Summary of facts: Falun Gong practitioners in China sued Cisco Systems, a U.S. company, and two of its executives for aiding and abetting violations of the the Alien Tort Statute (ATS), which allows noncitizens to bring lawsuits in federal court for serious violations of international human-rights laws, and the Torture Victim Protection Act (TVPA), which allows victims of torture and extrajudicial killing to sue their overseas assailants in U.S. courts. The plaintiffs claim that Cisco and its executives developed and sold to the Chinese government a surveillance and internal-security system, which the Chinese government then used to find and interrogate Falun Gong practitioners. Cisco asked the lower courts to dismiss the suit on the ground that these two statutes do not allow lawsuits under a theory of aiding and abetting liability. The U.S. Court of Appeals for the Ninth Circuit disagreed and allowed the lawsuit to move forward. Cisco is now appealing to the U.S. Supreme Court.

RFI’s position: Religious persecution is a persistent and growing problem around the world, as recognized by the United States and other important authorities. The ATS and the TVPA have been critical tools used by victims of religious persecution in the past, including in cases where the defendant aided and abetted the abuses.

Read the brief here.