[ofa-general] Torture case Won Against Chinese Commerce Minister in NSW Supreme Court

[hillhuge at yahoo.com.au]

Hi,

I am writting to forward you this recent news: Torture case Won Against Chinese Commerce Minister in NSW Supreme Court.
Please read the news below, and see the Judement Order from the case no. 11474/06. 
It is a significantly victory of human rights and justice. 
Also, the Spanish justice Orders Investigation of Crimes against Falun Gong in China
I send you this as I think you might be interested in this important news.

* For information of why people are still silent on this persecution,
please visit this video <<Set Them Free>>
http://youmaker.com/video/sv?id=b5fb07e2b962485e9f6f23190ffefdad002

* For information of what is Falun Dafa (Falun Gong), please visit 
http://falundafa.org, different languages are available for option.
please visit this video <<Falun Dafa is Good>>
http://youmaker.com/video/sv?id=ea48e182af1a46f5abe0d41d6336915b001 

* For information of why CCP persecute Falun Gong, please visit
http://TheEpochTimes.com or http://ninecommentaries.com
for <<9 Commentaries on CCP>>

Thank you.  
 
Faithfully,
 
Mr. Hill,

--------------------------------------- 
On Monday (5/11/07), the Supreme Court of NSW issued a default judgement against Chinese Minister of Commerce, 
Mr BO Xilai recognising his failure to provide a defense for the torture case brought against him by 
Sydney Falun Gong practitioner and Chinese labour camp survivor, Mr PAN Yu. 
 
This is the first won in a case against Bo Xilai, 58, who had been sued in over ten countries, including the USA,
the UK, Canada, Germany, and Ireland for his role in the persecution Falun Gong practitioners in China. 
Bo was served a Statement of Claim in person on 4 September 2007 in Canberra prior to the APEC forum.  
 
Another two similar cases are in the Supreme Court of NSW and are progressing towards similar judgements against 
former Chinese dictator Jiang Zemin, Luo Gan, the 6-10 ´Gestapo-like´ office and its head Chen Shaoji.  
 
"This is a win not only for all Chinese people and Falun Gong practitioners, but also a potent reminder of the 
currently opposing legal sytems between Australia and China, as still to this day, no lawyers in China are allowed 
to take on such cases. We are another step closer to the event of the perpetrators of the persecution of Falun Gong 
in China being brought to justice at an international level," said Mr Newton XU, legal assistant for the case. 
 
"As soon as the [40,000 watt electric] baton would make contact [with] me, I would lose control of my bodily functions, 
rendering me incontinent. They also applied the electric baton to my face and my head, which made me feel as 
though I wanted to die, but I would just hold on. In the end, they applied the baton to the most sensitive spot on my 
inner leg. The pain was indescribable," said Mr PAN in a testimony of his ordeal. 
 
As Governor of Liaoning Province in 2000, Bo Xilai played a pivotal role in the campaign of eradication directed against 
Falun Gong practitioners. The persecution of Falun Gong in Liaoning is severe, with at least 373 known cases of deaths 
of Falun Gong practitioners confirmed - 

-----------------------------------------
Spanish justice Orders Investigation of Crimes against Falun Gong in China


The Constitutional Court accepted the case against Jiang Zemin and Luo Gan,
which is added to the cases of Jia Qinglin and Wu Guanzheng, already under
investigation by the National Audience of Spain


Notification has being received of the sentence decreed by the highest Court
of Spain in constitutional matters, the Spanish Constitutional Tribunal, has 
recently accepted the case of Falun Gong, admitting the resource of 
constitutional shelter interposed by the victims and all the judges from the
Second Room unanimously deciding that the Courts of Spain must investigate 
the genocide against Falun Gong denounced by victims in the complaint 
presented 15 October, 2003. The road to justice against the crimes committed
by the Chinese communist Party against the spiritual movement Falun form 
Gong in China begins.



Each and every one of the six judges from the Second Room have accepted the
expedient presented by the lawyer of the victims and have declared Jiang
Zemin and Luo Gan will have to be investigated by the Courts of Spain for 
the crimes of genocide and torture of which they have been accused by the
victims of these horrible crimes against the humanity.


This way Jiang Zemin and Luo Gan's case will be join to the cases of Jia 
Qinglin and Wu Guanzheng that already are being investigated by the National
Hearing of Spain, being accused of the very serious crimes of genocide and 
tortures against Falun Gong Practitioners in China. Spain and its Justice 
system this way Spain becomes the first European country that takes a strong
step forward and in defense of the human rights of the Chinese citizens who 
are brutally persecuted by the Chinese communist party.


15 October, 2003, fifteen genocide victims interpose a criminal complaint
against Chinese Ex-president Jiang Zemin and Luo Gan, vice director and true 
brain of Chinese Gestapo created with the name of office of control of Falun 
Gong denominated 6/10. Both were accused by means of complaint in the penal
scope, of the crimes of genocide and tortures against hundreds of thousands 
of medical instructors of spiritual education Chinese Falun Gong, as well as 
to devise and to plan the true extermination of the practice of Falun Gong
and all its practitioners, who already in year 1999 were considered in a 
number near the 100 million Chinese citizens.


In concrete Jiang Zemin with the direct support of the Chinese communist 
Party's members and using his Presidential status as president of China and
his direct control of the Chinese government ordered a ferocious and brutal 
and illegal persecution against Falun Gong Practitioners and against the 
Chinese Constitution, giving instructions to the Chinese Polit Bureau in
April of 1999 three very concrete slogans that are identified and will be 
part of the history that clearly define genocide: "defame the practitioners" 
"Bankrupt them financially" "Eliminate them physically".


These orders were issued by the dictator of the Chinese communist party, to 
carry out the greater genocide in the history of humanity, were coordinated 
by Luo Gan, Vise-Director and coordinator of office 6/10 office designated
the Falun Gong control office, an illegal organization created in the margin 
of the Chinese official institutions, that acted in a bloody way across the 
Chinese territory arresting illegally thousands of Falun Gong practitioners,
locking them up in forced labor camps where they were and are being tortured 
to death trying to make them "resign their beliefs" by means of the so call 
"repentance declarations".


This genocide has been possible with the collaboration of the Chinese 
communist Party through all its public institutions that have been illegally
used with the aim to persecute, to exterminate millions honest Chinese 
citizens Falun Gong practitioners in China.


The official Chinese mass media, centers of appeals, police and their own
Chinese Courts, all have been used by the Chinese communist party and Jiang
Zemin for genocidal criminal aims against Falun Gong, serving as accomplices 
of this cruelty and this extreme barbarism.

More than eight years of persecution have passed, Justice begins to awake
and the people responsible of these crimes will have to respond before her
to avoid impunity. 

Under the universal principle of justice Spain will serve justice against
Jiang Zemin in the case of Falun Gong and thus gives hope to the victims of 
the genocide against Falun Gong.


At present four Chinese leaders in Spain are under investigation. 

 

The crimes of Jiang Zemin, Luo Gan, Jia Qinglin and Wu Wangzhen are under
investigation by the National Tribunal of Spain. This opens the road to
investigation and the petitions of the lawyer of the victims for the 
defendants to be made available to the Spanish Justice System. Until now
Jiang Zemin has escaped justice in numerous countries protected as his Ex-
President, and diplomatic immunity, but this has not served him in Spain, 
since no high political agent chief executive of a country can assassinate
with impunity, commit torture acts or exert his power to impose the terror
amongst his honest citizens.


These acts, are acts committed personally and marginally in his position as 
President and therefore he will have to respond personally for them. No
President has as part of his duties the assassination or torture of his own 
citizens. Jiang Zemin has done it and for that reason will not escape 
Justice in Spain.

The Spanish constitutional court admits Falun Gong's case 


The complaint interposed in 2003 against Jiang and Luo Gan was rejected by 
the National Hearing of Spain and Spain's Supreme Court under the 
circumstances that victims of Spanish nationality in this genocide did not
exist, and when these Courts demanded to admit the competition of the
Spanish Courts and Tribunals that bond of nationality the complaint was 
denied. Nevertheless the victim's lawyer of the went to the highest Spanish
Court in constitutional matters, the Constitutional Court who by means of a 
sentence and a historical decision manifested a direct way in the  terrible 
crimes as the genocide and the tortures, not only is affected a state or
actual victims, but really  they are crimes and that by their cruelty affect 
all the international community, all of the world countries, which are 
forced to prevent and to sanction the crime of genocide, even though there
are no victims of his own no country. It is what is called the principle of 
universal jurisdiction, universal justice.

This principle of universal justice must be considered absolute and it mustn't 
be limited by interests or national bonds, since we are before crimes of
such gravity that their persecution force all States, and the Spanish
constitutional Court says that the criterion of the victims nationality 
cannot limit the universal aspiration to persecute the crime of genocide,
crime of international right.

.

The Spanish constitutional Court highlights the fact that the "China has not 
ratified the Statute of Rome that approved the Penal International Court " 
which without a doubt gives evidence of the necessity that other countries
can do justice in this genocide against Falun Gong, given the material 
impossibility that these crimes are investigated in China when the lawyer 
for Falun Gong alleges that the Chinese communist party high levels are
involved in this persecution.

Universal justice must be applied and therefore the defendants Jiang Zemin
and Luo Gan will be investigated by the Spanish Justice System. 


The six magistrates from the Second Room of the Spanish Constitutional Court
unanimously decide to accept the recourse and to grant constitutional
shelter, the right of victims to complain that the Falun Gong case is 
investigated by the Spanish justice System.


The steps taken in this investigation from now on will go directed by the
victims own defense with their lawyer and the Office of the public
prosecutor in order to investigate these crimes and try to obtain that the 
people in charge of these crimes respond before the Spanish Justice System
and are seated before the prisoners' dock facing the a jail term of up to
twenty years according to article 290 of the Spanish Penal Code. 


To achieve this the use of international legal mechanisms like extradition
in the case that any of these people travel from China to other countries 
they can be stopped by the international police, the INTERPOL or the FBI and 
be send to the Spanish justice System to be placed before the Spanish judges
and seated in the prisoners' dock.


The road is open to expose the truth of the Falun Gong case and the way to
defend the victims is opened, no crime must be unpunished and Jiang Zemin, 
Luo Gan, Jia Qinglin, Wu Wanzheng and all those that have taken part in this
terrible genocide must know that the hour of justice approaches fast and
effectively, and Spain is ready so that they respond for their crimes. 
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