Criminal Justice - COVID-19 and its Human Rights violations

• Human Rights Violators & War Crimes Center Office of the Principal Legal Advisor, Human Rights Violator Law Division
• 500 12th St SW Washington, DC 20536
• RE: Criminal Justice - COVID-19 and its Human Rights violations.

This Human Rights Commission of The AICAC-HR Court petitions

that:

This U. S. Office of the Human Rights Violators and War Crimes Center (HRVWCC) opens an investigation on human rights violations and crimes for human’s criminal act and criminal negligence committed by:

China’s WUHAN HEALTH COMMISSION; HUBEI HEALTH COMMISSION; THE PEOPLE’S GOVERNMENT OF HUBEI PROVINCE; THE PEOPLE’S GOVERNMENT OF CITY OF WUHAN, CHINA; and WUHAN INSTITUTE OF VIROLOGY, CHINESE ACADEMY OF SCIENCES, d PETROCHINA INTERNATIONAL (AMERICA), INC. NATIONAL HEALTH COMMISSION OF THE PEOPLE’S REPUBLIC OF CHINA; CHINESE COMMUNIST PARTY; PEOPLE’S REPUBLIC OF CHINA.

Introduction:

The Coronavirus Disease 2019 (COVID-19) has raised not only public health issues but many legal issues, including human rights violations- civil and criminal liability for transmission, criminal law issues related to COVID-19, people with cancer and the early release of individuals from jails and prisons in the United States relating to COVID-19.

Some crime rates dropped in many categories as states issued orders to “stay at home” or “shelter in place.” According to the ABA Report: In New York City, felony and misdemeanor cases dropped 43.3 percent from March 18 to March 24 as compared with the same period in 2019. Crime rates in St. Louis, Missouri, fell by 21 percent in one month. Chicago reported a 30 percent decline during April 2020 in major crime (a combination of homicides, robberies, sexual assaults, felony thefts, burglaries, and aggravated batteries). And from March 22 to April 23, Chicago police made 1,406 arrests, compared with 4,985 arrests during the same period in 2019, a decline of nearly 72 percent.

However, although crime rates dropped in most categories (including violent crime) in these two states above cited, many other jurisdictions in the nation have reported increases in their murder rates from the rates reported the previous year. A view reveals that the crime rates for murder are higher for this year. The criminal law and criminal justice issues relating to COVID-19 will continue to develop as the disease continues to spread. Neither the disease nor the proliferation of legal issues shows any sign of slowing down.

Crimes of hate due to COVID 19. The Statement from Attorney General Merrick B. Garland on the COVID-19 Hate Crimes Act after President Biden's signing of the COVID-19 Hate Crimes Act into law really shows that COVID 19 it is causing and has the great potential to cause many crimes and human rights violations in the United States. Although this bill signed is an important step toward protecting everyone in our country from acts of hate and intolerance these crimes will increase.

“We have seen a substantial rise in hate crimes and bias-related incidents against the Asian-American and Pacific Islander community since the beginning of the pandemic”. “This new law will help speed our response to hate crimes and provide resources to law enforcement to improve hate crime reporting. The law will assist law enforcement in targeting its efforts, which will help to prevent these devastating crimes and to respond efficiently and effectively to crimes, when they occur.”  “The Department of Justice is proud to play a central role in implementing this legislation. Investigating and prosecuting hate crimes is a top priority, deeply rooted in the department’s founding, attorney general Garland said.

People with cancer and their doctors have been concerned that cancer treatment, especially chemo-therapy, could raise the risk of more severe COVID-19... One study reviewed outcomes among 309 patients with cancer and COVID-19 treated at Memorial Sloan Kettering Cancer Center in New York City. During follow-up, 48% were hospitalized, and 10% died. As seen in other studies, people with blood cancers and lung cancer fared worse than those with other malignancies. People in remission appeared to have better outcomes than those with active disease. Receiving chemotherapy within the three months prior to a COVID-19 diagnosis was not associated with a higher likelihood of intensive care admission or death.

Whether immunotherapy affects COVID-19 outcomes is less clear, as study results are mixed. Some severe complications of COVID-19 are due to an overactive immune response. Checkpoint inhibitors that boost T-cell activity could potentially help the body fight the coronavirus—or they could make matters worse.

Another team at Memorial Sloan Kettering analyzed data from 423 cancer patients diagnosed with symptomatic COVID-19; 40% were hospitalized, 20% were admitted to intensive care and 12% died. Treatment with checkpoint inhibitors was associated with about a threefold higher likelihood of hospitalization and severe disease, largely driven by people with lung cancer. Other studies, however, have not seen such a link. Again, receiving chemotherapy within the past month was not associated with worse outcomes, nor was cancer surgery.

“If you’re an oncologist and you’re trying to figure out whether to give patients chemotherapy or if you’re a patient who needs treatment, these findings should be very reassuring,” says study coauthor Ying Taur, MD, MPH. Reported by Cancer Health Magazine.

The Human Rights Violators and War Crimes Center (HRVWCC) is the only government entity focused completely on investigating global atrocities and the perpetrators of human rights violations and war crimes. Initiated by HSI in 2008, the HRVWCC leverages the knowledge and expertise of a select group of special agents, attorneys, intelligence analysts, criminal research specialists and historians who are charged with preventing the United States from becoming a safe haven for individuals who engage in the commission of war crimes, genocide, torture and other forms of serious human rights abuses from conflicts around the globe. The HRVWCC also brings together other DHS components and federal partners, to include the FBI and the Department of Justice, who work collaboratively alongside HSI to pursue human rights violators and war crimes investigations and prosecutions. With bona fide successes supporting this crucial concept, former ICE Director John Morton established the HRVWCC as a permanent ICE entity in October 2009.

According to this HRVWCC’s declaration, this unit has four [4] important missions:

1)- Prevent the entry of suspected foreign war criminals, persecutors, and human rights abusers into the United States.

2)- Identify and prosecute individuals who have participated and / or are responsible for the commission of human rights abuses throughout the world.

3)- Remove, when possible, those criminals who are in the United States.

4)- Oversee the development of programs in response to the Presidential Study Directive-10 (prevention of mass atrocities) of the former president.

We are requesting that under your mission two [2] above cited you Center against Human Rights Violators and War Crimes takes action opening an criminal investigation for human rights violations and crimes.

The Human Rights Violators and War Crimes Center (HRVWCC) began as a pilot project in April 2008 to further improve the efficiency of these complex investigative and litigation actions. The center draws on the expertise of a select group of special agents, attorneys, historians, and intelligence and criminal investigation specialists who are co-located there. The center also brings together various components of DHS and other departmental agencies, including the FBI and the Department of Justice, to work collaboratively on investigations of human rights violators and war crimes. With credible successes supporting this critical concept, former ICE Director John Morton established the center as a permanent ICE entity in October 2009.

CAUSES OF ACTION

Submitted for consideration under Article 22 of the Convention Against Torture and Other Cruel, Inhuman or Degrading

Violations of Human Rights Treatment or Punishment.

The Root of the Virus - Wuhan Paragraphs and allegations from 1 to 47 omitted due to space limitations in this publication.

  ·       48)- The Chinese government entities and the Chinese privated enteties described herein are under the ultimate control and direction of the CCP and/or PRC.

·       49)- It is generally accepted that COVID-19/SARS-CoV-2 originated in Wuhan, but there are several theories as to how, and the theories also cross in application. Two of the prevailing theories are that: 1) the virus came from Wuhan Institute of Virology (“WIV”) and either its “P4” “level 4” or P3 labs; and 2) it originated by natural zoonotic (animal to human) transmission because of the exotic animal “wet markets” and related animal trade.

Respondents Defendant’s Active Concealment of the Dangers of COVID-19 Paragraphs and allegations from 50 to 68 omitted due to space limitations in this publication.

  ·       69)- After the first SARS epidemic in 2003, the PRC invested billions of dollars into an emergency reporting system known as the “Infectious Diseases and Public Health Emergencies Reporting System,” which is run by the Chinese Center for Disease Control.19 In China, it is also known as the Surveillance Reporting System, or “SRS.”

·       70)- The SRS is a high-tech reporting and data system where healthcare providers are supposed to report any unusual medical conditions affecting three or more patients, so that a response can be developed within hours.

·       71)- The SRS failed here, because the Wuhan doctors and hospitals were forbidden from entering the information, and the doctor-controlled Chinese CDC was overridden by the CCP controlled WHC.

·       72)- The first human infection from COVID-19/SARS-CoV-2 likely occurred in late 2019, but the exact date is still unknown. Some reports claim that the first case became known on November 17, 2019, or possibly earlier.

Chinese Center for Disease Control, “About Us – Public Health Surveillance and Information Services,” https://www.chinacdc.cn/en/ (last accessed May 2, 2020).

Dr. Wang Weiluo, What Really Happened in the Early Days of the Virus Breakout, at *2 (Apr. 28, 2020) (hereinafter “Dr. Wang Report”). Dr. Weilou is a Chinese born and educated scientist and researcher now based in Dortmund, Germany, and is well regarded by many Chinese for his extensive research into China’s handling of environmental issues and the Three Gorges Dam project. His report is currently being prepared for publication. Dr. Wang Report Id.

Coronavirus: China’s First Confirmed Covid-19 Case Traced Back to November 17, South   China    Morning   Press    

(Mar.     13,        2020),      available           at: https://www.scmp.com/news/china/society/article/3074991/coronavirus-chinas-first-confirmed-covid-19-case-traced-back

·       73)- The Lancet reported that the first patient contracted the virus on December 1, 2019, and had been associated with Huanan Seafood Market, and that man’s wife began showing symptoms five days later, which indicated human-to-human transmission.

·       74)- Dr. Gao Fu, director of China’s CDC, received his PhD from Oxford (and is a visiting professor there), has done post-doctoral work at Harvard, and has published over 450 scientific papers in international medical journals. According to Dr. Wang, frustration with the CCP led Dr. Fu to publish a report (co-authored by 52 other doctors and researchers) in the New England Journal of Medicine on January 29, 2020 that hid more true data about the outbreak and its early severity in plain sight. That data revealed infections in Wuhan the first week of December, but even that data demonstrates underreporting because of the coverup by the Wuhan Health Commission (“WHC”).

·       75)- According to a study in the Chinese Medical Journal, laboratory testing was already being conducted on patients with COVID-19 symptoms between December 18 and 29, 2019, with symptoms attributed to “[a] novel bat-borne [coronavirus] … that is associated with severe and fatal respiratory disease in humans.”

Clinical Features of Patients Infected with 2019 Novel Coronavirus In Wuhan, China, The Lancet (Jan. 24, 2020), available at: https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(20)30183-5/fulltext

Dr. Wang Report at *6-*7. See also, Early Transmission Dynamics in Wuhan, China, of Novel Coronavirus–Infected Pneumonia, N. Eng. J. of Med. (Jan. 29, 2020), available at: https://www.nejm.org/doi/full/10.1056/nejmoa2001316

Identification of a Novel Coronavirus Causing Severe Pneumonia In Human: A Descriptive Study,” Chinese Medical Journal (Feb. 21, 2010), available at: https://journals.lww.com/cmj/Fulltext/2020/05050/Identification_of_a_novel_coronavirus_causing.3.aspx

·       76)- According to Chinese sources cited in the National Review, on December 25, 2019, “Chinese medical staff in two hospitals in Wuhan [were] suspected of contracting viral pneumonia and [were] quarantined Wuhan hospitals noticed an exponential rise in cases that could not be connected to the seafood market, all of which was additional strong evidence of human-to-human transmission. This was corroborated by the Wall Street Journal.

·       77)- On December 27, 2019, the Hubei Province Health Commission (“HHC”) and WHC directed the Wuhan CDC to investigate infected patients at Hubei Xinhua Hospital in Wuhan. As a result, most of these patients were moved to Wuhan’s Gold- Silver Pond Hospital, which only handles infectious disease, another indication of the knowledge of the ease of human-to-human transmission and the virus’s dangers.

·       78)- According to the South China Morning Press, “On December 27, Zhang Jixian, a doctor from Hubei Provincial Hospital of Integrated Chinese and Western Medicine, told China’s health authorities that the disease was caused by a new coronavirus. By that date, more than 180 people had been infected, though doctors might not have been aware of all of them at the time.”

Devastating Lies, National Review (Mar. 23, 2020), available at: https://www.nationalreview.com/the-morning-jolt/chinas-devastating-lies/ Id.

How It All Started: China’s Early Coronavirus Missteps, The Wall Street Journal (Mar. 6, 2020), available at: https://www.wsj.com/articles/how-it-all-started-chinas-early-coronavirus-missteps-11583508932  Dr. Wang Repor cited.

Coronavirus: China’s First Confirmed Covid-19 Case Traced Back to November 17, South China Morning Press (Mar. 13, 2020), available at: https://www.scmp.com/news/china/society/article/3074991/coronavirus-chinas-first-confirmed-covid-19-case-traced-back

·       79)- A study of patients admitted through January 2 found that only 27 of 41 patients had a link to the Wuhan Seafood Market, indicating human-to-human transmission in December.

·       80)- Thus, in December, Defendants knew that the virus was spreading easily human-to-human and that it was dangerous.

·       81)- Dr. Ai Fen, director of the ER at Wuhan Central Hospital was an early whistleblower who has been silenced. The CCP has censored stories in China about her and she has reportedly now disappeared. Although sources differ on the exact timing of the sequence, she was noticing the strange symptoms in patients by mid-December, and by December 30, 2019, had received a test result back indicating SARS coronavirus. She circled the word SARS and sent a picture to colleagues to warn them, one of whom was Dr. Li Wenliang, a former classmate.

82)- According to CNN, on December 30, 2019, Dr. Li, using the popular chat application We Chat, repeated this information to his medical school alumni group about patients at his hospital suffering from a SARS-like illness that may have originated from a coronavirus.

 Clinical Features of Patients Infected with 2019 Novel Coronavirus In Wuhan, China, The Lancet (January 24, 2020), available at: https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(20)30183-5/fulltext

Coronavirus: Wuhan Doctor Speaks Out Against Authorities, The Guardian (Mar. 11, 2020), available at: https://www.theguardian.com/world/2020/mar/11/coronavirus-wuhan-doctor-ai-fen-speaks-out-against-authorities

This Chinese Doctor Tried to Save Lives, But Was Silenced. Now He Has Coronavirus, CNN (Feb. 4, 2020), available at: https://www.cnn.com/2020/02/03/asia/coronavirus-doctor-whistle-blower-intl-hnk/index.html

·       83)- In his messages, Dr. Li shared details of what would be named COVID-19, urging them to take precautions against the risk of human-to-human transmission.

·       84)- On December 30, 2019, WHO released a notice to medical institutions that patients visiting the Wuhan Seafood Market had contracted a pneumonia-like illness. The notice warned medical professionals: “Any organizations or individuals are not allowed to release treatment information to the public without authorization.” Dr. Wang has obtained copies of these notices. (Attached as Composite Exhibit A). https://www.who.int/csr/don/05-january-2020-pneumonia-of-unkown-cause-china/en/

·       85)- Within hours of sending his warning to colleagues via WeChat on December 30, screenshots of Dr. Li Wenliang’s message had been shared widely on social media, but government censors then took action to stop the circulation.

·       86)- Later that night, at 1:30am on December 31, Dr. Li was summoned to WHO for questioning, and later that same day, Dr. Li was summoned by his hospital head, who demanded that he admit his wrongdoing.

·       87)- By December 30, Dr. Gao had found out about the unreported infections in Wuhan and that they were not in the SRS. He summoned top CDC and NHC leaders to meet in Wuhan with the WHO and HHC on the morning of December 31, 2019. It was decided at this meeting that all information would be controlled by WHO. Thus, the multi-billion dollar SRS that could have alerted Wuhan’s residents and the world, was put aside in favor of fear and silence, with a tightly controlled, but ineffective, internal reporting only system, controlled by CCP leaders.

·       88)- Despite the previously-mentioned evidence to the contrary, on December 31, 2020, WHO declared, “[t]he medical staff investigation so far has not found any obvious human-to-human transmission and no infection.”

·       89)- On December 31, the YY online social network platform (one of China’s most popular social networks) listed 45 words as forbidden search terms including: “Unknown pneumonia in Wuhan”, “Wuhan seafood market”, “SARS”, “outbreak of SARS epidemic”, “WHO”, and “P4 Viral Lab.” That same day, researchers at the University of Toronto took notice of this and other censoring of key words about the virus on Chinese social media platforms.

·       90)- Besides YY, another censored platform was WeChat, and as explained by the researchers, WeChat “has become increasingly popular among [Chinese] doctors who use it to obtain professional knowledge from peers. Because of social media’s integral role in Chinese society and its uptake by the Chinese medical community, systematic blocking of general communication on social media related to disease information and prevention risks substantially harming the ability of the public to share information that may be essential to their health and safety.”

·                       On January 1, Defendants censored eight doctors from speaking about the outbreak and its dangers. The Wuhan police stated that they had “taken legal measures” against eight people who “published and shared rumors online,” and one of them was Dr. Wenliang.

·       91)- According to CNN, “The police announcement [against the eight people] was broadcast across the country on CCTV, China’s state broadcaster, making it clear how the Chinese government would treat such ‘rumormongers.’”

·                       The message reportedly said, “The internet is not a land beyond the law ... Any unlawful acts of fabricating, spreading rumors and disturbing the social order will be punished by police according to the law, with zero tolerance.”

·       92)- As described by the St. Louis Post-Dispatch, “The punishment of eight doctors for ‘rumor-mongering,’ broadcast on national television on January 2, sent a chill through the city’s hospitals,” and suppressed information from reaching the rest of the world.

·       93)- On January 1, 2020, “after several batches of genome sequence results had been returned to hospitals and submitted to health authorities, an employee of one genomics company received a phone call from an official at the HHC, ordering the company to stop testing samples from Wuhan related to the new disease and destroy all

See also, This Chinese Doctor Tried to Save Lives, But Was Silenced. Now He Has Coronavirus, CNN (Feb. 4, 2020) supra.

Six Days Of Silence When China Didn’t Warn Public of Likely Pandemic, The St. Louis Post Dispatch, (Apr. 16, 2020), available at: https://www.stltoday.com/news/six-days-of-silence-when-china-didnt-warn-public-of-likely-pandemic/article_ae11db70-6704-5b49-8040-78bf21579e07.html

The St. Louis Post Dispatch, (Apr. 16, 2020), available at: https://www.stltoday.com/news/national/your-daily-6-nurses-suspended-over-masks-cheaper-iphone-and-how-six-days-of-silence/collection_a2b87190-132f-5438-a36d-1c48c64be013.html

·       94)- Dr. Ai, as of January 1, 2020, ordered her staff to put on masks, suspecting the ease of human-to-human transmission.

·       95)- But that night, “the hospital’s discipline department summoned her for a chat the next day. She was criticized for ‘spreading rumors,’ according to Dr. Ai. She tried to argue that the disease could be contagious. They said her action caused panic and ‘damaged the stability’ of Wuhan. The hospital’s leadership also banned staff from discussing the disease in public or via texts or images.”

·       96)- On January 2, 2020, Dr. Shi Zhengli and her colleagues at the WIV completed the genome sequencing of the virus. Discovery of the genome sequence was not announced at the time.53 The dean of the WIV reminded the staff of the WHC order that no one could disclose any of the information. (Composite Exhibit B). https://www.sciencemag.org/sites/default/files/Shi%20Zhengli%20Q%26A.pdf

·       97)- On January 3, 2020, Dr. Li Wenliang was forced to confess to a misdemeanor, prepare a self-criticism, and agree not to commit any additional “unlawful acts.”

·                       The confession that Dr. Li was forced to sign demonstrates the lengths that How Early Signs of The Coronavirus Were Spotted, Spread and Throttled In China, The Strait Times (Feb. 28, 2020), available at: https://www.straitstimes.com/asia/east-asia/how-early-signs-of-the-coronavirus-were-spotted-spread-and-throttled-in-china

How It All Started: China’s Early Coronavirus Missteps, The Wall Street Journal (Mar. 6, 2020), supra. See also, As New Coronavirus Spread, China’s Old Habits Delayed Fight, New York Times (Feb. 1, 2020), supra. This Chinese Doctor Tried to Save Lives, But Was Silenced. Now He Has Coronavirus, CNN (Feb. 4, 2020), supra.

Respondents Defendants would go to intimidate and ensure silence about the truth. The confession stated that:

Your action has severely disrupted the order of society. Your action has breached the law, violating the relevant rules in the “Law of the People’s Republic of China on Penalties for Administration of Public Security.” It is an illegal act!

We want you to calm down and reflect on your actions, as well as solemnly warn you: If you insist on your views, refuse to repent and continue the illegal activity, you will be punished by the law. Do you understand?

Answer: I understand. (Composite Exhibit C).

In other words, if you tell the truth about a dangerous epidemic that will easily pass human-to-human and cause the death of many, you will be severely punished.

·       98)- The directors of the Central Hospital of Wuhan, where both Dr. Li Wenliang and Dr. Ai Fen worked, urgently called a meeting that evening for all departmental directors and stressed that they should follow the WHO rules of silence and not leak out any information.

·       99)- On January 3, 2020, “China’s National Health Commission (NHC), the nation’s top health authority, ordered institutions not to publish any information related to the unknown disease, and ordered labs to transfer any samples they had to designated testing institutions, or to destroy them.”58 The NHC notice categorized viral samples as “Class 2 of Highly Pathogenic Microorganisms.” Again, Defendants knew how dangerous the virus was and destroyed test results, suppressed all public information, and lied in the information they did provide to the outside world

Before Dr. Li’s untimely death from coronavirus, he posted the confession on his social media account at Weibo.

Dr. Wang Report. How Early Signs of The Coronavirus Were Spotted, Spread and Throttled In China, The Strait Times (Feb. 28, 2020), supra.

Dr. Wang Report.

·       100)- The National Review, quoting Chinese sources, stated that on January 3, the “Wuhan Municipal Health Commission released another statement, repeating, ‘As of now, preliminary investigations have shown no clear evidence of human-to-human transmission and no medical staff infections.’”

·       101)- The World Health Organization (“WHO”) had been informed (too late) of events in Wuhan on December 31, with the organization saying that “the WHO China Country Office was informed of cases of pneumonia unknown etiology (unknown cause) detected in Wuhan City, Hubei Province of China.”

·       102)- On information and belief, part of the PRC’s and CCP’s coverup involved misleading the WHO, an international organization under the United Nations whose objective is “the attainment by all peoples of the highest possible level of health,” according to its Constitution.

·       103)- On information and belief, the PRC and CCP delayed reporting COVID-19 to the WHO for weeks after the outbreak was identified in the Chinese medical community.

·       104)- Under Article 6.1 of the International Health Regulations, China had a duty to report “all events which may constitute a public health emergency of international concern within its territory” within 24 hours.

Devastating Lies, National Review (Mar. 23, 2020), supra.

61 Novel Coronavirus (2019-nCoV) SITUATION REPORT – 1, World Health Organization (Jan. 21, 2020), available at: https://www.who.int/docs/default-source/coronaviruse/situation-reports/20200121-sitrep-1-2019-ncov.pdf

World Health Organization Constitution, Article I, available at: https://apps.who.int/gb/bd/PDF/bd47/EN/constitution-en.pdf

·       105)- When China did inform the WHO of the disease, Chinese authorities denied human-to-human transmission, despite having significant evidence to the contrary. On information and belief, Defendants’ denial induced the WHO to also deny or downplay the risk of human-to-human transmission in the critical weeks while the virus was first spreading.

·       106)- According to the Wall Street Journal, on January 5, “a medical research center in Shanghai notified the National Health Commission that one of its professors had also identified a SARS-like coronavirus and mapped the entire genome using a sample from Wuhan.”

·       107)- Like the genome discovery by WIV on January 2, the January 5 genome mapping was kept secret.

·       108)- On January 5, 2020, relying on information from Chinese officials, WHO released a statement saying, “Based on the preliminary information from the Chinese investigation team, no evidence of significant human-to-human transmission and no health care worker infections have been reported.”

·       109)- On January 6, the United States Centers for Disease Control offered to send a research team to assist Defendants, but Defendants did not extend permission to enter the country.

How It All Started: China’s Early Coronavirus Missteps, The Wall Street Journal (Mar. 6, 2020), supra.

Pneumonia of Unknown Cause – China, WHO Disease Outbreak News (Jan. 5, 2020) (emphasis supplied), available at: https://www.who.int/csr/don/05-january-2020-pneumonia-of-unkown-cause-china/en/

Exclusive: U.S. Axed CDC Expert Job In China Months Before Virus Outbreak, Reuters (Mar. 22, 2020), available at: https://www.reuters.com/article/us-health-coronavirus-variants-insight-idUKKBN2AV1T1

·       110)- On January 8, 2020, WHO, relying on information from Chinese officials, said, “WHO does not recommend any specific measures for travelers. WHO advises against the application of any travel or trade restrictions on China based on the information currently available.”

·       111)- Various sources theorize that WHO was also silent (or proverbially stuck its head in the sand) because China exercises so much control over its governance and funding.

·       112)- Chinese authorities, including the PRC and CCP, did not publicly confirm the outbreak as originating from a novel coronavirus until January 9, 2020, despite having a mapping of its genome and other details showing that it was a new virus.

·       113)- On January 10, the New York Times attributed to WHC a statement that “[t]here is no evidence that the virus can be spread between humans.”

·       114)- According to the National Review, citing Chinese sources, on January 11, WHO issued a statement saying, “All 739 close contacts, including 419 medical staff, have undergone medical observation and no related cases have been found . . . No new cases have been detected since January 3, 2020. At present, no medical staff infections have been found, and no clear evidence of human-to-human transmission has been found.” https://www.reuters.com/article/us-health-coronavirus-china-cdc-exclusiv/exclusive-u-s-axed-cdc-expert-job-in-china-months-before-virus-outbreak-idUSKBN21910S

WHO Statement Regarding Cluster of Pneumonia Cases In Wuhan, China, WHO (Jan. 9, 2020), available at: https://www.who.int/china/news/detail/09-01-2020-who-statement-regarding-cluster-of-pneumonia-cases-in-wuhan-china

How It All Started: China’s Early Coronavirus Missteps, The Wall Street Journal (Mar. 6, 2020), supra.

China Reports First Death From New Virus, New York Times (Jan. 10, 2010), available at:   https://www.nytimes.com/2020/01/10/world/asia/china-virus-wuhan-death.html

Devastating Lies, National Review (Mar. 23, 2020), supra.

This statement directly contradicted then-existing evidence.

·       115)- Chinese authorities, including the PRC and CCP, did not share the genome sequence which the Wall Street Journal described as a “critical step[] toward containing the epidemic and designing a vaccine” with the international community until January 12.

·                       The first case outside of China was reported in Thailand on January 13.

·       116)- Following the Thai case, the PRC and CCP still did not tell the public about the new evidence directly confirming human-to-human transmission.

·       117)- For instance, PRC and CCP officials continued denying human-to-human transmission and failed to inform the public, despite overwhelming evidence of the virus’s contagiousness.

·       118)- According to the National Review, citing Chinese sources, on January 14, WHO issued another statement saying, “Among the close contacts, no related cases were found.”

·       119)- According to the Wall Street Journal, when President and General Secretary Xi Jinping, leader of the PRC and CCP, made “his first public statement on the crisis on January 20, he made no explicit mention of human- to-human transmission.”

·                       By the time President Xi made his statement, millions of travelers passed

How It All Started: China’s Early Coronavirus Missteps, The Wall Street Journal (Mar. 6, 2020), supra.

Six Days of Silence When China Didn’t Warn Public of Likely Pandemic, The St. Louis Post Dispatch, (Apr. 16, 2020), supra.

Devastating Lies, National Review (Mar. 23, 2020), supra.

How It All Started: China’s Early Coronavirus Missteps, The Wall Street Journal (Mar. 6, 2020), supra.

Through Wuhan, and “more than 3,000 people had been infected during almost a week of public silence, according to internal documents obtained by The Associated Press and expert estimates based on retrospective infection data.”

·       120)- WHO continued publicly to deny human-to-human transmission until January 20, at which point Chinese authorities finally confirmed for the first time that human-to-human transmission was occurring.

·       121)- On January 20 and 21, 2020, the WHO was able to conduct a mission on the ground in China and said afterward, “Data collected through detailed epidemiological investigation and through the deployment of the new test kit nationally suggests that human-to-human transmission is taking place in Wuhan. More analysis of the epidemiological data is needed to understand the full extent of human-to-human transmission.”

·       122)- On January 23, 2020, China began its first steps towards quarantining Wuhan residents.

·       123)- Weeks after the lockdown slowed cases in Wuhan, China continued to mislead the world about its knowledge of the nature of the virus, and on April 17, 2020, it upwardly revised the death toll in Wuhan by more than a thousand cases, attributing the

Six Days of Silence When China Didn’t Warn Public of Likely Pandemic, The St. Louis Post Dispatch, (Apr. 16, 2020), supra. 78 Id.

79 China confirms human-to-human transmission of coronavirus, The Guardian (January 20, 2020), available at: https://www.theguardian.com/world/2020/jan/20/coronavirus-spreads-to-beijing-as-china-confirms-new-cases

Mission summary: WHO Field Visit to Wuhan, China 20-21 January 2020, WHO (Jan. 22, 2020), available at: https://www.who.int/china/news/detail/22-01-2020-field-visit-wuhan-china-jan-2020

·       124)- It is widely believed that even with the adjustment, Defendants are still woefully underreporting the actual number of cases and deaths in Wuhan, especially in December 2019 and early January 2020, as well as other key statistics of COVID-19.

·       125)- Chinese citizen journalists, who posted videos from Wuhan of overcrowded hospitals and other scenes from the COVID-19 pandemic, have gone missing in recent weeks.

·       126)- China has launched a “massive public relations campaign to avoid blame for the COVID-19 pandemic” and has spread conspiracy theories that the U.S. military had spread the virus.

The PRC and CCP Failed to Contain the Virus, Helped It Spread, and Created an Economic and Political Opportunity for Themselves While the World Suffers.

·       128)- According to data gathered by the New York Times, approximately 175,000 individuals left Wuhan on January 1 alone to travel for the Lunar New Year.

As stated by the New York Times, because of the Lunar New Year travel, “[t]he timing of the outbreak could not have been worse.”

China Raises Wuhan Death Stats By Half To Account For Reporting Delays And Omissions, National Public Radio (Apr. 17, 2020), available at: https://www.npr.org/sections/coronavirus-live-updates/2020/04/17/836700806/china-raises-wuhan-death-stats-by-half-to-account-for-reporting-delays-and-omiss

Wuhan Whistleblowers Missing Months After Helping Expose Coronavirus Outbreak, Activists Say, Fox News (Apr. 15, 2020), available at: https://www.foxnews.com/world/wuhan-whistleblowers-missing-exposing-coronavirus

Guest on Chinese-produced Arabic-language program claimed US may be to blame for coronavirus pandemic, Fox News (Apr. 19, 2020), available at: https://www.foxnews.com/world/chinese-arabic-language-program-us-coronavirus-pandemic

How the Virus Got Out, New York Times (Mar. 22, 2020), available at: https://www.nytimes.com/interactive/2020/03/22/world/coronavirus-spread.html

·       129)- According to the Wall Street Journal, China “went ahead with New Year celebrations despite the risk of wider infections” and let “some five million people leave Wuhan without screening.”86 Many of these travelers went not only to other parts of China, but spread out across the globe. Flights from Wuhan fly direct to over 21 international destinations including U.S. cities such as New York, San Francisco, and Los Angeles.

·       130)- The Chinese CDC knew of the epidemic in Wuhan by New Year’s Eve, but the WHC was controlling all information, and 200,000 Wuhan residents and tourists were allowed to gather for the Yangtze River Light Show that evening. The Yangtze flows through the center of Wuhan.

·       131)- An annual Lunar Year Potluck Banquet was allowed to proceed in a Wuhan neighborhood on January 18, attracting 40,000 families.

·       132)- Wuhan’s mayor later told Chinese Television that he and his government could not do or say more about the epidemic until he was authorized by the State Council (CCP) after January 20, many weeks after he knew there was a dangerous problem in his city.

. 133)- On January 20, a government linked doctor dispatched by Beijing to Wuhan finally admitted human-to-human transmission and that medical workers were becoming sick. It was then announced that Wuhan would shut down on the morning of January 23, creating a mass exodus out of Wuhan of surely infected people.

·       134)- The PRC and CCP allowed these massive public gatherings and the massive exodus from Wuhan despite knowing the risks of COVID-19, including the risk of human-to-human transmission, and the virus’s dangerous propensities.

·       135)- The PRC and CCP failed to warn the world of the dangers when it had a very early opportunity to do so.

·       136)- Indeed, a research study has found that if the PRC and CCP had acted two weeks earlier, 66% of cases could have been prevented, and if it had acted three weeks earlier — a time frame where the CCP took control of the information on the emerging problem from China CDC and silenced everyone — 95% of infections could have been prevented.

·       137)- But the PRC and CCP did not act, except in their own economic self- interest to monopolize, hoard, and corner the market on PPE.

The Front-Line Medical Providers at Serious Risk Paragraphs and allegations from 138 to 145 omitted due to space limitations in this publication.

·       146)- Compounding these issues is the fact that there have been and continue to be shortages of PPE for the front-line doctors, nurses, medical technicians, paramedics, and EMTs (collectively “medical providers”) who must risk their lives, and their families’ lives, to treat the high number of serious COVID-19 cases that are overtaxing the nation’s medical infrastructure. When PPE is available, it is at highly inflated prices over market rates before the pandemic.

·       147)- PPE consists of medical grade face masks (such as the N95 mask), face and eye shields, and other protective garments and accessories that prevent the respiratory droplets or aerosolized virus from reaching the eyes, nose and mouths of the medical providers.

CLASS ACTION ALLEGATIONS Paragraphs and allegations from 148 to 172 omitted due to space limitations in this publication.

·       173)- The Named Petitioners Plaintiffs assert Representative International classes actions pursuant to Rules of this Commission Article 22, on behalf of themselves and those similarly situated, against the Respondents Defendants for whom they have standing. The Named Petitioners Plaintiffs define the Representative International Class action as follows:

All medical providers, as defined herein, in the Republic of Bolivia, the Republic of Cuba and the United States whom have been unable to procure proper or adequate PPE, treated COVID-19 infected patients, and suffered injury, damage, and loss as a result.

All medical providers, as defined herein, in the cited States who have been unable to procure proper or adequate PPE, treated COVID-19 infected patients, and suffered injury, damage, and loss as a result.

All natural citizens, women, men and children of the Republic of Bolivia, the Republic of Cuba, and the United States who have been victims of this COVID 19 Pandemic, some have suffered loss of families due to death due to this Pandemic, loss of health due to this Pandemic, they have lost their livelihoods, livelihoods due to this Pandemic, they have lost their businesses due to this Pandemic COVID 19.

·       174)- Excluded from the Representative International Classes are the following: (1) the Defendants, and any parent, subsidiary or affiliate organizations, and the officers, directors, agents, servants, or employees of same, and the members of the immediate family of any such person; (2) all persons who timely opt out of this proceeding; (3) all persons who have given valid releases releasing Defendants from the claims asserted in this Complaint; (4) all persons who, prior to the filing of this Complaint, have filed a non-class action claim against the Defendants (or any of them) for the claims asserted in this Complaint; and (5) the judge(s) to whom this case is assigned, their employees and clerks, and immediate family members.

·       175)- The Classes are sufficiently numerous such that the joinder of all members of the Classes in a single action is impracticable. According to recent statistics, there are approximately 2.2 million nurses working in hospital and medical settings, nearly a million licensed physicians, over 350,000 paramedics and EMTs, and over 250,000 medical technicians working in the United States. A substantial number of these persons, if not a majority, have been or will in the immediate future be affected by Defendants’ wrongful conduct.

·       176)- According to recent statistics, there are approximately in the Republic of Bolivia today has 11,930 deaths with 258,000 active disease cases and 209,000 recovery cases.

·       177)_ The Republic of Cuba today has 369 deceased persons, 59,919 active disease cases and 57,852 recovery cases.

·       178)- According to recent statistics, there are aproximatelly in Republic of  Mexico today has 194000 deaths with 2.16 active disease cases and 1.7 million recovery cases.

  Location Cases Recovered Deaths

Mexico City 584,000 + 2,292 - 29,047 +177

State of Mexico 225,000 +596 - 30,110 + 93

Guanajuato 123,000 + 458 - 9,529 + 48

Nuevo Leon 118,000 + 138 - 8,711 +15

Jalisco 80,609 + 240 - 10,955

  ·       179)- The United States today has over 532 thousand deaths, 29.4 million active disease cases and an unconfirmed number of thousands recovered.

·       180)- There are numerous common questions of law and fact that predominate over any questions affecting only individual members of the Class and/or Subclass. Among these common questions of law and fact are the following:

·       Whether Respondents Defendants’ tortious conduct was intentional, negligent, and/or reckless;

·       Whether Respondents Defendants’ conduct, as described herein, constituted a commercial activity outside the U.S. that had a direct effect within the U.S.;

·       Whether Respondents Defendants’ conduct was clearly contrary to the precepts of humanity;

·       Whether Respondents Defendants’ conduct violated established laws within the PRC;

·       Whether Respondents Defendants failed to warn of an imminent danger they knew or should have known about;

·       Whether Respondents Defendants prevented their domestic PPE manufacturing facilities, including those owned by U.S. corporations, from exporting PPE; and

·       Whether Respondents Defendants purchased much of the world’s inventory of PPE in order to “corner the market,” just as the severity of the pandemic was becoming known.

Paragraphs and allegations from 181 to 233 omitted due to space limitations in this publication.

 COUNT I – NEGLIGENCE DECEIT MISREPRESENTATION (Against Each Defendant)

COUNT II – INTENTIONAL TORTS OF TOXIC BATTERY AND CIVIL ASSAULT (Against Each Defendant)

COUNT III – NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (Against Each Defendant)

COUNT IV – INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (Against Each Defendant)

COUNT V – CIVIL AIDING AND ABETTING

COUNT VI – VIOLATION OF THE INTERNATONAL COMMERCE LAWS, OF THE SHERMAN ACT MONOPOLIZATION OF THE MASK AND PPE MARKET (Against the CCP and the PRC Each Individually)

COUNT VII – VIOLATION - ATTEMPTED MONOPOLIZATION OF THE MASK AND PPE MARKET (Against the CCP and the PRC Each Individually)

COUNT VIII –CONSPIRACY TO MONOPOLIZE THE MASK AND PPE MARKET (Against Each Defendant)

COUNT IX –UNREASONABLE RESTRAINT OF TRADE (Against Each Defendant)

1. HUMAN RIGHTS DEFENDERS OFFICIALS IN PRO SE:
2.  Gloria Bustillos Vargas- ID#: HR421017. Attorney – Defender. Mexico – Admitted to the AICAC-HR COURT 2018. Email: [email protected]
3. Humphrey Humberto Pahecker- ID#: HRUS007N. Attorney-Defender. Commissioner of Human Rights. USA- Admitted to the AICAC-HR COURT 2016. Email: [email protected]
4. Romer Fernando Villarroel Hurtado ID#: HR421018. Attorney-Defender. Bolivia - Admitted to the Court AICAC-HR 2018. Email: [email protected]