shape. Greeted eagerly by his fiancee, Yeong Ching, he was quickly swarmed by the Chinese media. Well-wishers holding Falun Gong banners burst into song."
The story also quoted words from family friend, Sherry Zhang, "But through the consulate, the family received Li's 96-page 'Letter from a Nanjing Jail.' Zhang said he wrote the letter in May 2003 while handcuffed, and it was only sent after he went on an eight-day hunger strike."
The letter, Zhang said, spoke of physical abuse, including beatings and sleep deprivation, forced labor to make shoes and Christmas lights, mental "re-education" sessions for hours and prohibition from practicing Falun Gong. By his third year, she said, the consulate told the family that Li was experiencing shortness of breath and an elevated heart rate.
A medical doctor, Li's imprisonment has garnered national attention. The website, http://www.rescuecharles.org, has nearly 5,700 petition signatures, and North Carolina musician Drew Parker wrote a song called "Free Charles Lee"
 Charles Li speaks at a press conference in San Francisco |
Associated Press: Falun Gong practitioner speaks out after
release from Chinese prison
Published on Tuesday, January 24, 2006, the Associated Press report reported, "An American Falun Gong practitioner who was released after serving a three-year sentence in a Chinese prison last week is speaking out against the government that imprisoned him."
Charles Li, 41, of Menlo Park was scheduled to hold a news
conference Tuesday in San Francisco to discuss the mistreatment he
received in prison, where Falun Gong [practitioners] allege Li was
subject to "beatings, brainwashing, torture and forced labor."
Li, who arrived in San Francisco on Saturday, was arrested at the
Yangzhou airport in January 2003 and sentenced two months later on
charges of sabotaging broadcasting equipment.
New York Times: Charles Li suffered beatings, sleep deprivation, and
"forced brainwashing"
On January 24 2006, the New York Times published reporter Carolyn Marshall's article, "Businessman Back in U.S. After Detention in China". The article said that American citizen Charles Li finally returned to the United States after being jailed in a Chinese prison and spoke up the tortures he experiences in the prison.
The article said, "The businessman, Charles Li, 41 and a resident of Menlo Park, arrived at San Francisco International Airport on Saturday, welcomed by more than 100 supporters, who for three years have protested and petitioned for his release."
"In prison, Mr. Li said, he was beaten, deprived of sleep and food, and handcuffed in painful positions. He said the government tried to 'force brainwash' prisoners and subjected him to 'slave labor.'"
"I feel relief," Mr. Li said in a telephone interview Monday. "I'm also concerned and worried because the persecution is still going on and there are so many practitioners who have been physically and mentally tortured."
 ABC TV station interviewing Li's fiancee, Yeong Ching Foo |
In addition, The San Francisco Chronicle, International Herald Tribune, KESQ TV Station and Monterey County Herald also reported on this event.