Doe v Jiang Zemin, Bo Xilai, Lou Gan et al.
In Spain, HRLF is lead counsel on behalf of Falun Gong believers subjected to torture and genocide in China. HRLF Attorney Carlos Iglesias coordinated this case in Spain along with other staff members from HRLF. The case was heard before Judge D. Ismael Moreno in the Central Court for Preliminary Criminal Proceedings Number 2 of the National Spanish Court, and an indictment was issued on November 2, 2009. The defendants are charged with the crimes of genocide and torture, and the court exercised jurisdiction over the defendants under the principle of universal jurisdiction. The case is modeled on the Pinochet case, where the Spanish court recognized universal jurisdiction over some of the defendants. Judge Moreno admitted and relied upon important evidence submitted by HRLF, such as reports and witness testimony. He also indicted the defendants and authorized rogatory letters to be sent to each of the defendants in China, asking them to answer questions based on their involvement in the persecution. By court order, if any of these defendants sets foot in a country with which Spain has an extradition treaty, INTERPOL must detain and transport the defendant to Spain to stand trial for the atrocities committed. If the defendants are brought before the Spanish courts, they face possible criminal punishments of up to 20 years imprisonment, which punishment may be increased based on the number of victims and the commission of other criminal acts. The defendants may also be civilly liable to the victims for damages and their assets may be frozen as a result.
This historical judicial decision against high-ranking leaders of the Chinese Communist Party brings the Spanish Judicial system closer to achieving justice for all the victims who are followers of the spiritual belief Falun Gong in China and who have, since 1999, been subjected to crimes of genocide and persecution unfathomable in the 21st Century. At the same time, this decision further hems in those responsible for the crimes and brutal atrocities of the Chinese Communist dictatorship.
The defendants in the case are: Jiang Zemin, former President of China and Secretary of the Chinese Communist Party; Luo Gan, Coordinator of the 610 Office; Jia Qinglin, President of the Chinese People’s Political Consultative Conference; Bo Xila, former Chinese Minister of Commerce; and Wu Guanzheng, President of the Chinese Communist Party’s Disciplinary Commission.
© Human Rights Law Foundation 2010
DISCLAIMER: The information on this Web site is provided for general information purposes only. It is not intended as a substitute for professional advice and assistance from your lawyer. We recommend that you discuss your plans with your lawyer before proceeding with resolution of a legal matter.