Criminal Petitions

 

Doe v. Zhou Yongkang 周永康

Detailed Case Summary and Documents

In 2005, HRLF filed a criminal petition with the Department of Justice against Zhou Yongkang, who served as Minister of Public Security in China from 2002 – 2007. Zhou Yongkang was selected to replace Jia Chunwang as the new Minister of Public Security on December 9, 2002. During the transition, Zhou’s role as the new administrator of the “Strike-Hard Campaign” against Falun Gong was emphasized in an APA and Rueters report. For example, in its December 9, 2002, “China Gets a New Public Security Minister,” APA (Beijing edition) republished the People’s Daily Web site announcement of the appointment of Zhou Yongkang to the post, which emphasized the “Strike-Hard Campaign” against Falun Gong as among the key achievements of former chief of police which Zhou was now taking over.

On December 26, 2002, in “China’s Public Security Chief Urges Better Standards of Law Enforcement Work,” The British Broadcasting Corporation reported the remarks made by Zhou Yongkang at a video-linked teleconference. Among other things, Zhou Yongkang urged all public security organs across China to, “[i]n particular, strictly guard against and “Strike-Hard” at the trouble-making and undermining activities carried out by hostile forces in and outside this country [including] the cult organizations of Falun Gong.”

On May 28, 2004 the Zhongguo Xinwen She new agency reported Zhou Yongkang’s remarks to the ministerial affairs meeting convened by the Ministry of Public Security. Among other things, “he stressed that they must take effective steps further, strike hard at the unlawful and criminal activities … and pay close attention to the operation trend in the internal and external hostile forces, the violent terrorist forces, the ethnic splittist forces, the religious extremist forces and cult [xie jiao] organizations like Falun Gong, take tight precautions, and “Strike-Hard” at their disturbing and destructive activities.”

Zhou Yongkang’s direct participation in the persecution is conducted primarily through management of the public security office (known as Office 6-10) that has primary responsibility for carrying out the campaign of persecution of Falun Gong. Police and security forces (including 6-10 security officers) who arrest, detain, brainwash and torture practitioners of Falun Gong take orders from the Public Security Bureau at provincial and/or municipal levels, which takes orders from the Ministry of Public Security at the national level, which in turn take direction from the Minister of the Ministry of Public Security, Zhou Yongkang. (See e.g. testimony of defector Hao Fengjun, available by request).

Zhou Yongkang also failed to use his authority to stop the unlawful persecution of Falun Gong notwithstanding his duty to do so under sections (13) and (14) of Article 89 of the Chinese Constitution requiring that the Minister of Public Security together with other members of the State Council alter or annul inappropriate orders, directives and regulations of the MPS, and inappropriate decisions and orders issued by local organs or the bureaus of public security at regional levels. In addition, under section (17) of Article 89, Zhou Yongkang is obliged as Public Security Minister to appoint, remove and train, appraise and reward and punish administrative officers of the public security administration at local and regional levels across China. As the highest level public security official in China and supervisor of all police activities, Zhou Yongkang is clearly responsible for establishing, supervising, ordering, and/or failing to exercise his authority to stop the security forces under his command from their direct and unlawful participation in the torture and other human rights abuses perpetrated against Falun Gong practitioners in China.

Zhou Yongkang cancelled his visit to the United States perhaps to avoid being sued. He is now under investigation in China for several crimes. He is also the defendant in a pending case filed against him in Australia.

Documents

 

 

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