An attempt to have the Chinese deputy prime minister arrested to face charges of torture failed in the District Court yesterday. Carol Coulter, Legal Affairs Correspondent, reports.
An application was brought on behalf of Mr Ming Zhao, a Falun Gong practitioner, to have a warrant issued for Mr Huang Ju's arrest. Mr Ju is currently in Ireland on an official visit. He is due to leave today.
Mr Zhao's counsel, Mr Bill Shipsey SC, told the court that the application was being brought by Mr Zhao as a "common informer". The crime of which he claimed to have knowledge was that of torture, prohibited under the 2000 Criminal Justice (UN Convention on the Prevention of Torture) Act, which incorporated the UN Convention into Irish law.
Under this Act, the Irish authorities could prosecute a person accused of torture anywhere in the world as if it had taken place in Ireland, he said.
He said that the Commissioner of An Garda Síochána had been informed of the evidence against Mr Ju at the weekend. The Commissioner told Mr Zhao's solicitor that a special investigator had been appointed to look into it, but that the investigation had not yet begun.
Mr Ju had engaged in a conspiracy to commit torture against Mr Zhao, who had been tortured in China at the hands of the authorities, Mr Shipsey said.
He explained that Mr Zhao had obtained refugee status in Ireland on the basis of having been tortured in China. His case was the subject of reports from the UN Human Rights Committee and the UN Rapporteur on Human Rights.
Mr Zhao claimed to have come to Ireland in March 1999 to study at Trinity College. He returned home that Christmas, when he was arrested. His passport was confiscated, hence he could not return to Ireland.
Later, at a "reeducation camp", he was beaten, tortured with electrodes and forced to sit and stand for long periods. He was also subjected to lectures and videos about the evils of Falun Gong.
The Taoiseach, Mr Ahern, the then Minister for Foreign Affairs, Mr Cowan and the then UN Commissioner for Human Rights, Ms Mary Robinson intervened on his behalf. He attributed his release in 2002 to this, he said.
Since Falun Gong was outlawed in 1999, many members are said to have been killed.
Mr Ju had made public statements supporting the policy of persecution, Mr Zhao argued. He was a member of the Politbureau of the Central Committee of the Communist Party of China, and was therefore one of the top officials in the government directing it.
After a short adjournment, Judge Dunne said that he saw from the evidence the Chinese government had conceded detention, but not torture.
He said he was not making any judgement on the prima facie evidence, nor on the identity of the accused. The question of diplomatic immunity also had still to be addressed, he said.
As the information had been laid before the Garda Commissioner before going to court, the justice said he felt that the Garda investigation should continue and he refused the application.