Ottimi progressi nelle cause legali contro le autorità cinesi, in Spagna

Ottimi progressi nelle cause legali contro le autorità cinesi, in Spagna. Il Giudice Ismael Moreno è pronto ad iniziare la causa di accusa di genocidio. Il Comitato di Sostegno al Tibet ha anche portato nuove accuse di crimini contro l’umanità del regime e nuove testimonianze. Harry Wu è stato ascoltato ieri, 21 novembre, dal Giudice Santiago Pedraz. Segue il comunicato del Comitato di Sostegno al Tibet.

PRESS RELEASE FROM THE CAT: Comité de Apoyo al Tibet

21 November 2008

IMPORTANT ADVANCES IN THE TWO TIBET CASES:

1 – JUDGE ISMAEL MORENO READY TO PROSECUTE FOR GENOCIDE
2 – CAT SUBMITS PROPOSAL OF NEW VICTIMS AND EXPERT TESTIMONIES TO THE LAWSUIT OF JUDGE PEDRAZ, INCLUDING OTHER EVIDENTIAL PROCEEDINGS.

3 – CHINESE VICTIM OF LAOGAI TESTIFIES IN FRONT OF JUDGE PEDRAZ

1. – Advances in the first lawsuit (accepted in Court nº 2 on 10th January 2006):

In the court order issued on 6th October, the judge Ismael Moreno informs the parties that, having considered the report by the public prosecutor and in view of the latest procedures and according to Article 299 of the Law of Criminal Prosecution, he has decided to commence legal proceedings for the crime of GENOCIDE and put on record the perpetration of the crimes and the guilt of the persons responsible, ensuring their availability and the economic responsibilities. In this regard, and in a court order dated on the following day, the judge at last orders that rogatory commissions be issued against the Chinese authorities accused. This same court order accepts the extension to the initial lawsuit for new crimes of torture leading to death, included in the crime of genocide, from 1998 to 2004. Said extension was presented in Court nº 2 on the 5th of August. It is also important to note that the heading on these court orders is no longer that of Preliminary Proceedings (Abbreviated Procedure) but that of Legal Proceeding (Ordinary Procedure), which implies that if a conviction is made, the prison sentences will be for 9 years or more, as corresponds to the crime of genocide.

2. – Advances in the second lawsuit (accepted in Court nº 1 on 5th August 2008):

Extension to the lawsuit:

The CAT and the other co-plaintiffs, Fundación Casa del Tíbet and Thubten Wangchen, have submitted a proposal of new testimonies from victims, experts and witnesses to the judge Pedraz as well as new evidential proceedings in support of the evidence of the second lawsuit lodged on 30th July 2008. The defendants being Zhang Qingli, Wang Lequan and Li Dezhu for crimes against humanity as part of the repression, that took  place after the peaceful demonstrations of March 10th in Tibet.

As evidenced by the documentation attached, there are at present more than 4,000 persons who have been held under arrest since 10th March. The few who have managed to flee their confinement talk of systematic torture being practiced against those imprisoned, some of which resulted in deaths as is also evidenced.

Also, according to the direct testimonies compiled by Terri Marsh, a lawyer from the Human Rights Law Foundation, Washington D.C., there is direct proof with witnesses of a case of torture resulting in death, which, for security reasons, cannot be detailed.

We also submitted as evidence the film “Undercover in Tibet” (attached), which was filmed in secret inside Tibet by Tash Despa and Jezza Neuman and describes other cases of torture and the methods involved.

The repressive policies endured by the Tibetan people and described in the initial lawsuit worsened considerably after Zhang Qingli, one of the accused, was nominated Chinese Communist Party Secretary in Tibet in November 2005, and have resulted in approximately two thousand Tibetans fleeing into exile every year and crossing in secret the Sino-Nepalese border.

PROPOSAL FOR WITNESSES AND EVIDENTIAL PROCEEDINGS:

The CAT requests the judicial summons to declare as witnesses of the following persons:
As some of the proposed witnesses of Tibetan origin are living in India as refugees and do not have at the present moment official travel documents to appear in the Spanish Court, the CAT requests that the judicial authorities are asked to request authorization from the Indian Ministry of Justice to travel to the place of residence of said persons and question them through this mechanism of co-operation with the Indian Courts.
In the same document submitted to the judge, the CAT broadens the documented evidence attached to the lawsuit with the following documents:

–          Document nº 1: Report from the organisation International Campaign for Tíbet (ICT): TIBET AT A TURNING POINT: THE SPRING UPRISING AND CHINA’S NEW CRACKDOWN, of the 6th of August 2008.
–          Document nº 2: Transcription of the testimony of the monk from Labrang: Akhu Jigme .
–          Document nº 3: Report from the Dept. of International Relations of the Tibetan Government in Exile entitled: “The Continuing Use of Torture against the Tibetan People“, submitted on the 29th of September 2008 to the United Nations Committee Against Torture.
–          Document nº 4: Report from the Special Rapporteur on Torture of United Nations,  Manfred Nowak.

The CAT also proposes that in order to verify the acts denounced that have taken place in Tibet during the latest repression since March 2008, the Court request authorization from the Government of the People’s Republic of China to travel to the following places:
–          Drepung and Sera Monasteries and Ramoche Temple in the Tibetan capital of Lhasa.
–          The Barkhor neighbourhood in Lhasa
–          Drapchi Prison in Lhasa.
–          Kirti Monastery in the region of Ngaba.
–          The village of Ngaba in the region of Ngaba.
–          Chokri Monastery and Ngyoe-go Convent in Drawo, in the county of Drango, autonomous Tibetan prefecture of Kardze, Sichuan.
–          The villages of Mogre, Gugra and Druyak in the Tibetan autonomous prefecture of Kardze.
–          Tongkor Monastery in the Tibetan autonomous prefecture of Kardze.
–          Sertha Monastery in the Tibetan autonomous prefecture of Kardze.
–          Rong Gonchen Monastery in the county of Rebkong.
–          The townships of Ponkor Toema and Mema in the county of Darlag.
–          Labrang Monastery and the village of Luchu in the county of Xiahe.
–          Woeser and Khenpa Lungpa Monasteries in the county of Markham.
–          Dargay Hardu, Samtenling and Dragkar Convents in the county of Kardze.

3. –  Harry Wu, Chinese victim who spent 19 years in a laogai (Chinese forced labour camps) testified this morning 21st of November in front of the judge, Santiago Pedraz. His testimony was part of the abovementioned witness and evidential support lodged in the same court this morning. His testimony will provide the judge with information and perspective on the structure, chain of command and responsibilities of the Chinese Communist Party and Army, in the same way as those of proposed witnesses Wei Jinseng and Takna Jigme Sangpo.

CAT: Comité de Apoyo al Tibet

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