"This is a defining moment in U.S. history" -- Dr. Terri Marsh

Dr. Terri Marsh, lead attorney for Falun Gong practitioners, discusses the lawsuit during a rally and exhibition in downtown Chicago.

Oral arguments for the case will be made this Thursday before the U.S. Court of Appeals for the 7th Circuit. (website)

PRESS STATEMENT

On May 27, 2004, the United States Court of Appeals for the 7th Circuit will decide if former foreign heads of state may use the "head-of-state" defense, typically limited to sitting heads of state, to shield themselves from civil responsibility for the alleged crimes of torture, genocide and crimes against humanity. To do so would in effect dismantle the framework established by the Nuremberg trials, the international treaties and instruments established in its wake, and remove whatever deterrents they create.

In two cases brought before U.S. federal courts, La Fontant v Aristide, 844 F. Supp. 128 (E.D.N.Y. 1994) and Tachonia v Mugabe, 234 F. Supp. 2d 401 (S.D.N.Y. 2002), the district courts dismissed alleged charges of torture and other human rights abuses against foreign leaders who were still in office. While the jury is still out on the status of sitting heads of state, insofar as the issue has not been addressed by the Supreme Court or even a Court of Appeals, to dismiss the case filed against the former President of China for alleged acts of genocide and torture against practitioners of Falun Gong would in effect permit heads of state to interpret the court's ruling as a license to commit genocide and torture with impunity.

If the 7th Circuit holds that former heads of state, like Defendant Jiang Zemin, are not immune from suit for alleged crimes of torture and genocide, the Court will still have to decide if the Defendant Jiang Zemin, who was served with legal papers during his quasi-official visit to the United States in October of 2002, when he was still officially (an albeit lame duck) head of state, is immune from service of process. In light of the precedent provided by numerous U.S. cases, which permit service upon U.S. sitting Presidents, it is hardly clear why, if the President of the United States is not above the law, why should the President of China be above the law? If President Clinton can be served with process, why exempt the President of China?

The argument proffered indirectly by the defendant, that service of process upon a foreign head of state renders our leaders vulnerable to retaliatory suits does not withstand careful scrutiny. Anyone who has committed criminal or civil offenses may be sued in a U.S. court of law. The dismissal of this case hardly safeguards our high-ranking officials from retaliatory suits, nor should it. No nation commits genocide or torture as an official sovereign act. It insults and demeans the dignity of all nations to permit high-ranking officials of any status or rank to shield themselves with a permanent impunity even after departure from office.

This is a defining moment in U.S. history. We have an opportunity to place ourselves on the right side of history. There is hope that we will rise to the challenge.

Dr. Marsh can be contacted at 202-369-4977.

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PRESS STATEMENT - May 26, 2004
Falun Dafa Information Center, www.faluninfo.net

Falun Gong, also known as Falun Dafa (about), is a practice of meditation and exercises with teachings based on the universal principle of "Truthfulness-Compassion-Tolerance." Practiced in over 50 countries world-wide, Falun Gong has roots in traditional Chinese culture. With government estimates of as many as 100 million practicing Falun Gong, China's Communist leader Jiang Zemin outlawed the peaceful practice in July 1999 (report). Since that time, Jiang's regime has intensified its propaganda campaign to turn public opinion against the practice while imprisoning, torturing and even murdering those who practice it. The Falun Dafa Information Center has verified details of 966 deaths (reports / sources) since the persecution of Falun Gong in China began in 1999. In October 2001, however, Government officials inside China reported that the actual death toll was well over 1,600. Expert sources now estimate that figure to be much higher. Hundreds of thousands have been detained, with more than 100,000 being sentenced to forced labor camps, typically without trial.

FOR MORE INFORMATION, PLEASE CONTACT THE FALUN DAFA INFORMATION CENTER
Contacts: Gail Rachlin (+1 917-757-9780), Levi Browde (+1 914-720-0963), Erping Zhang (+1 646-533-6147), or Christina Chai (+1 917-386-5068).
Fax: 646-792-3916 Email: , Website: http://www.faluninfo.net/