CAT Press Release – Comitted fromAsupport toTibet
Rajoy travels to China with his homework done:
anular el caso Tíbet y desmantelar la Justicia
Universal en España y asegurarse el puesto en
el Consejo de Seguridad de Naciones Unidas.
24 September 2014
Presentation of the resource:
24 September 2014
Presentation of the resource:
The day 18 September 2014 the CAT (Tibet Support Committee) and co-plaintiffs Tibet House Foundation and Thubten Wangchen, They presented an appeal before the Supreme Court against the filing of the Tibet case by the National Court.
The resource:
– Remember that the procedure is followed for crimes of genocide, crimes against humanity, torture, forced disappearances of people against the Tibetan population, terrorism and war crimes.
– He denounces that the judges of the National Court who filed the case ignored the ruling on Spain's obligation to prosecute war crimes as provided for in the Geneva Conventions., as was firmly recalled by the dissenting opinion of five magistrates.
– He argues that it is an obligation, in accordance with international law, pursue all international crimes denounced in the case and that Spain has the obligation to comply in good faith with international treaties.
– He reasons that by pursuing the case for acts of terrorism (of State) and there is a Spanish victim Thubten Wangchen the new law allows his persecution in Spain
– Finally, It is noted that the international crimes of Tibet cannot even be prosecuted before the International Criminal Court, that does not recognize China, not even in Chinese courts, whose judges follow the political dictates of the Chinese Communist Party. For all these reasons, definitively filing the case would imply tilting the balance of justice retroactively in favor of impunity., ignoring international law, since the Nuremberg trials, must persecute genocide killers and torturers. Consideration that has ignored the legal reform of the PP and that is being appealed before the Constitutional Court by 50 PSOE parliamentarians.
PSOE unconstitutionality appeal :
The appeal filed last 12 June 2014 by all members of the PSOE in the Congress of Deputies for the unconstitutionality of the reform of the Universal Justice law because it was admitted for processing on 22 July 2014 :
In the appeal before the Constitutional Court, el PSOE sostiene que la reforma "vulnera de forma clara y flagrante el derecho a la tutela judicial y muchos artículos de la Constitución", such as the one that prohibits the arbitrariness of public powers and the one that protects judicial independence. Soraya Rodríguez,PSOE spokesperson who presented the appeal, He alluded to the international shame generated by the reform and announced that when the PSOE comes to power it will be one of the first regulations that they repeal..
http://www.lavanguardia.com/vida/20140723/54412401511/el-tc-admite-a-tramite-el-recurso-del-psoe-contra-la-justicia-universal.html?rel=rosEP
Rajoy's trip to China:
Es difícil pasar por alto la cronología de la reforma "express" of the law of Universal Jurisdiction in Spain (specifically the article 23.4 which includes all international crimes), y el viaje "de negocios" from Rajoy and his economic entourage to China. After the scolding of the Chinese Government and the massacre of judicial independence in Spain, Rajoy is finally allowed to go talk business again. La última visita hace un año fue cancelada hasta que no "solucionara convenientemente" the issue of the Tibet case. The international arrest warrants issued by the National Court against five of those prosecuted for genocide and the prosecution of former Chinese President Hu Jintao for this same crime did not sit well in China.. The usual threats did not wait. Rajoy and his government, with the opposition of the entire Congress, obeyed and have managed to file the case, for now and that they thank him publicly and a new appointment starting tomorrow:
More details: http://www.elmundo.es/espana/2014/09/05/5409851822601d261a8b4574.html
In case there was any doubt: China thanks Rajoy for his efforts to end universal justice: "Acogemos con agrado los esfuerzos del Gobierno y sus departamentos competentes", says a Beijing spokesperson, after the closure of the Tibet and Falun Gong cases"
http://www.publico.es/529796/china-agradece-a-rajoy-sus-esfuerzos-por-acabar-con-la-justicia-universal
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Lhakar Awards 2014 al Dr. José Elías Esteve Moltó and Alan Cantos, New York on 23 August 2014 :
Lhakar is a popular movement that was born in Tibet in 2008, but it has spread all over the world, becoming a force that unites Tibetans inside and outside Tibet”, dice Tenzin Dolkar, CEO of SFT. “Through apparently apolitical actions, how to wear tibetan clothes and speak tibetan, Tibetans in Tibet directly challenge and resist CCP policies.”
José Elías Esteve Moltó and Alan Cantos were awarded the Lhakar Solidarity Award “for the audacity of their vision.”, the breadth of his imagination and the strength of his commitment to bringing justice to the Tibetan people.” His historic lawsuit in the Spanish courts led to arrest warrants being issued against 5 senior chinese officials, including former president Jiang Zemin. First time that these awards are granted to non-Tibetans.
More details: http://lhakar.org/
End of CAT Press Release
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PRESS RELEASE FROM THE CAT (Tibet Support Committee)
The CAT lodges an appeal at the Supreme Court against the shelving of the Tibet case.
Rajoy visits China after completing his homework: annulling the Tibet case, dismantling universal justice in Spain, and ensuring a place on the U.N. Security Council.
24rd September 2014
Lodging the appeal
On 18 September 2014 the CAT (Tibet Support Committee) and the co-plaintiffs – the Tibet House Foundation and Thubten Wangchen – lodged an appeal in the Supreme Court against the staying of the Tibet case by Spain’s National Court (National Court).
The appeal
– Stresses that the lawsuit pursues crimes of genocide, crimes against humanity, torture, forced disappearances, acts perpetrated against the Tibetan population, terrorism and war crimes.
– Denounces that the Special Court judges who stayed the case said nothing about Spain’s obligation to pursue war crimes according to the Geneva Conventions, which was severely commented on in the personal vote against by five of the investigative judges.
– Argues that, in agreement with international law, it is an obligation to pursue all the international crimes denounced in the lawsuit, and that Spain has the obligation to comply in good faith with international treaties.
– Also argues that as the lawsuit concerns acts of (state) terrorism and there is a Spanish victim – Thubten Wangchen -, the new law allows its pursuit in Spain.
– Lastly, the appeal warns that international crimes in Tibet cannot be pursued either in the International Criminal Court, whichChina does not recognise, or in Chinese courts whose judges follow the political dictates of the Chinese Communist Party. For all these reasons, the definitive closure of the case would mean upsetting the balance of justice retroactively in favour of impunity, while ignoring international law, which, since the Nuremberg Trials, states that people accused of genocide and torture must be prosecuted; something that the PP’s legal reform has ignored and that was appealed in the Constitutional Court by all Socialist MPs.
The Socialist Party’s appeal of unconstitutionality
The appeal presented on 12 June 2014 by all the Socialist Party MPs, for unconstitutionality of the reform of the law on universal justice, was admitted on 22 July 2014. In their appeal to the Constitutional Court, the Socialist Party maintain that the reform “clearly and flagrantly violates the right to judicial protection and many articles in the Constitution”, like the one forbidding arbitrariness of public powers and the one protecting judicial independence. Soraya Rodríguez, the Socialist spokesman who presented the appeal, remarked on the international shame generated by the reform and announced that when the Socialist Party reached power this would be one of the first laws it would revoke.
http://www.lavanguardia.com/vida/20140723/54412401511/el-tc-admite-a-tramite-el-recurso-del-psoe-contra-la-justicia-universal.html?rel=rosEP
Rajoy’s trip to Beijing
It is hard to ignore the chronology of the “Express” reform of the law of universal jurisdiction in Spain (specifically, Article 23.4, which covers international crimes), and Rajoy and his economic entourage’s “business” trip to China. After scolding the Spanish Government and killing judicial independence in Spain, the Beijing Government finally allowed Rajoy to take a new trip to discuss business. The previous trip a year ago was cancelled until the Tibet case was “resolved adequately”. The international arrest warrants issued by Spain’s Special Court against five people accused of genocide, and the prosecution of former Chinese president Hu Jintao for a similar crime, did not go down well in China. The usual threats were not long in coming. Rajoy and his government, despite opposition from the rest of Parliament, complied and succeeded in getting the case closed for the moment, for which they were publicly thanked and granted a new appointment which starts tomorrow.
For more details see: http://www.elmundo.es/espana/2014/09/05/5409851822601d261a8b4574.html
If there was any doubt about it: China thanks Rajoy for his efforts to put a stop to universal justice: “We welcome with pleasure the efforts of the Government and their relevant departments”, said a Beijing spokesman after the Tibet and Falun Gong cases were closed.”
http://www.publico.es/529796/china-agradece-a-rajoy-sus-esfuerzos-por-acabar-con-la-justicia-universal
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Lhakar Prizes 2014 awarded to Prof. José Elías Esteve Moltó and Alán Cantos, New York 23 August 2014:
“Lhakar is a popular movement that arose in Tibet in 2008 but has spread throughout the world, to become a force that unites Tibetans both in and outside Tibet”, says Tenzin Dolkar, executive director of Students for a Free Tibet (SFT). “Through apparently non political acts, like wearing Tibetan clothes and speaking Tibetan, Tibetans in Tibet directly challenge and resist the policies of the Chinese Communist Party.”
José Elías Esteve Moltó and Alan Cantos were awarded the Lhakar prize for Solidarity “for the boldness of their vision, the breadth of their imagination and the strength of their commitment to bringing justice to the Tibetan people”. Their historical lawsuit in the Spanish court resulted in arrest warrants being issued for 5 top Chinese officials, including former president Jiang Zemin. This is the first time these prizes have been awarded to non Tibetans.
For more details, see: http://lhakar.org/
End of the press release by the CAT
