Nuovo intervento del CAT presso il tribunale di Madrid

Il CAT (Comitato di Sostegno al Tibet) spagnolo ha richiesto al Tribunale Centrale n.2 di Madrid che, nel corso della procedura contro rappresentanti del Governo Cinese per crimini di genocidio in Tibet, vengano uditi nuovi testimoni e vengano anche considerate le violazioni della Convenzione di Ginevra commesse dal regime di Pechino. Segue il comunicato di CAT in  inglese:

Last Friday 3rd September the CAT, in its own name and on behalf of the co-plaintiffs (Fundación Casa del Tíbet and Spanish Tibetan citizen Thubten Wangchen), has presented a written request to the Central Court Nº 2 of Spain’s Audiencia Nacional, asking that, as part of the investigations into the case of genocide and other crimes committed in Tibet (accepted in January 2006 and currently under investigation) the acts denounced and investigated up to now also be considered grave violations to the Geneva Conventions, and in addition that four expert witnesses and one direct witness be asked to testify.
The Court is also asked to clarify the state of the proceedings of the testimony of the American doctor, Dr. Blake Kerr, for which the Court requested a rogatory commission three years ago. Dr. Kerr witnessed and can provide extensive evidence of forced abortions and sterilizations practised on Tibetan women following orders from Chinese authorities implicated in the repression. This evidence is one of the bases of the crime of genocide under investigation by this Court.

Allegations:

The allegations to justify this request are based on: 1) the judicial status of Tibet as an occupied territory and the mass population transfer of Chinese (the occupying state) to Tibet (the occupied state), and 2) crimes that according to international treaties and conventions should be pursued in Spain, such as serious violations of the Geneva Conventions relating to war crimes.
Said request argues that even admitting a variation in the legal status of these occupied territories, Article 47 of Geneva Convention IV still protects populations such as the Tibetans as said article guarantees that: ““Protected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as a result of the occupation of a territory, in the institutions or government of said territory, nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power, nor by any annexation by the latter of the whole or part of the occupied territory”. Thus, any claims to sovereignty by the occupying powers are irrelevant with regard to the application of the Geneva provisions. The Conventions’ objective centres on the protection of basic rights, so any arguments regarding sovereignty over those territories are invalid.

Context:

These binding international treaties and conventions are applicable in Spain in accordance with Article 23 of the Organic Law of Judicial Power (LOPJ in its Spanish initials). This article, which derives from these conventions and contemplates the principle of universal justice that has made it possible to put an end to impunity for the world’s most horrendous crimes, has recently been modified shamefully and with almost no parliamentary debate. In an unprecedented pact between the PP and PSOE, clearly aimed at avoiding diplomatic unpleasantness while favouring commercial relations with powerful countries like China, the United States and Israel, all affected by Spanish justice, the action of universal justice has been limited, under the pretext of “rationalising” it, to cases where there are Spanish victims and a “national connection”. These treaties and conventions are the essence of the universal jurisdiction that allows and obliges Spain and other signatory states to pursue these crimes, as is incorporated in the Spanish Constitution.

Experts and direct witnesses:

In order to provide the basis for the legal classification of the acts initially considered those of genocide, declarations from the following direct and expert witnesses are requested regarding the fights that took place during the first years of the People’s Liberation Army’s invasion of Tibet:
– Dr. Michael Van Walt Van Praag, Dutch jurist specialising in the Tibetan conflict, author of the book The Status of Tibet: History, Rights and Prospects in International Law, Westview Press / Wisdom Press (Boulder / London, 1987), assistant professor of international law at the Golden Gate University School of Law, legal advisor to the East Timor Foreign Ministry (2001-2002), council member and executive president of the international Peace Council of States and Minorities (Kreddha).
– Dr. S.L.Kuzmin, Russian historian specialising in Tibet and author of the recently published book: “Hidden Tibet: History of Independence and Occupation”, in Spanish: “El Tíbet Oculto: Historia de Independencia y Ocupación”.
– Dr. Antonio Remiro Brotons, professor of international public law at Madrid’s Universidad Autónoma.
– Dhondup Namgyal Khorko, born on 15 March 1946 in Palpung in the district of Payul, and who lives in the United States since 1980.  Mr. Khorko was an eyewitness of the invasion of Tibet and the Chinese atrocities committed during the war of occupation.

Concluding thoughts:

These last few days the President of the Government and all his diplomatic and commercial followers have speeded up in Shanghái (China) the economic-friendly-cultural idyll with the Chinese Government. Telefónica is set to become the second mobile telephone operator in the world; the new compact Chinese car Chery has to be manufactured in Catalonia, etc, etc, etc. We have no objections to commerce and friendship with China. But NOT at the price of sacrificing the basic principles of Spanish democracy, such as the separation of powers and the fight against impunity throughout the world. While the PSOE and PP play out their disagreements and quarrels every day, many people, thinkers, lawyers and judges ask themselves how is it possible for them to have changed a law so that universal justice is limited to Spanish victims – contradicting its essence and the very name of universal justice – together with the elusive condition of a “national connection” with the country where the crimes were committed. On President Zapatero and Foreign Minister Moratinos’ return from China after selling Spain’s brand mark at every commercial, diplomatic, cultural and political level, what HAS become clearly certified is the “national connection” of Spain with China and its occupied territories!

Fonte: Redazione, 10 settembre 2010

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