“Richiesta di mandati di arresto internazionali per leader cinesi e tentativo di annullamento dell’applicazione del diritto universale nei tribunali spagnoli”

Venerdì 25 settembre il CAT spagnolo (Comitato di sostegno al Tibet) ha richiesto al giudice Ismael Moreno l’emissione di mandati di arresto internazionali contro una serie di alti funzionari della Repubblica Popolare Cinese per i reati di “genocidio” e “crimini contro l’umanità”, secondo la giurisdizione internazionale applicabile nei Tribunali Spagnoli. Questi funzionari sono:

– Jiang Zemin, ex Presidente Cinese e segretario del Partito Comunista Cinese;
– Li Peng, ex Primo Ministro durante la repressione in Tibet alla fine degli anni’80 ed all’inizio degli anni ’90;
– Ren Rong, segretario del partito Comunista Cinese in Tibet dal 1971 al 1980;
– Yin Fatang, segretario del partito Comunista Cinese in Tibet dal 1980 al 1985;
– Qiao Shi, capo della sicurezza cinese e delle forze armate di polizia durante la repressione in Tibet alla fine degli anni ’80;
– Chen Kuiyan, segretario del partito in Tibet dal 1992 al 2001.

Nell’ottobre del 2008 il Tribunale Spagnolo aveva richiesto una rogatoria (la rogatoria è una richiesta avanzata da una autorità giudiziaria quando, nel corso di un processo pendente, debbano eseguirsi atti processuali in un luogo che si trovi in altra circoscrizione o all’estero, e dunque fuori della sua competenza territoriale o della sua giurisdizione, affinché vengano compiuti dalla competente autorità nazionale).

Nel Luglio del 2009 le autorità cinesi hanno risposto che l’iniziativa giudiziaria in questione era totalmente “falsa” e che non erano disposte a collaborare.

In questo contesto, il Dr. Josè Elias Esteve, sulla base di tre anni di testimonianze di vittime e di documenti comprovanti i crimini commessi dal regime comunista cinese in Tibet, ha richiesto l’emissione dei mandati di arresto internazionali.

Tuttavia, purtroppo, il Partito Popolare ed il Partito Socialista stanno facendo passare nel Parlamento Spagnolo una legge che annulli l’applicazione del diritto universale (contro il genocidio, la tortura ed i crimini contro l’umanità) nei tribunali spagnoli. Il CAT ha infatti inviato una lettera a tutti i politici spagnoli per chiedere loro di non approvare questa nuova legge.

Se la legge passa tutti gli sforzi del CAT e dei Tibetani in esilio saranno vani e le migliaia di vittime della repressione comunista in Tibet resteranno dimenticate.

I martiri tibetani chiedono giustizia per il loro popolo!

Segue articolo in inglese e comunicato del CAT

Spain is admired throughout the world for applying universal justice (UJ) since the Pinochet case over a decade ago. Since then our law has adapted to the international commitments we acquired when ratifying various conventions on the most serious international and universal crimes such as genocide, crimes against humanity, torture, terrorism, domestic violence, drug trafficking, piracy, etc. Now, to the shame and amazement of the man in the street, the international judges and lawyers who have fought so hard to put an end to impunity throughout the world, and above all the victims of lawsuits either already in proceedings or ready to be filed, you, the politicians, want to change a critical and fundamental law and restrict the application of universal jurisdiction, in secret and with no social debate. A law that affects victims everywhere, both Spaniards and non Spaniards, defines horrendous crimes and protects the victims wherever they are if justice is not available to them. Think about this! VOTE AGAINST CHANGING OR LIMITING THIS LAW!! A LAW – ARTICLE 23.4 OF THE FUNDAMENTAL LAW OF THE JUDICIAL POWER –  THAT UPHOLDS FUNDAMENTAL AND UNIVERSAL PRINCIPLES, NOT JUST SPANISH ONES!! This law complies with the international treaties ratified by Spain (genocide, torture, the Statute of Rome, etc), which in turn comply with our Constitution. It is a law that gives us international prestige as an advanced democracy, as it has proved the best model for incorporating these international commitments to end impunity into national laws.

Only extra-judicial interests (diplomatic complaints and economic threats with the most tenuous credibility or basis!!) lie behind this wish to change A LAW THAT IS FINE AS IT IS!!! Do not touch it! Doing so could also lead to greater impunity for crimes of piracy, terrorism and drug trafficking, which are covered by the same article, by preventing the arrest of criminals abroad just because they not Spanish or there is a lack of “national link”. Changing the law would also leave thousands of victims in the lurch regarding lawsuits already under proceedings (if the law is retroactive) or that could be filed in the future.

It is not a question of whether the victims are near or distant, or whether they are Spanish or Chinese, Guatemalan or Tibetan: they are just victims. Period. Neither is it a question of left-wing genocides or right-wing genocides: just genocides that go unpunished. Universal justice applies to the entire planet. It is simply a widely extended lie to say that this law saturates the Spanish High Courts’ capacity and limits their resources to do justice in our own country, as the Audiencia Nacional currently has 11 international cases, i.e. just 0.01% of the cases being processed by this court, so they involve no additional cost or resources (Amnesty International).

Only the very worst and most evil spheres of economic power can ignore the fundamental principles of democracy to the point of sacrificing the world’s most advanced law of universal justice, invented in Nurenberg to define and bring to trial the world’s most heinous crimes, all because of a few pathetic diplomatic complaints or economic threats made by China, Israel or the United States and with the crazy and contradictory reasoning that said INTERNATIONAL AND UNIVERSAL law should only be applied if it affects Spaniards or there is a “national link”. Please, let’s be serious: DON’T BE PART OF THIS SHAME!!!

Alan Cantos (Director of CAT: Comité de Apoyo al Tíbet and international coordinator of the Tibet cases).

José Elías Esteve (professor of international law at the University of Valencia, who drew up both Tibet lawsuits),

and also thousands of lawyers and ordinary citizens like us, who do not know how to reach you.

Press Release

JUDGE IS REQUESTED TO ISSUE INTERNATIONAL ARREST WARRANTS AGAINST CHINESE DEFENDANTS IN TIBET GENOCIDE LAWSUIT IN SPAIN

Last Friday 25th September 2009 the COMITÉ DE APOYO AL TÍBET (CAT), as principal plaintiff, the FUNDACIÓN CASA DEL TÍBET (co-plaintiff) and THUBTEN WANGCHEN SHERPA SHERPA (private accusation) requested in writing that judge Ismael Moreno of the Investigative Court nº2 of the Audiencia Nacional issues international warrants of arrest to extradite the following defendants in the lawsuit accepted on 10 January 2006 for genocide and other crimes committed in Tibet and currently at the stage of “Summary” or committal proceedings (Proceedings 2006 63/2008 F):
– Jiang Zemin, former President of China and Chinese Communist Party Secretary.

– Li Peng, former Prime Minister during the oppression of Tibet in the late 1980’s and early 1990’s.

– Ren Rong, Party Secretary in Tibet in 1971-1980, who, as military leader with the Southwest Military Command, took part in the occupation of Tibet.

– Yin Fatang, Party Secretary in Tibet in 1980-1985, who, as military leader with the Southwest Military Command, took part in the occupation of Tibet.

– Qiao Shi, head of Chinese Security and Chief of the People’s Armed Police during the repression in the late 1980’s.

– Chen Kuiyan, Party Secretary in the Autonomous Region of Tibet in 1992-2001.

Alan Cantos, Director of CAT, has declared. “While we are waiting for the report of the  of the prosecutor´s office and the final decision of the judge about our request, we would like to remember the courage and suffering of the Tibetan victims, in particular to those who have declared in these legal process and who have been our main source of inspiration and motivation. We hope that the victims, their families, the truth and “never again”,  together with the grounds of international law, will continue to be the sole motive for all involved. Particularly in the face of the recent anti-natural agreement between PP (conservative party) and PSOE (socialists party in power) and the imminent debate in the Senate, which plans to limit the application of Universal Law in Spain for what seems like very different motives”.

After nearly ten years of prior investigations and more than three years of testimonial declarations by direct and indirect Tibetan witnesses and international witnesses and experts, the 15 page long text from CAT to the judge Ismael Moreno alleges the following in detail:

First: that the proceedings carried out so far have confirmed the veracity of the events described in the lawsuit filed by this party, acts that when first described in the lawsuit indicated sufficient evidence of criminality for the lawsuit to be accepted.

Second: that in addition to previous statements regarding the specific intervention of the acts of the defendants, the text alleges and accredits that they are the maximum governmental and police leaders of the policy of genocide and the persecution of the Tibetan national, ethnic and religious group, which makes them responsible for the corresponding criminal acts, according to Articles 607 and 607 bis of Spain’s Criminal Code and the Conventions against Genocide and international criminal law regarding crimes against humanity, which were ratified by Spain and therefore make the persecution of said crimes obligatory.

Third: that on 6 October 2008, considering there was sufficient rational evidence of criminality regarding the acts denounced and their perpetrators, the Court Nº 2 instituted proceedings for an alleged crime of genocide, and on 7 October 2008 issued a rogatory commission to the Chinese authorities, as requested by the public prosecutor, in order that the accused make their declarations regarding the acts denounced.

However, on 8 July 2009 this party was informed of the Chinese Embassy’s communiqué to the General Sub-Department of International Judicial Cooperation of Spain’s Ministry of Defence and Cooperation, which said: “The acceptance of said false lawsuit by Spain’s Audiencia Nacional has violated the basic principles of state jurisdiction and immunity established by international law and is not covered by the Treaty on Judicial Assistance on Criminal Matters between China and Spain. The Chinese party firmly refuses any request for judicial assistance regarding this case, while demanding that Spain assumes her responsibilities regarding international law, adopts immediate and effective measures to prevent any violation of the Treaty on Judicial Assistance in Criminal Matters between China and Spain and puts a stop to said case as soon as possible”.

This explicit rejection in writing of the judicial proceedings in Spain, together with many other declarations by Chinese diplomats and authorities during the proceedings and described in detail with sources and dates in our text, show China’s clear refusal to cooperate with the evidential proceedings to question the defendants by means of the “rogatory commission” sent to China. (A judicial method that allows defendants or witnesses to declare in their own homes or the judge to go where they are).

For the above reasons and the fact that sufficient rational indications of criminality exist regarding the acts denounced and their perpetrators, the CAT has requested in writing that the court issue a resolution agreeing to issue international warrants of arrest against the defendants, whose data and posts appear in the documents provided by the Foreign Ministry on 19 April 2006 and attached to the acts in sheets 231 to 237.

In this context, Dr. José Elías Esteve, author of the lawsuits and one of the lawyers of the case, has declared after the submittal of the request: “ After more than 3 years of declarations of victims and witnesses, of  investigative proceedings to verify the facts denounced, after the numerous reports and resolutions of international states and organisations supporting the evidence, I hope that justice will act, given the persistent lack of cooperation of Chinese authorities, issuing these orders of arrest so that the defendants can be brought to judicial presence and tell their version of the facts”.

END OF PRESS RELEASE

CAT: Comité de Apoyo al Tíbet: Email: info@tibetcat.com ; www.tibetcat.com

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