JOSHUA SONDHEIMER, Esq. (SBN 152000)
The Center for Justice & Accountability
870 Market Street, Suite 684
San Francisco, CA 94102
Tel: (415) 544-0444
Fax: (415) 544-0456
Terri Marsh, Esq.
3133 Connecticut Ave., N.W., Suite 608
Washington, D.C. 20008
Tel: (202) 369-4977
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Plaintiffs Jane Doe I, Jane Doe II, Helene Petit, Martin Larsson,
Leeshai Lemish, and Roland Odar (collectively “Plaintiffs”) allege as follows:
PRELIMINARY
STATEMENT
1.
This is a civil
action for compensatory and punitive damages for torts committed in violation of
international and domestic law.
Plaintiffs in this action -- citizens of the People’s Republic of China,
United States, Sweden, Australia, Germany, Canada, and France -- are
practitioners of Falun Gong (or “Wheel of the
Law,” also known as Falun Dafa), a
spiritual practice that blends aspects of
Taoism, Buddhism, and the meditation techniques of qigong (a traditional martial
art) with the teachings of Li Hongzhi, who was forced to leave China under
threat of arrest in 1998. Falun
Gong has a broad base of appeal
among persons in all walks of life both in China and internationally. Plaintiffs each were subjected to
arbitrary detention, cruel, inhuman and degrading treatment and/or torture by
Beijing police or other security forces after appearing at peaceful gatherings
in 2000 or 2001 in Beijing’s Tienanmen Square in support of Falun Gong and its
practitioners.
2.
This action is
instituted against Defendant Liu Qi, the Mayor of Beijing since February
1999. Defendant Liu Qi planned,
instigated, ordered, authorized, or incited police and other security forces to
commit the abuses suffered by Plaintiffs, and had command or superior
responsibility over, controlled, or aided and abetted such forces in their
commission of such abuses. The acts
alleged herein against Plaintiffs were carried out in the context of a
nationwide crackdown against Falun Gong practitioners. Police and other security forces in
Beijing, and throughout the People’s Republic of China, have engaged in a
widespread or systematic campaign against Falun Gong practitioners, marked by a
pattern and practice of violations including but not limited to extrajudicial
killing; arbitrary detention; torture; cruel, inhuman and degrading treatment;
forced labor; the denial and violation of other fundamental rights and
liberties, including freedom of religion and belief, speech, association, and
assembly; and interference with practitioners’ family relationships, employment,
and education.
JURISDICTION
3. Plaintiffs assert violations of customary international law, including the prohibition of torture, other cruel, inhuman or degrading treatment, arbitrary detention, crimes against humanity, and interference with freedom of religion and belief, and of the prohibition on torture under the Torture Victim Protection Act (“TVPA”), Pub. L. No. 102-256, 106 Stat. 73 (1992) (codified at 28 U.S.C. 1350 note). Accordingly, this Court has jurisdiction over this action based on 28 U.S.C. § 1350 (known as the Alien Tort Claims Act, or “ATCA”), and 28 U.S.C. § 1331.
4.
Venue is proper in
the United States District Court for
the Northern District of California pursuant to 28 U.S.C. § 1391(d) and/or
(b).
PARTIES
Defendant
5. On information and belief, Defendant Liu Qi is a citizen and resident of the People’s Republic of China. Defendant Liu has served as the Mayor of Beijing of the People’s Republic of China since February 1999. In his position as Mayor, Defendant Liu exercises executive authority over police and security forces operating in Beijing, including authority to set policy, control management of security affairs, and to appoint, remove, and discipline police and security personnel.
Plaintiffs
6. Jane Doe I is a citizen of the People's Republic of China and a resident of the United States.
7. Jane Doe II is a citizen of the People’s Republic of China and currently resides as a political asylee in the United States.
8. Helene Petit is a citizen and resident of France.
9. Martin Larsson is a citizen of Sweden, and currently resides in the United States.
10. Leeshai Lemish is a citizen of Israel and the United States, and currently resides in the United States.
11. Roland Odar is a citizen and resident of Sweden.
12. Each Plaintiff is a Falun Gong practitioner.
STATEMENT OF FACTS
Plaintiff Jane Doe
I
13.
Jane Doe I was born
and raised in the People’s Republic
of China. In May 2000, Jane
Doe I went to Beijing to appeal the arbitrary arrests, detentions, and
torture of Falun Gong practitioners.
While in Tienanmen Square, Jane Doe I witnessed a police officer
kicking a young man who was lying on the ground. When she asked the officer to stop, she
also was arrested and beaten so hard that she lost her breath. She was brought to a Beijing district
detention center, and held without charge or opportunity to see a family member
or lawyer for twenty days.
14.
In the detention
center, Jane Doe I was interrogated daily, in sessions lasting three and a half
hours. She was repeatedly beaten
during these sessions, and on at least one occasion tortured with electric
shocks through needles placed in her body.
On one occasion, guards allowed another prisoner to repeatedly hit Jane
Doe I in the head. She had to be
dragged out of the interrogation room to her cell. Other prisoners cried upon seeing her
condition as she was dragged past their cells.
15.
During this period
of beatings and other torture, Jane Doe I lost her ability to eat, though she
was not on a hunger strike. She was
taken to another location where she was held forcibly and force-fed through a
tube placed into her nose and down to her stomach. The tube was churned in her stomach,
causing her unbearable pain and discomfort. After this experience, Jane Doe I began
coughing blood.
16.
After being
released to her home in another city, Jane Doe I remained subject to constant
surveillance, and to further arrests and interrogation.
She fled China, and presently resides in the United
States.
Plaintiff
Jane Doe II
17.
Plaintiff Jane Doe
II was born and raised in the People’s Republic of China. In July 1999, she traveled to the city of Beijing to appeal to the Chinese
government on behalf of practitioners who had been arbitrarily arrested and
sentenced by their government. She
was arrested without being advised of any charges against her, and was refused
any opportunity to contact family or legal counsel. The arresting officer searched her, and
confiscated her Falun Gong books.
She was then taken to a stadium with thousands of other practitioners,
where guards attempted to force the
practitioners to renounce their spiritual beliefs. Jane Doe II was then returned to her
hometown in handcuffs and detained there for three days, still without
charge.
18.
In May 2000, Jane
Doe II returned to Beijing to appeal her government’s unlawful persecution of
Falun Gong. She was arrested at a
demonstration in Tienanmen Square after she called out to protest the police for
beating another practitioner at the demonstration. Police officers repeatedly slapped her
in the face and on her ears, causing her to temporarily lose her hearing. The police kicked her frequently with
their boots as they transported her to the Tienanmen Square police
station.
19.
Jane Doe II was
detained until later that evening at the Tienanmen Police Station, along with
approximately 100 other
practitioners, including three elderly practitioners who appeared over 70 years
old, and a 6-year old child. She
and many of the other arrested practitioners were denied access to toilet
facilities for over eleven hours.
They were taunted by guards who made statements such as: “Aren’t you talking about
forbearance? I will find out how
long you can forebear.”
20.
That night Jane Doe
II was sent to a Beijing police department facility. She was beaten for one hour. Four female officers pulled her hair and
hit her head against the floor.
They kicked her in the head and chest, causing her to lose
consciousness. When she regained
consciousness, her clothing had been stripped. At some point, she noticed purple and
black bruises all over her body. At
this station, she also witnessed the
condition of other detainees abused there: a close friend of hers was beaten or
sexually assaulted in her vaginal area, causing the friend to hemorrhage. The practitioners demanded that this
woman receive medical treatment, but that request was
denied.
21.
One day, Jane Doe
II and another practitioner were called out by name. Several guards took her into another
room, tied her down to a bed, and began interrogating her. When she refused to answer, they
inserted a tube through her nose,
causing her severe pain, and pumped a liquid into the
tube.
22.
In protest over her
treatment, Jane Doe II began a hunger strike, and was then sent to a Beijing
psychiatric hospital. At the
hospital, a thick and hard plastic tube was again inserted into her nose,
causing her excruciating pain, and she was force-fed through the tube. Jane Doe II remained under Beijing
police custody for eleven days, whereupon officials in Beijing released her to a detention center in
her home province, fully aware of what she would have to endure
there.
23. Jane Doe II was held in detention in Beijing for approximately eleven days. She was never charged with or tried for any offense. At one point during her detention, Jane Doe I asked to see an attorney. Her guards refused, and she was taunted for making the request.
24.
Jane Doe II was
returned from the psychiatric hospital to a local police station in her home
town. There she was interrogated
continuously for over 24 hours, being asked to reveal the names of other
practitioners. She was sent to
another detention center for a 15-day period. She was placed in a cell with other
inmates. There, a guard allowed one
of her cellmates to beat her severely in exchange for a reduced sentence. The beating was so severe that the
guards were obliged to remove her from the cell after twenty
minutes.
25. Suffering further persecution even after being released from detention, Jane Doe II fled from China, and received political asylum in the United States.
Plaintiff
Helen Petit
26. Helen Petit is a citizen of France, where she works as a financial project assistant for an international clinic research firm. On November 20, 2001, she was detained soon after she began to meditate with a group of other Falun Gong practitioners in Tienanmen Square. While being detained, she was strangled by a police officer. She and other practitioners arrested there were taken to a police station close to Tienanmen Square. In police custody, Plaintiff Petit was physically assaulted by Chinese police officers. When officers tried to separate her and a friend from other western practitioners who also had been arrested, she and the friend were thrown down a flight of stairs. Later, after her mobile phone rang, six officers threw themselves on her, bruising her legs and arms, attempting to take the phone from her. One of the officers attempted to force his hands into her vagina while she was being held down. Ms. Petit was never advised that she had been charged with any offense, and was not permitted to contact her embassy or consult with legal counsel. After being detained for 24 hours or more, Plaintiff Petit was deported back to France.
Plaintiff
Martin Larsson
27. Martin Larsson is a citizen of Sweden and a student at a university in the United States. On November 20th, 2001, Plaintiff Larsson also was detained in Tienanmen Square after beginning to meditate with other western practitioners. Though he did not resist arrest in any way, police officers used force when detaining him. Plaintiff Larsson was taken with other western Falun Gong practitioners to the same police station close to Tienanmen Square. After being repeatedly interrogated and moved between different rooms and cells, the group was taken to a hotel near the Beijing airport which seemed to be operated by the police. There, Plaintiff Larsson was separated from the group and taken to a separate room. After refusing to sign a document written in Chinese, which Larsson did not understand, and resisting having his photo taken, two police officers grabbed each of his arms and bent and locked them behind his back, while a third officer pulled his hair back in an attempt to take pictures of him. They continued to grip him in this way as a forth officer placed him in a chokehold. The officers also hit and pushed Larsson as they tried several times to take his photograph. After a virtually sleepless night due to frequent interruptions by guards, Plaintiff Larsson was deported to Sweden the following day. During his detention, Plaintiff Larsson was never informed of any charges against him, and was not permitted access to legal counsel or to contact his Embassy.
Plaintiff
Leeshai Lemish
28. Leeshai Lemish is a citizen of Israel and the United States, and currently is a college student in the United States. Plaintiff Lemish also was arrested as he began to meditate in Tienanmen Square on November 20, 2001, and taken to the police station near Tienanmen Square. After attempting to protect one of the detainees being abused by a police officer, Plaintiff Lemish was taken to a small interrogation room and beaten by an officer. The officer hit Plaintiff Lemish across the face, grabbed his shoulders and kneed him in the crotch. The officer pinched Plaintiff Lemish’s nose between his fingers, and made threatening gestures. He then ordered Plaintiff Lemish to get down on the floor so he could be beaten with greater force. The officer relented when Plaintiff Lemish refused. Plaintiff Lemish was never charged with any offense, and was refused any contact with his Embassies upon his request, or to legal counsel. He was interrogated repeatedly during his detention, and prevented from sleeping. After having been detained for some 27 hours, Plaintiff Lemish was put on a flight to Vancouver.
Plaintiff
Roland Odar
29.
Roland Odar is a citizen and resident of Sweden. On November 20, 2001, soon after he and
other Plaintiffs had unfurled a banner stating “Falun Dafa is Good,” they were
surrounded by police cars and police officers. The officers dragged him over asphalt
and placed him in a mini van. From
the mini van, he watched as the officers hit another practitioner in the face as
they forced him into the van.
Plaintiff Odar then also was hit several times in the face, causing him
to fall backwards onto the floor of the minivan. As he lay on the floor of the van, a
number of officers kicked and hit him all over his body. Plaintiff Odar was taken to the police
station and airport hotel and interrogated. He was never informed of any charges
against him, permitted to call his Embassy, or provided access to legal
counsel. He was deported the
following day to Sweden.
GENERAL
ALLEGATIONS
30.
In July 1999,
Chinese President Jiang Zemin and other high ranking officials of the People’s
Republic of China, issued orders and statements declaring Falun Gong to be an
illegal organization. These acts
initiated the widespread governmental crackdown against Falun Gong. In October 1999, the Chinese national
legislature, the People’s Congress, passed a series of laws outlawing “cults,”
which they defined to include Falun Gong.
31.
The Chinese
government’s crackdown on Falun Gong has involved a severe campaign of
repression and human rights abuses.
Tens of thousands have been detained solely for their participation in
the Falun Gong. Thousands of
practitioners have been the victims of brutal beatings and other forms of
torture, including torture by electric shock, while in the custody of the
Chinese police. Many practitioners
have died while in police custody.
The bodies of victims often reveal torture, or have been cremated before
relatives or medical practitioners could examine them. At least five thousand practitioners
have been detained and sent to labor camps for “re-education” without
trial. These camps often involve
harsh conditions, torture, and other humiliations and deprivations. Practitioners have been confined in
psychiatric institutions and repeatedly injected with nerve-damaging
drugs.
32.
The city of Beijing
has been a focal point of the repression and persecution against the Falun Gong
since mid‑1999. Practitioners have
frequently held peaceful assemblies and demonstrations in Tienanmen Square,
Beijing’s -- and the country’s – main public square, to show support for Falun
Gong and fellow practitioners, to meditate, to appeal to the government to end repression
against the Falun Gong, or to protest the government’s repressive measures. Beijing police and other security forces
have repeatedly detained and tortured Falun Gong practitioners participating in
such assemblies or demonstrations.
The Beijing police and security personnel in police precincts and
detention centers frequently use excessive force in conducting arrests. In some police precincts and detention
centers in Beijing, police have allowed other inmates to beat Falun Gong
practitioners, apparently in exchange for reductions in the inmates’
sentences. Beijing police have used
beatings, electric clubs, electric needles, shackles, starvation, and other
forms of torture and humiliation to terrorize practitioners and, in many
instances, to extract information, confessions, and disavowals of belief in
Falun Gong practices and principles.
33.
Abuses being
committed by police and security forces in Beijing against Falun Gong have been
widely reported in national or international media, by the United States and
other governments, and by human rights, religious, and other organizations. Defendant Liu knew or reasonably should
have known that Beijing police and other security forces were engaged in a
pattern and practice of severe human rights abuses against Falun Gong
practitioners.
34. Defendant Liu has served as Mayor of Beijing during the entire period during which Beijing police and other security forces have engaged in severe abuses against Falun Gong practitioners. Under customary international law and Chinese law, Defendant Liu had a duty to prevent police and other security forces under his authority from engaging in abuses of the rights of citizens and visitors in Beijing. Additionally, Defendant Lui was under a duty to investigate, prevent and punish violations of customary international law committed by members of the police and other security forces under his authority.
35. As the Mayor of the city of Beijing, Defendant Liu held and holds the power not only to formulate all important provincial policies and policy decisions, but also to supervise, direct and lead the executive branch of the city government, which includes the operation of the Public Security Bureau of Beijing, under which the police operate, and other security forces. According to Sections 3 and 6 of, Article 59 of the Laws Governing the Organizations of Local People’s Congresses and Governments at Various Levels in The People’s Republic of China (“LGO”), the Mayor, as the head of the government above the county level, has the authority and duty “to alter or annul inappropriate decisions and orders issued by local organs of state administration at various levels, or instructions made by governmental agencies under its administrative power” and “the authority and duty to safeguard . . . citizen’s lawful property, social order, protect citizen’s human rights, democratic rights, and other rights.” In addition, Sections 5 and 6 of Article 59 of the LGO and Chapter 3, Section 5, of Article 107 of the Constitution of the People’s Republic of China give the Mayor the authority and duty “to appoint, remove . . . examine, reward and punish staff members in the state administrative organs” and “to manage . . . civil affairs, public security, judiciary administration, supervision within [the Mayor’s] own administrative area.”
36.
At all times
relevant hereto, on information and belief, Beijing police and jail personnel
acted under the management, command, and supervisory authority of Defendant
Liu.
37.
Defendant Lui has
failed to comply with his responsibility under international and Chinese law to
take reasonable measures to stop or prevent the pattern and practice of ongoing
human rights violations against the Falun Gong practitioners by Beijing police
and security forces. To the
contrary, Defendant Liu has authorized and supported a harsh crackdown against
the Falun Gong. Defendant Liu said recently
that China must “crush Falun Gong.”
Defendant Liu planned, instigated,
ordered, authorized, or incited police and other security forces to commit the
abuses suffered by Plaintiffs, and had command or superior responsibility over,
controlled, or aided and abetted such forces in their commission of such
abuses.
Absence
of Remedies in the People’s Republic of China
38.
In light of the
repressive actions and policies of
the Chinese government described above, and the control exerted over the Chinese
judiciary by its executive authorities, there are no adequate and available
remedies for Plaintiffs’ claims in the People’s Republic of China. The Chinese government has issued an
ordinance prohibiting attorneys from engaging in legal advocacy on behalf of
practitioners. A suit in Chinese
courts would be futile and could result in serious reprisals against those
raising the allegations as well as their attorneys.
FIRST CLAIM FOR RELIEF
(Torture under the TVPA and
ATCA)
(Plaintiffs Jane Does I and
II)
39. Plaintiffs re-allege and incorporate by reference the allegations set forth in paragraphs 1 through 25, and 30 through 38 of this Complaint as if fully set forth herein.
40.
The acts inflicted
against Plaintiffs Jane Doe I and Jane Doe II were inflicted by and/or at the
instigation, under the control or authority, or with the consent or acquiescence
of a public official or other person acting in an official
capacity.
41.
The acts described
herein-placed Plaintiffs Jane Doe I
and Jane Doe II in imminent fear for
their lives and caused them to suffer severe physical and mental pain and
suffering.
42.
The acts described
herein were inflicted deliberately
and intentionally for purposes that include, among others, obtaining information
or a confession, punishing the
victim, intimidating the victim or a third person, or discrimination against
Falun Gong practitioners.
43.
The acts described
herein constitute torture in violation of the Torture Victim Protection Act
(“TVPA”), Pub. L. No. 102-256, 106 Stat. 73 (1992) (codified at 28 U.S.C.
1350 note), and constitute “tort[s] … committed in violation of the
law of nations or a treaty of the United States” under the Alien Tort Claims
Act, 28 U.S.C. § 1350, in that the acts violated customary international law prohibiting
torture as reflected, expressed, and defined in multilateral treaties and other international
instruments, international and domestic judicial decisions, and other
authorities.
44.
Defendant Liu
planned, instigated, ordered, authorized, or incited police and other security
forces to commit the abuses suffered by Plaintiffs, and had command or superior
responsibility over, controlled, or aided and abetted such forces in their
commission of such abuses.
45.
As a result of the
torture described above, Plaintiffs Jane Doe I and Jane Doe II have been
damaged and are entitled to
compensation in amounts to be determined at trial.
46. Defendant’s acts and omissions were deliberate, willful, intentional, wanton, malicious and oppressive, and should be punished by an award of punitive damages in an amount to be determined at trial.
SECOND CLAIM FOR RELIEF
(Cruel, Inhuman or Degrading Treatment --
ATCA)
47.
Plaintiffs
re-allege and incorporate by reference the allegations set forth in paragraphs 1
through 38 of this Complaint as if fully set forth herein.
48.
The acts inflicted
against Plaintiffs were inflicted by and/or at the instigation, under the
control or authority, or with the consent or acquiescence of a public official
or other person acting in an official capacity.
49.
The acts described
herein had the intent and effect of grossly humiliating and debasing the
Plaintiffs, by among other things, forcing or attempting to force them to act
against their will or conscience, inciting fear and anguish, and breaking
physical and moral resistance, and/or forcing or leading them to leave their
home country or families. As an
intended result of these acts, Plaintiffs were placed in great fear for their
lives or physical safety, suffered severe physical and psychological abuse and
agony.
50. These acts described herein constitute “tort[s] … committed in violation of the law of nations or a treaty of the United States” under the Alien Tort Claims Act, 28 U.S.C. § 1350, in that the acts against Plaintiffs violated customary international law prohibiting cruel, inhuman or degrading treatment as reflected, expressed, and defined in multilateral treaties and other international instruments, decisions of national and international judicial bodies, and other authorities.
51.
Defendant Liu
planned, instigated, ordered, authorized, or incited police and other security
forces to commit the abuses suffered by Plaintiffs, and had command or superior
responsibility over, controlled, or aided and abetted such forces in their
commission of such abuses.
52.
As a result of the
acts constituting cruel, inhuman or degrading treatment described above,
Plaintiffs have been damaged and are
entitled to compensation in amounts to be determined at
trial.
53. Defendant’s acts and omissions were deliberate, willful, intentional, wanton, malicious and oppressive, and should be punished by an award of punitive damages in an amount to be determined at trial.
THIRD CLAIM FOR RELIEF
(Arbitrary Detention --
ATCA)
54.
Plaintiffs
re-allege and incorporate by reference the allegations set forth in paragraphs 1
through 38 of this Complaint as if fully set forth herein.
55.
The acts inflicted
against Plaintiffs were inflicted by and/or at the instigation, under the
control or authority, or with the consent or acquiescence of a public official
or other person acting in an official capacity.
56.
Defendant and
Defendant’s subordinates and agents detained Plaintiffs or caused Plaintiffs to
be detained without a warrant, probable cause, articulable suspicion, or notice
of charges; and failed to accord them due process or any legal, consular, or
familial protection and support.
57.
Defendant’s acts
constitute “tort[s] … committed in violation of the law of nations or a
treaty of the United States” under the Alien Tort Claims Act, 28 U.S.C.
§ 1350, in that the acts against Plaintiffs violated customary
international law prohibiting arbitrary detention as reflected, expressed, and
defined in multilateral treaties and other
international instruments, international and domestic judicial decisions, and
other authorities.
58.
Defendant Liu
planned, instigated, ordered, authorized, or incited police and other security
forces to commit the abuses suffered by Plaintiffs, and had command or superior
responsibility over, controlled, or aided and abetted such forces in their
commission of such abuses.
59.
The acts
constituting arbitrary detention described above, placed Plaintiffs in imminent
fear for their lives, and caused them to suffer severe physical and mental pain
and suffering. As a result of these
acts of arbitrary detention, Plaintiffs have been damaged and are entitled to compensation in amounts to
be determined at trial.
60.
Defendant’s acts
and omissions were deliberate, willful, intentional, wanton, malicious
and oppressive, and should be
punished by an award of punitive damages in an amount to be determined at
trial.
FOURTH CLAIM FOR RELIEF
(Crimes Against Humanity --
ATCA)
61.
Plaintiffs
re-allege and incorporate by reference the allegations set forth in paragraphs 1
through 38 of this Complaint as if fully set forth herein.
62. The abuses committed against Plaintiffs described herein also constituted persecution against an identifiable group based on political, cultural, or religious status, and were committed in the context of a widespread or systematic attack against a civilian population. Defendant Liu planned, instigated, ordered, authorized, or incited police and other security forces to commit the abuses suffered by Plaintiffs, and had command or superior responsibility over, controlled, or aided and abetted such forces in their commission of such abuses, and knew or should have known that such acts or omissions were committed in the context of a widespread or systematic attack against a civilian population.
63. Defendant’s acts constitute “tort[s] … committed in violation of the law of nations or a treaty of the United States” under the Alien Tort Claims Act, 28 U.S.C. § 1350, in that the acts against Plaintiffs violated customary international law prohibiting crimes against humanity as reflected, expressed, and defined in multilateral treaties and other international instruments, international and domestic judicial decisions, and other authorities.
64.
The acts
constituting arbitrary detention described above, placed Plaintiffs in imminent
fear for their lives, and caused them to suffer severe physical and mental pain
and suffering. As a result of these
acts of arbitrary detention, Plaintiffs have been damaged and are entitled to compensation in amounts to
be determined at trial.
65.
Defendant’s acts
and omissions were deliberate, willful, intentional, wanton, malicious
and oppressive, and should be
punished by an award of punitive damages in an amount to be determined at
trial.
FIFTH CLAIM FOR RELIEF
(Interference with Freedom of Religion
and Belief -- ATCA)
66.
Plaintiffs
re-allege and incorporate by reference the allegations set forth in paragraphs 1
through 38 of this Complaint as if fully set forth herein.
67. The arbitrary arrests, detention and physical abuse suffered by Plaintiffs as a result of their affiliation with the Falun Gong spiritual practice and discipline constitutes a serious interference with their right to freedom of religion and belief.
68. The interferences with Plaintiffs’ right to freedom of religion and belief constitute “tort[s] … committed in violation of the law of nations or a treaty of the United States” according to the Alien Tort Claims Act, 28 U.S.C. § 1350, in that they constitute violations of customary international law protecting the right to freedom of religion and belief as reflected, expressed, defined and codified in multilateral treaties and other international instruments, international and domestic judicial decisions, and other authorities.
69.
Plaintiffs were subjected to arbitrary arrests, detention and
physical abuse as a result of their practice and expression of belief in the
teachings and discipline of Falun Gong.
70. Defendant Liu planned, instigated, ordered, authorized, or incited police and other security forces to commit the serious interferences with the freedom of religion and belief suffered by Plaintiffs, and had command or superior responsibility over, controlled, or aided and abetted such forces in such interferences with Plaintiffs’ freedoms of religion and belief, and Defendant Liu knew or should have known that such acts or omissions were committed in the context of a widespread or systematic campaign to interfere with the freedom of Falun Gong practitioners to exercise their freedom of religion and belief.
71.
The acts
constituting serious interference with Plaintiffs’ freedom of religion and
belief described above, caused Plaintiffs to suffer severe mental pain and
suffering. As a result of these
acts of arbitrary detention, Plaintiffs have been damaged and are entitled to compensation in amounts to
be determined at trial.
72.
Defendant’s acts
and omissions were deliberate, willful, intentional, wanton, malicious
and oppressive, and should be
punished by an award of punitive damages in an amount to be determined at
trial.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs, pray for judgment against
the Defendant as follows:
(a)
For compensatory
damages according to proof;
(b)
For punitive and
exemplary damages according to proof;
(c)
For reasonable
attorneys’ fees and costs of suit, according proof, and
(d)
For such other and
further relief as the court may deem just and proper.
A jury trial is demanded on all
issues.
Dated: February 7, 2002
Respectfully
submitted,
JOSHUA SONDHEIMER (SBN 152000)
The Center for Justice & Accountability
870 Market Street, Suite 684
San Francisco, CA 94102
Tel: (415) 544-0444
Fax: (415) 544-0456
Terri E.
Marsh
1333 Connecticut
Avenue, N.W.
Suite
608
Washington DC
20008
Tel: (202)
369-4977
PAUL HOFFMAN
Schonbrun DeSimone Seplow Harris
& Hoffman LLP
723 Ocean Front Walk
Venice, CA 90291
Tel: (310) 396-0731
Fax: (310) 396-7040