This article was first published in January 2010.
(Minghui.org) After a four-year investigation, Judge Octavio Araoz de Lamadrid, of the Argentine Federal Court No. 9, made a historic decision on December 17, 2009, requesting that Interpol issue arrest warrants for Jiang Zemin, as well as Luo Gan, the former Minister of Public Security of the communist regime. The news was reprinted by Reuters and two major US newspapers--The Washington Post and the New York Times.
Faced with international arrest warrants, Jiang, Luo, and the communist regime have felt the urgency of their situation, and their spokeswoman, Jiang Yu, from the regime's Foreign Ministry had to make an open response on December 24. She avoided mentioning the crimes of Jiang Zemin and Luo Gan in her response. Instead, she repeatedly cited the regime's lies and confused right and wrong. She said, "Falun Gong is using and is trying to take advantage of foreign judicial procedures to bring malicious accusations against China. Their purpose is to undermine China's relationship with the countries concerned." The fact that the regime had to openly respond to the lawsuit indicates the lawsuits have seriously disturbed the Jiang clique and they are panic-stricken.
Persecuting Falun Gong is a Criminal Act
Jiang Zemin and the communist clique have used the state apparatus and made a mockery of China's law in their persecution of Falun Gong, and therefore the persecution itself is an illegal, criminal act, both in judicial terms and in terms of law enforcement.
China's Constitution clearly stipulates that citizens enjoy freedom of belief. Article 35 says, "Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration." Article 36 says, "Citizens of the People's Republic of China enjoy freedom of religious belief. No state organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion. The state protects normal religious activities." China's Criminal Law stipulates that the most fundamental feature of a criminal act is that it is harmful to society. A crime is an action, not a thought. It therefore violates the fundamental principles of criminal law to sentence Falun Gong practitioners for their belief.
Article 3 of China's Criminal Law says, "...where an act is not expressly defined in the law as a criminal act, it shall not be determined and punished as a criminal act." Falun Gong practitioners cultivate themselves according to the principles of Truthfulness-Compassion-Forbearance. The slanderous term "heretical cult" used against Falun Gong started with a sentence Jiang Zemin said during an interview with a reporter from the French newspaper Le Figaro on October 26, 1999. The next day, a commentator from the People's Daily published an article based on Jiang's comment. This is purely an act of an individual and the media, and has nothing to do with the law.
Under China's Constitution, Criminal Law, and Procedural Law, the persecution of Falun Gong launched by Jiang Zemin constitutes numerous criminal acts in violation of the law, including at least the following 25 crimes:
1. Unlawful intrusion into private residences; 2. Robbery; 3. Theft; 4. Abduction; 5. Extortion; 6. Unlawful search; 7. Defamation; 8. Insult or humiliation; 9. False accusation; 10. Unlawful detention; 11. Inquisition by torture; 12. Unlawful gathering of evidence by violence; 13. Ill-treatment of detainees; 14. Deliberate injury; 15. Deliberate killing; 16. Deliberate deprivation of freedom of belief; 17. Abuse of power in law enforcement; 18. Negligence of duty; 19. Bending the law for personal interests; 20. Taking illegal possession of other people's property; 21. Interference with marriage by force; 22. Abandonment; 23. Ill-treatment; 24. Deprivation of freedom of communication; 25. Retaliation with false charges.
Jiang Zemin Will Be Brought to Justice by All of Humanity for His Crimes
Jiang Zemin acted willfully, refused to listen to the other six Politburo members' opinions against persecuting Falun Gong, and openly, in violation of the Constitution and the law, launched the persecution through the use of the state apparatus. The genocidal policies he carried out in the persecution of Falun Gong, including "ruin their reputations, bankrupt them financially, and destroy them physically," and "killing is to be treated as suicide," are crimes against humanity and universal values. In the face of these charges, he acts in a cowardly manner and tries to have the Chinese government and the law bear the responsibility. He does not even have the courage to face up to the charges, instead ordering a spokeswoman to clear up the mess.
Why are Falun Gong practitioners suing Jiang Zemin through judicial procedures overseas? Because Jiang Zemin and Luo Gan have turned the Chinese police system, the Procuratorate, and the courts into tools for their private use and they refuse to allow practitioners to seek protection for their rights through proper legal channels. They also will not allow any lawyer to defend Falun Gong practitioners. On August 25, 2000, two practitioners (Zhu Keming and Wang Jie) filed a lawsuit with China's Supreme Procuratorate and China's Supreme Court against Jiang Zemin, the then-head of the communist regime; Zeng Qinghong, head of the regime's Secretariat; and Luo Gan, head of the regime's Central Political and Judiciary Committee, for their unconstitutional and unlawful actions in the persecution of Falun Gong. In just over ten days, both practitioners were secretly arrested. One of them later died as a result of torture and the other was detained for five years and suffered brutal torture and injuries before his release.
During this persecution, practitioners are being deprived of the right to speak for themselves. In the face of such lawless conduct, practitioners around the world are standing up to seek justice in their own countries. There have been lawsuits filed against Jiang Zemin both in China and around the world. All these are the result of Jiang Zemin's criminal actions.
After four years of investigating the genocide of Falun Gong by the communist regime, Argentine Federal Court Judge Octavio Aráoz de Lamadrid made detailed comments in a 147-page legal document on the persecution of Falun Gong in China and the accused Chinese officials' role in the persecution. The judge wrote in the judgment, "The genocidal strategy...comprises a broad range of actions arranged in total contempt for life and human dignity... Torment, torture, disappearances, deaths, brainwashing, physical torture were everyday occurrences."
Taking Legal Action Against Jiang Zemin is Truly Protecting One's Relationship with China
In China, around 100 million people previously practiced Falun Gong, including people of all ages and all social strata. Falun Dafa had spread widely in China and was very popular. Because these 100 million people are being persecuted by Jiang Zemin and the communist regime, Argentina has taken a legal action against Jiang Zemin and stepped forward to stop the persecution of Falun Gong. This has demonstrated the Argentine people's support of the innocent Chinese people as well as their good will to maintain a friendly relationship with the Chinese people.
When Jiang Zemin and the communist regime refer to "China's relationship with the countries concerned," what they want is for people to turn a blind eye and a deaf ear to the sufferings of the Chinese people--even when people are losing their lives and their organs are being harvested--and they want people to still shake hands and talk merrily with them regardless of the atrocities they commit against the Chinese people.
Jiang Zemin views the principles of Truthfulness-Compassion-Forbearance as his enemy. He is a criminal who acts in opposition to accepted moral standards, engages in embezzlement and corruption, and sells China's territory. Jiang Zemin is in no position to represent China, which has a history of a five thousand years. The true relationship between China and other countries is the relationship between the Chinese people and other countries, not the relationship with Jiang Zemin as an individual. If you truly cherish a friendship with China and care about China as the Chinese people's China, then you will support the lawsuits against Jiang Zemin's evil clique. As the facts about Falun Gong and the persecution become even more widely known around the world, lawsuits against Jiang Zemin and his accomplices will become a touchstone to test the attitude of different countries towards the Chinese people and Jiang Zemin's clique.
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