Landmark Torture Case Nears Conclusion

Ms Zhang was held in a Chinese jail for eight months from 1999 to 2000 without legal process after appealing in China for an end to the persecution of Falun Gong. (James Burke/The Epoch Times)

SYDNEY, AUSTRALIA—The New South Wales Court of Appeal this week heard an appeal by Falun Gong practitioner, Ms Zhang Ciuying against a Certificate issued by the Australian Attorney-General under the Foreign States Immunity Act (FSIA) which gave immunity against prosecution to former Chinese regime leader, Jiang Zemin, and his co-defendents.

Appellant Zhang Cuiying, a Chinese-born artist who is an Australian citizen, is suing Jiang Zemin for torture and wrongful arrest.

Chief Justice J. Spigelman, Justice J. Allsop, President of the Court of Appeal and Justice P. McClellan, Chief Judge at Common Law, conducted concurrent hearings in the NSW Court of Appeal on Monday June 28. They will address both the civil law case, Zhang Cuiying vs Jiang Zemin and the appeal ,Zhang Cui Ying vs Attorney-General of the Commonwealth of Australia.

SC Justin Gleeson, acting on behalf of Zhang Cuiying, presented a number of arguments on why torture should be exempt from the FSIA, including that torture is considered an international crime and that international law overrides immunity. China is a signatory to the UN Convention Against Torture.

He cited the case against Chile’s General Pinochet in the UK, where a former head of state was convicted for crimes such as torture, despite arguing that immunity applied. It was successfully argued that as torture could not be considered official behaviour, immunity could not then apply.

Mr Gleeson also questioned why the Australian Attorney-General’s Department should be representing the PRC, stating that a foreign “entity” was required to appear in court in order for immunity to be considered.

The Attorney-General’s Department is arguing that torture should not be exempt from the FSIA and that there were precedents to show immunity does not get waived even in cases of torture.

Ms Zhang was held in a Chinese jail for eight months from 1999 to 2000 without legal process after appealing in China for an end to the persecution of Falun Gong, a Chinese meditation and exercise practice.

Ms Zhang said she was beaten about the head and body, made to stand without sleep for long periods, as well as suffering other physical and psychological torture.

At least 50 lawsuits have been filed against CCP officials by Falun Gong practitioners in some 30 countries. Most of these lawsuits, including both civil and criminal cases, are against Jiang Zemin.

The Court of Appeal will issue its ruling in due course.