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值得中国律师学习的起诉书: 诉江泽民\李岚清\罗干\刘京\王茂林损害赔偿两千万加元
Falungong v Jiangzeming statement of claim
Court File No. 04-CV-278915CM2
Issued on Nov. 15/2004
Ontario
SUPERIOR COURT OF JUSTICE
B E T W E E N :
KUNLUN ZHANG, SHENLI LIN, LIZHI HE,
TIANQI LI, CHANGZHEN SUN and NA GAN
Plaintiffs
- and -
JIANG ZEMIN, LI LANQING, LUO GAN, LIU JING and WANG MAOLIN
Defendants
STATEMENT OF CLAIM
TO THE DEFENDANTS
A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the Plaintiffs. The claim made against you is set out in the following pages.
IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Ontario lawyer acting for you must prepare a statement of defence in Form 18A prescribed by the Rules of Civil Procedure, serve it on the Plaintiffs lawyer, or where the Plaintiffs do not have a lawyer, serve it on the Plaintiffs, and file it, with proof of service, in this court office, WITHIN TWENTY DAYS after this statement of claim is served on you, if you are served in Ontario.
If you are served in another province or territory of Canada or in the United States of America, the period for serving and filing your statement of defence is forty days. If you are served outside Canada and the United States of America, the period is sixty days.
Instead of serving and filing a statement of defence, you may serve and file a notice of intent to defend in Form 18B prescribed by the Rules of Civil Procedure. This will entitle you to ten more days within which to serve and file your statement of defence.
IF YOU FAIL TO DEFEND THIS PROCEEDING, JUDGMENT MAY BE GIVEN AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. If you wish to defend this proceeding but are unable to pay the legal fees, legal aid may be available to you by contacting a local Legal Aid office.
Date: __________________ Issued by: _________________________
Court Office: 393 University Avenue, Toronto, Ontario M5G 1E6
TO: JIANG ZEMIN
Zhong Nan Hai
Beijing, 100017
People’s Republic of China
AND TO: LI LANQING
Zhong Nan Hai
Beijing, 100017
People’s Republic of China
AND TO: LUO GAN
Zhong Nan Hai
Beijing, 100017
People’s Republic of China
AND TO: LIU JING
Zhong Nan Hai
Beijing, 100017
People’s Republic of China
AND TO: WANG MAOLIN
Zhong Nan Hai
Beijing, 100017
People’s Republic of China
CLAIM
1. The Plaintiffs claim:
(a) General damages in the amount of $5,000,000;
(b) Special damages including past care costs, future care costs, loss of income and future loss of income, loss of property, presently estimated in the amount of $10,000,000;
(c) Punitive, aggravated and exemplary damages in the amount of $5,000,000;
(d) Pre-judgment and post-judgment interest pursuant to Sections 128 and 129 of The Courts of Justice Act, R.S.O. 1990, c. C. 43;
(e) Costs of this action on a substantial indemnity basis, and the Goods and Services Tax;
(f) Such further and other relief as this Honourable Court may deem just.
SUMMARY
2. This is an action for damages against the Defendants, being certain individuals who made all the key decisions and had control over how those decisions were carried out, to torture, persecute and terrorize the Plaintiffs. While the Defendants used, or more accurately abused, their positions as top officials of the Chinese Communist Party (“CCP”) and the government of the People’s Republic of China (“China”) to force the initiation and implementation of this campaign of terror, they did so contrary to and acting outside Chinese and international law and the legal authority of their offices. Thus, they acted in their private capacity and are not entitled to immunity from suit.
3. The Defendants used and abused their power in China to force or compel other members of the CCP and the Chinese government, through all levels of both throughout the country, to participate in the campaign of terror against the Plaintiffs. The Defendants employed threats, intimidation and rewards – all of which they had the power, more than any others in China, to carry out -- to compel others to execute their orders. The Defendants are thus primarily and directly responsible for the harm done to the Plaintiffs.
4. The Plaintiffs are named in this action with their given names first and their surnames second as is the custom in Canada where all Plaintiffs now reside. The Defendants and others residing in China are named in this action with their surnames first and their given names second, as is the custom in China. All references to Chinese language text or statements (laws, orders, statements of the Defendants and others carrying out the persecution, etc.) have been translated by the Plaintiffs into English.
5. All Plaintiffs were at all times material to this action, practitioners of Falun Gong, and are practitioners of Falun Gong to this day. This is the reason for their persecution and torture.
6. Falun Gong (also known as Falun Dafa), is an internationally recognized, peaceful, spiritual discipline devoted to the self-improvement of the body, mind and spirit through adherence to principles of “Truthfulness–Compassion–Forbearance” with roots in ancient Chinese culture. Falun Gong consists of practicing five sets of simple, gentle meditative exercises, and following the three principles in daily life.
7. The practice of Falun Gong in China spread quickly after its master teacher, Li Hongzhi, brought it to the public in 1992. It is estimated that about 100 million people in about 30 countries worldwide (most in China) were practicing Falun Gong as of July 1999. At that time Falun Gong had more practitioners in China than the Communist Party of China had members. And at that time, Jiang Zemin, then head of the CCP and Chairman of China, outlawed the practice of Falun Gong in China.
8. Thereafter, Jiang Zemin and the other Defendants led and orchestrated a systematic persecution of Falun Gong practitioners in China, which included detention in forced labour camps without trial, threats and intimidation, surveillance and wiretaps, public hate mongering, physical and psychological torture (including brainwashing techniques) designed to force practitioners to renounce Falun Gong and turn other practitioners in to authorities, taking and destruction of personal property, loss of employment and income, and separation from family and community. Torture of practitioners often resulted in severe injury, trauma and even death.
9. The nationwide Chinese policy established by Jiang Zemin and implemented by him and the other Defendants was the eradication of Falun Gong. Such eradication was to occur through forcefully securing practitioners’ renunciation of their spiritual beliefs (through persecution and torture), or through death (from torture or other means). The Falun Dafa Information Center (a volunteer-run not-for-profit corporation registered in the state of New York, which compiles, cross-checks and publishes information on the persecution of Falun Gong practitioners) has confirmed 1006 deaths of Falun Gong practitioners as a result of torture, from July 1999 to July 2004. The actual number of deaths of practitioners as a result of the persecution campaign might be much higher.
10. The persecution and torture in China continues to this day, along with tactics employed by the Defendants and other Chinese officials residing in Canada and other countries, which defame and instil fear and hate of Falun Gong practitioners including the Plaintiffs. The Plaintiffs continue to fear for their lives and their safety.
11. This claim is grounded in Canadian common law. The Defendants intentionally perpetrated against the Plaintiffs: forced and unlawful confinement, assault and battery, taking and/or destruction of property without right, economic interference, physical and psychological torture, defamation, severe mental and emotional distress.
12. Canadian common law is itself informed by and adheres to international human rights law, which the Plaintiffs hereby additionally plead and rely on. The acts of the Defendants as against the Plaintiffs are part of a systematic persecution by the Defendants of Falun Gong and its practitioners, constituting gross violations of fundamental human rights and international law, including:
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