Civil suit accuses Li Peng of crimes against humanity
NEW YORK, United States (CNN) -- A judge has ordered former Chinese
Premier Li Peng to appear before U.S. federal court on civil charges in
connection with the 1989 deadly crackdown on pro-democracy protesters in
Beijing's Tiananmen Square.
U.S. District Judge William H. Pauley III ordered Li to either appear or
send counsel to an October 13 pretrial hearing in New York federal court.
Human rights groups did not expect Li to attend the session.
Li, now head of China's parliament, is accused in a civil lawsuit of
crimes against humanity, summary execution, torture, and arbitrary
detention that followed his declaration of martial law on May 20, 1989, in
an effort to end the protests.
The lawsuit was filed on August 31 by four Chinese dissidents -- who had
been student leaders that were arrested during the Tiananmen protests --
and the brother of a protester killed in the conflict.
The lawsuit was served later that day to Li's security entourage. Li was
in New York when the lawsuit was filed. He had been attending the United
Nations' Conference of Presiding Officers of National Parliaments.
Rights groups: Li ordered crackdown The lawsuit charged that starting on
June 3, 1989, People's Liberation Army soldiers and the People's Armed
Police -- using semi-automatic weapons and armored cars -- used force to
clear Beijing's streets of demonstrators and civilians.
Human rights groups -- including the Center for Constitutional Rights,
which filed the lawsuit on behalf of the dissidents -- have said Li gave
the order for that crackdown.
The lawsuit contended that Li should have "sought to halt the egregious
abuses of human rights that occurred when troops began their assault."
Chinese officials have said the crackdown was necessary to restore law and
order.
There has never been a full accounting of the Tiananmen incident, and an
exact number of those killed during the crackdown has never been made
available. Estimates place the death toll in the thousands.
The protests had begun on April 17, 1989, when thousands of students from
various schools rallied at Tiananmen Square -- demanding their
constitutional rights to freedom of expression and assembly.
The students also pressed their demands for political reform and an end of
widespread corruption.
In filing the lawsuit, the plaintiffs argued that the U.S. court had
jurisdiction based on a 1789 U.S. law, known as the Alien Tort Claims Act,
that allows victims of torture or human rights abuses anywhere in the
world to demand reparation before a U.S. federal court.
If the court rules against Li, he could be ordered to pay monetary
damages, but he would not face a prison sentence.
First recognition Human rights experts do not expect Li to appear before
the court. Plaintiffs in past lawsuits against international leaders have
had little success in U.S. courts, so the current suit could be seen as
largely symbolic.
However, rights activists said Pauley's decision was the first recognition
by an international legal system that the Tiananmen crackdown involved
human rights violations.
Four of the plaintiffs -- Zhou Suo Fen, Liu Gang, Xiong Yan and Wang Dan
-- had been on China's "most-wanted list" of 21 student leaders following
the protests.
"Some of those who were detained for up to two years did not have a fair
trial, or were held without any charges lodged against them," Jennie
Green, attorney for the Center for Constitutional Rights, said in August.
"These people lived in horrible conditions, were subjected to electric
shock and had little or no contact with families. They were arrested when
their names were posted on a 'most wanted list' with 17 other student
leaders," she added
