In 2004, several Canadian residents originally from China filed a civil case in Toronto seeking to hold Jiang Zemin and other Chinese leaders responsible for their torture. One of the plaintiffs was a Canadian citizen at the time of his torture. Although Jiang and the others have ignored the lawsuit, a group called the All China Lawyers Association intervened in the case to argue that the defendants are entitled to immunity. The plaintiffs have argued that the ACLA is actually controlled by the Chinese government.
The CCIJ, together with Amnesty International, has intervened in the case to provide the court with a unique perspective on the issues of immunity and accountability for torture.
The CCIJ will explain to the court Canada's obligations
under the Convention Against Torture to provide survivors of torture an
opportunity to seek redress. This duty is to all survivors and not
just to people tortured on Canadian soil. The CCIJ will also describe
for the court how Canada's obligations affect the application of the
State Immunity Act in torture cases. The court heard arguments on March 29, 2010, about why immunity should not be granted. The plaintiffs must now decide whether to move for default against the Jiang and the other defendants.
The CCIJ is represented in the case by University of Ottawa law professor Dr. François Larocque.
Read the CCIJ's factum.
Read the Plaintiffs' factum
Read the Plaintiffs' Statement of Claim.
