The accelerated PP reform to close the case of the Chinese leadership

Question

The accelerated PP reform to close the case of the Chinese leadership

Answer 1

Chinese giant or is coughing. The Spanish government wants to avoid at all costs a diplomatic row with Beijing and is unwilling to investigations of judges clouding economic relations with what is already the world trading power. Therefore, it has launched a ready legal reform and surreptitiously aimed archive soon open case in the High Court by the Tibetan genocide, which has ordered the arrest of five members of the Communist nomenclature, including president Jiang Zemin and former Premier Li Peng.

To give the maximum speed for this reform, which slashes the scope of the so-called universal jurisdiction, has resorted to a singular case: the presentation of a bill of the Popular Party in Congress. Initially, the government planned to include this change in the reform of the Organic Law of Judicial Power that places the Ministry of Justice, but this would require a request reports of the General Council of the Judiciary (GCJ), the State Council or the Audit Committee, so that the process is lengthened months. Drawing on the PP, the Government prevents pass reform by the Council of Ministers, the stage is skipped and reports, if imposed by the emergency procedure can take it into effect in two months. The groups that support the government usually have no bills, it is assumed that this is who is responsible for initiating legislation. In fact, the PP had not filed in this term. So more surprising.

In 2009, socialist and last traded popular first cut of universal jurisdiction to avoid diplomatic friction. Even then they did for the back door, introducing an amendment to the law establishing the Judicial Office, which examined the Congress. Now the PP, an absolute majority, has not even sought the complicity of the PSOE.

The reform of 2009, still in force, left open to the High Court to investigate crimes abroad when their suspects were in Spain, Spanish victims or had existed " some link of relevant connection with Spain ' door. Is that the door to be closed, eliminating any ambiguity.

The proposition that the PP presented at the congressional record on Monday said that Spanish judges may only investigate crimes of genocide and crimes against humanity, as in the case of Tibet, when " the procedure is directed against a Spanish or a foreign citizen habitually resident in Spain or find in Spain and whose extradition has been denied by the Spanish authorities. " Like the defendants in the case that Judge Ismael Moreno teaches Chinese citizens and none are found in Spain, it is known, would not be possible to investigate. The reform also makes clear that the crimes of universal jurisdiction only call will be " prosecuted in Spain prior filing of a complaint by the victim or by the prosecutor." Popular Action, under Article 125 of the Constitution is excluded.

The prosecutor never filed complaint Tibetan genocide, but did so popular action (exerted by two foundations of solidarity with Tibet) and the prosecution (the Tibetan nationalized Spanish Thubten Wangehen). With the reform, the first may not reporting.

Yet remain a last loophole to keep research alive: the classification of the crime of genocide is changed to torture, since the latter is taken into account the nationality of the victim. But reform requires that " the victim had Spanish nationality at the time of the commission of the offense," a requirement that does not meet the said Thubten Wangehen.