Gallop Parliamentary Government Mariano Rajoy to override call - universal justice competition from Spanish judges to investigate human rights crimes committed outside the national territory- not enough to avoid a very uncomfortable judgment for the Executive. The National Court judge Ismael Moreno on Monday issued an international arrest warrant for former President Jiang Zemin of China and against former Premier Li Peng for crimes of genocide, torture and crimes against humanity against the people of Tibet Autonomous Region in the eighties and nineties of the last century. The magistrate's order, which stems from a complaint filed in 2008 by the Tibet Support Committee and a Tibetan lama of Spanish nationality, lying against three other former political and military leaders of the Chinese Communist Party (CCP).
The magistrate's decision, taken against his judgment, and by the Fourth Section of the Criminal Division of the Audiencia, comes a day before the Congress debated the proposition Organic Law of PP to limit the scope of the universal jurisdiction. Also assumed a new predicament for bilateral relations between Spain and China. The Asian giant, one of whose foreign policy vectors is the rejection of the official recognition of the Dalai Lama, has pressured the Spanish government to achieve the court file of the case for genocide in Tibet. The protests from the Chinese government, which summoned the Spanish ambassador in Beijing, Manuel Valencia, to express his "strong discomfort ", including the threat of economic retaliation. China is the first commercial power in the world and the second holder of Spanish debt in foreign hands, with 20% of the total.
In the lawsuit the former president Jiang Zemin was accused of being aware of torture, extrajudicial executions and arbitrary arrests of Tibetans and to subject the people to " forced family planning policies including the widespread practice of forced abortions and sterilizations," among other crimes against humanity. Besides Jiang, president of China between 1993 and 2003, Moreno ordered the arrest of Li Peng, the Chinese prime minister in the late 80s and early 90s, Qiao s**+, former chief of security and responsible Chinese armed police; Chen Kuiyuan, secretary of the Communist Party of China in Tibet between 1992 and 2001, and Peng Peiyun, Minister of Family Planning in the 80s.
In a series of car - reasoned decisions - signed Monday, the Central Court of Instruction No. 2 pounds international arrest warrant against Jiang Zemin and other Chinese leaders and enact his " detention, communicated, unconditional and without bond ". The magistrate, which always reminds acting pursuant to an order of a superior court, Interpol claims to practice " efforts aimed to search and arrest and detention " of former Chinese leaders, who are " missing "for the Spanish justice.
Moreno gives course and to order the Fourth Section of the Criminal Division of the National Court. " Considering how tidy the room, finding missing Jiang Zemin, to materialize what ordendado around the room and fight the international arrest warrant and under article do 503 and following of the Criminal Procedure Act should be ordered provisional and unconditional prison without bail and free international arrest by order of the criminal division, "writes the judge in his car.
According to the complaint the Tibet Support Committee that led to the investigation, Jiang Zemin exercised " supervisory authority" over people who committed abuses directly. " Promoted and implemented policies actively aimed at populating the Tibet Autonomous Region with a majority ethnic Han, arresting thousands of Tibetans for long periods of time, torturing detainees and subjecting them to other illegal abuse both physical and mental "says the complaint. They also accuse the Chinese exmandatario to " subdue the Tibetans indiscriminately forced family planning policies including the widespread practice of forced abortions and sterilizations."
The decision to Ismael Moreno, bound by the Fourth Section, comes as pending in Congress to reform the Organic Law of the Judiciary will reduce to a minimum the call international jurisdiction, that is, the jurisdiction of the Spanish judges in this case to the High Court to investigate crimes against humanity and other work outside the Spanish territory. This limitation of universal justice comes after the Chinese regime has shown vexed by the actions of the Spanish judges and has lobbied measures of commercial and economic Government of Mariano Rajoy.
On Wednesday, the Fourth Section of the Court, presided by Judge Angela Murillo, rejected the motion for dismissal filed Jan. 20 by the Prosecution sought quashing of Section own self Fourth laying required judge Ismael Moreno to issue arrest warrants, he had decided to close.
The fourth section Moreno ordered last November 18 to issue arrest to assess, against the judgment of the magistrate, who had evidence of a crime against the former leaders for his participation in what victims describe as a ' widespread or systematic attack against the Tibetan population " between the late 80s and early 90s of last century.
Section Four also reproached the prosecutor has requested the annulment on 20 January, two months after the arrests were ordered when "decided to give notified " of it, and filed a motion " basing it on grounds that leftover knew two months before. "
The complainants argued that the statements of various witnesses before Judge Ismael Moreno, judicial information sent by Canada, Belgium and Sweden and UN resolutions on Tibet pointed directly to the CCP leadership as responsible for the genocide and asked why his arrest.
While Congress handles the proposition Law and sent to the Senate, universal justice procedures are ongoing. Precisely tomorrow, Wednesday, Judge Pablo Ruz will take witness statements and the forensic psychologist Etxebarria Francisco Carlos MartÃ_n Beristain, both from the University of the Basque Country, in relation to the mass grave found last June in Smara (Western Sahara).
In this burial of the former Spanish colony were found eight bodies of people executed on February 12, 1976, some of which had Spanish identity documents. Ruz Wednesday also cited three Algerians witnessed executions in the investigation on the alleged genocide of the Saharawi people. This case, arising from a complaint by the Human Rights Association of Spain, is one of those who are at risk of being filed with the limitation of universal jurisdiction, according to legal sources.
Tags: Chinese, former, halt, Jiang, judge, Leader, Moreno, Zemin