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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)接上页博讯www.peacehall.com
· The jus cogens norm against genocide
· The jus cogens norm against torture
· Articles 6 and 7 of the Rome Statute of the International Criminal Court, defining genocide and crimes against humanity (Canada implemented this through the Crimes Against Humanity and War Crimes Act in 2000)
· The United Nations Convention on the Prevention and Punishment of the Crime of Genocide
· The United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (and as a result of Article 4, requiring ratifying states to ensure that all acts of torture are offences under its criminal law, Canada added section 269.1 of the Criminal Code)
· The Universal Declaration of Human Rights (virtually all Articles)
· The United Nations Charter: preamble affirming fundamental human rights and the worth and dignity of the human person; Article 1 affirming respect for and promotion of equal rights and the obligation of member states to act accordingly; Articles 55 and 56 affirming universal respect for and observance of human rights and fundamental freedoms for all.
· The International Covenant on Civil and Political Rights:
o Article 6 prohibiting genocide
o Article 7 prohibiting torture and cruel, inhuman and degrading treatment
o Article 9 guaranteeing the right to liberty and security of the person and prohibiting arbitrary arrest or detention
o Article 14 guaranteeing a fair and public hearing and equality before courts and tribunals
o Article 15 prohibiting being held guilty for acts that do not constitute crimes
o Article 17 prohibiting arbitrary interference with privacy, family, home or correspondence
o Article 18 guaranteeing freedom of thought, conscience and religion
o Article 19 guaranteeing freedom of expression
o Article 21 guaranteeing the right of peaceful assembly
o Article 22 guaranteeing freedom of association
o Article 26 guaranteeing equality before the law and equal protection of the law
13. The Plaintiffs bring this action in Ontario for the following reasons, which the Plaintiffs assert constitute reason to ground jurisdiction in Ontario:
a. All Plaintiffs are currently residents of Ontario.
b. All Plaintiffs have sustained and continue to sustain damage in Ontario arising from torts committed by the Defendants, and thus rely on Rule 17.02(h) of the Rules of Civil Procedure of Ontario.
c. The Chinese legal and judicial systems, and all elements of China’s state apparatus and governance, at all levels, have been co-opted and employed by the Defendants in the persecution of Falun Gong, including of the Plaintiffs, and the Plaintiffs are unable to seek or obtain justice or remedy in China for the wrongs inflicted on them.
d. The persecution of Falun Gong continues to this day in China, and the Plaintiffs legitimately fear for their safety and lives should they return to China to pursue any claim there.
e. The very nature of this case – persecution and torture by those in positions of significant power, authority and influence – necessitates action in a jurisdiction where abuse of such power is not permitted to determine the outcome.
f. Article 14 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which states in part:
1. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation including the means for as full rehabilitation as possible…
2. Nothing in this Article shall affect any right of the victim or other person to compensation which may exist under national law.
OVERVIEW OF THE PLAINTIFFS
14. The Plaintiff Mr. Kunlun Zhang was a citizen of Canada at time of his detentions and torture in China, having returned to China on a temporary basis to care for a seriously ill relative. All the other Plaintiffs were citizens of China at the time of their detentions and torture in China. But two Plaintiffs, Mr. Shenli Lin and Mr. Lizhi He, had applied for immigration visas before their detentions and torture; both their applications were accepted, but unfortunately both were detained in China for the last time before they could leave for Canada on these visas. All the other Plaintiffs (Ms. Changzhen Sun, Ms. Na Gan and Mr. Tianqi Li,) had close family or friends permanently residing in Canada at the time and all made the decision some time after the persecution against them began to move to Canada as soon as they were able and eventually to attain Canadian citizenship, in order to join their family or friends here and to escape the persecution in China. Thereafter all these Plaintiffs moved to Canada as soon as they were able, attaining or pursuing to date either refugee or landed immigrant status.
15. The Plaintiff Mr. Kunlun Zhang was born on January 25, 1941, in Huantai County, Shandong province in China. He was a renowned sculptor and an associate professor of arts at Shandong Art University in China. He emigrated to Canada in 1989, became a landed immigrant in 1990, and became a Canadian citizen in 1995, taking a post as a visiting scholar at McGill University. His wife joined him in Canada in 1990, their two daughters arrived in Canada in 1992, and all have permanently resided in Canada since their arrival. Mr. Zhang returned to China in April 1996, on a temporary basis, to help care for his mother-in-law who was seriously ill. His mother-in-law remained alive but very ill until her death in 2000, requiring Mr. Zhang to stay in China during this period to care for her (his wife, who had landed immigrant status in Canada, was able to join him there later). During this stay, Mr. Zhang was arrested and detained without trial in China on five occasions beginning July 1999. He was sentenced to three years in labour camp in November 2000 and was released in January 2001 after intervention by the Canadian government, Amnesty International and others. He was then allowed to return home to Canada. While detained he was tortured. At the time of his torture he was a citizen of Canada, and is today. He currently resides with his wife in Ottawa, Ontario.
16. The Plaintiff Mr. Shenli Lin was born on November 16, 1954 in Shanghai, China. He was detained in China first in July 1999, again in December 1999, then again in January 2000 for a period of two years during which he was tortured. At the time of the torture he was a citizen of China, but he had applied for an immigration visa in June 1999 to move to Canada because his wife was a Canadian citizen (he had married Ms. Jinyu Li, who had emigrated from China to Canada in 1989 and attained Canadian citizenship in 1993, having met Ms. Li during her trip to visit her family in China in 1998). Mr. Lin’s visa application was accepted on or about January 25, 2000, two days after Mr. Lin was detained for the third time. After his release from a labour camp in January 2002, Mr. Lin emigrated to Canada to join his wife. As of January 21, 2004 he is a landed immigrant of Canada. He and his wife currently reside in Toronto, Ontario.
17. The Plaintiff Mr. Lizhi He was born on March 17, 1964 in Minqin County, Gansu Province, China. He was arrested and detained in China, first in March 2000, and the last time in July 2000 for a period of three and a half years. He was tortured while detained. He was a citizen of China at the time of the torture, but in 1999 he and his wife Li Zhang had applied for immigration visas to move to Canada, which were accepted on or about July 8, 2000. Shortly after this date Mr. He was detained for the last time in China. In May 2001, his wife left China to move to Canada, two days before her immigration visa would have expired. After his release from his final detention, Mr. He moved to Canada on or about May 21, 2004 to join his wife, at which time he became (and still is) a landed immigrant of Canada. He currently resides with his wife in Toronto, Ontario.
18. The Plaintiff Mr. Tianqi Li was born on August 7, 1946 in Shanghai, China. He was first detained in China in October 2000 for 10 months, then transferred to and detained in a forced labour camp for 14 months. He was tortured while detained. He was a citizen of China at the time of the torture, but came to Canada on or about November 22, 2003 on a visitor’s visa to join his close friend, Plaintiff Mr. Shenli Lin. He has applied for refugee status here, and his application is being processed. He currently resides in Toronto, Ontario with Shenli Lin and his wife.
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