To the Government of China. This will be a Human Rights Violation’s Action

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China is coming after author Mario Vargas Llosa for saying the coronavirus originated there: https://finance.yahoo.com/m/9437d613-c98c-3a41-8ed6-ec38e3c679b6/china-is-coming-after-author.html?.tsrc=daily_mail&uh_test=1_02

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China has a global responsibility to respond for torts:

To the Government of China. This will be a Human Rights Violation’s Action to take the government of China to the federal court to demand compensation for civil damages, including deaths caused by coronavirus.

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Dear friends, this is Humphrey from Florida. Would like to take part of this lawsuit against China government for torts.

We must take action and take the government of China to the federal court in Florida to demand compensation for expenses, civil damages, including deaths that have caused the cases of coronavirus originated in China. Deaths caused to citizens and families of other countries residing in United States and vice versa.

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This NAFA LAW, National Association Foreign Attorneys, we have international lawyers who can attend in this case. WWW.NAFALAW.COM. NO ATTORNEYS’ FEES- NO FILING FEES REQUIRED BY NAFA LAW FOR INVESTIGATION SERVICES- PRO BONO PUBLICO. CONTINGENCY FEES ONLY- fee for services (as of a lawyer(s) taking the case) paid upon successful completion of the services and calculated as a percentage of the gain realized for the client according to court’s rule.

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Serious negligence and concealment of the Chinese government fired the coronavirus in the United States this epidemic: There are growing doubts and questions about the origin of a disease as strange as it is deadly while Xi Jinping dismisses hundreds of officials throughout the country: See more details: https://translate.google.com/translate?hl=en&sl=es&u=https://diario16.com/graves-negligencias-y-ocultaciones-del-gobierno-chino-dispararon-el-coronavirus-en-las-primeras-semanas-de-la-epidemia/&prev=search

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In our opinion the action must be presented under the following federal act. Two different jurisdictions: Action for a declaratory judgment and for compensatory and punitive damages for torts committed in violation of international law, law of the nations, and the domestic constitutional laws. Action for human rights violations Inter-American Commission on Human Rights (IACHR) and the Inter-American Court (Court HR).

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This Complaint will be instituted pursuant to specific statutory authorization, namely:

Alien Tort Claims Act, 28 U.S.C. Section 1350. 28 U.S. Code § 1350. Alien’s action for tort. The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.

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In Universal Human Rights Article 22. Inter-American Commission on Human Rights (IACHR)
Main and autonomous body of the Organization of American States (OAS), whose mandate is to promote the observance and defense of human rights in the region and act as an advisory body to the OAS in this area, in accordance with the provisions of arts. (IACHR) and the Inter-American Court (IDH Court HR).

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Since 1980, courts have interpreted this statute to allow foreign citizens to seek remedies in U.S. courts for human rights violations for conduct committed outside the United States.

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Recently, American courts have begun adjudicating civil liability for intentional torts and crimes under the Alien Tort Claims Act (ATCA), 28 U.S.C. §1350. The development of this action is recounted in Wiwa v. Royal Dutch Petroleum Co., ___ F.3d ___, (2d Cir. 2000). That case involved civil suits brought against international Shell Oil defendants for the executions of several Nigerians, including prominent author Ken Saro Wiwa, arising out of disputes over the development of oil resources in the homeland of the Ogoni people. Plaintiffs alleged that, although the government of Nigeria tortured and executed the claimants and their decedents, these abuses were “instigated, orchestrated, planned, and facilitated by Shell Nigeria under the direction of the defendants,” who were said to have “provided money, weapons, and logistical support to the Nigerian military . . . , participated in the fabrication of murder charges . . . , and bribed witnesses to give testimony.” After finding personal jurisdiction, the court turned to the defendants’ argument that the case should be pursued in England because of forum non conveniens. The plaintiffs asserted that in addition to the ATCA, the 1991 passage of the Torture Victim Prevention Act, 28 U.S.C. §1350 App, argued for keeping the cases in the United States.

LOPEZ V. WINCHELL’S DONUT HOUSE- Illinois Appellate Court, 1984. 26 Ill.App.3d 46, 466 N.E.2d 1309.

 WOMACK V. ELDRIDGE- Supreme Court of Virginia, 1974. 215 Va. 338, 210 S.E.2d 145.

McDERMOTT v. REYNOLDS- Supreme Court of Virginia, 2000.530 S.E.2d 902.

INTERNATIONAL HUMAN RIGHTS LAW CLINIC BOALT HALL, SCHOOL OF LAW ALIEN TORT CLAIMS ACT CASE COMPENDIUM: SEE CASES: https://www.law.berkeley.edu/files/ACTA.pdf

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Wong Ho Wing v. Peru. The Inter-American Commission on Human Rights (IACHR) submitted to the Inter-American Court of Human Rights the case of a Chinese citizen.

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The spread of COVID-19 (coronavirus) is having significant legal implications across the sector. The ABA is pleased to be able to offer a variety of CLE webinars and on-demand products that specifically address some of your questions on the effects of this outbreak. The week of March 16-20, 2020 features free-to-member live webinars for your legal education. Get CLE credit and get informed!