Falun Gong supporters hold a rally in front of the Ontario legislature in Toronto in 2005. Several members of the spiritual movement who say they were tortured in China are trying win the right to sue foreign officials in Canadian courts. (Frank Gunn/Canadian Press)

Canada should allow lawsuits against foreign officials accused of torture by people now living in this country, an Ontario court heard Monday.

Lawyers for members of Falun Gong — which describes itself as a spiritual movement but which the Chinese government brands a group of disruptive radicals — said victims of torture would otherwise have no way to get redress for abuse perpetrated by those with power and influence abroad.

"These sorts of violations should not be committed with impunity, and Canada should not allow impunity for these crimes," human rights lawyer David Matas said outside Ontario Superior Court in Toronto.

Six Falun Gong members living in Canada want Canadian courts to allow them to sue former Chinese president Jiang Zemin and other former top officials.

The plaintiffs argued that torture was not official Chinese policy and the officials are therefore not entitled to any immunity a government might claim under Canada's laws.

"Torture is not, and cannot be, a public act," Kate Kempton, another Falun Gong lawyer, told the court. "Torture is considered among one of the most heinous crimes against humanity."

In 2004, the six Falun Gong members launched a lawsuit seeking $20 million in damages as compensation for their suffering. They allege Zemin and the others were involved in their torture in China, which they say included beatings, brainwashing and sleep deprivation. None of the defendants was represented in court.

'Torture is considered among one of the most heinous crimes against humanity.'

—Kate Kempton, a Falun Gong lawyer

However, the All Chinese Lawyers Association, an intervener in the case, argued the defendants were acting as part of the Chinese government, and governments have immunity under Canadian law.

Under Canada's State Immunity Act, passed in 1982, foreign states have immunity against torture suits.

Amnesty International and the Canadian Centre for International Justice, also interveners in the case, argued against immunity for those accused of torture, war crimes, genocide or crimes against humanity.

'I almost lost my life'

One of the plaintiffs, Lizhi He, a 45-year-old Toronto engineer, said outside court he was imprisoned and tortured for more than three years for writing a letter to his fellow Chinese engineers about the government's treatment of the Falun Gong.

"I suffered tremendously; I almost lost my life," he said as several dozen Falun Gong supporters lined the hallway outside the courtroom. "I was forced to sit on a fixed-post chair on a hard board without moving. Any movement, even closing an eye, [and I was] severely beaten."

He also said he was taken outside, naked, in frigid weather.

"I was exposed to the freezing wind; they poured cold water on my body. Then I got a high fever for almost two months," he said.

None of the torture allegations have been proven in court.

Similar cases unsuccessful

Lawyers have challenged Canada's immunity provision in Canadian courts in recent years.

In 2000, Houshang Bouzari, who alleged he was tortured in Iran, moved to Canada and filed suit against the government of his former country.

Despite the fact the government of Iran did not defend itself, the Ontario Court of Appeal ruled it was protected from cases involving torture.

Maher Arar's lawsuit against the governments of Syria and Jordan was dismissed on the same grounds.

An ongoing Montreal lawsuit by the son of Canadian citizen Zahra Kazemi, who was allegedly tortured to death in Iran, echoes the Falun Gong one.

In that case, the government of Iran is arguing it has immunity in Canada from prosecution for any acts of torture.

The two human-rights groups fear that if the Kazemi suit is not permitted to go forward, there will be no Canadian legal recourse for victims of torture.

Both groups also argue Canada is in violation of the United Nations Convention Against Torture.

They say states are obliged to provide redress to all survivors of torture regardless of where it occurred.