Carlos Berbell
27 December, 2016
The Constitutional Court has admitted the amparo appeal filed by the Tibet Support Committee, the House of Tibet Private Foundation and Thubten Wangchen against the file, in the Supreme Court, of the case for alleged genocide of the Tibetan people.
This case was dismissed by the Plenary Session of the Criminal Chamber of the Supreme Court unanimously on 22 April 2015 after the entry into force of the legal reform that curtailed universal justice.
“The Fourth Section has examined the appeal for protection and has agreed to admit it for processing.”, appreciating that it has a special constitutional significance (art. 50.1 LOTC) as. consequence of the fact that the possible violation of the fundamental right that is reported could come from the law or another general provision [STC 155/2009, FJ 2, c)]”, says the Constitutional Court in the document to which Confilegal has had access.
In the same, The highest court of guarantees in Spain directs two communications, one to the Second Chamber of the Supreme Court and another to the National Court, so that within ten days they send you an authenticated photocopy of both the appeal and the file containing the corresponding summary.
In the National Court, the investigation of the case corresponded to the Central Magistrate 2 training, Ismael Moreno, who investigated the genocide, torture and crimes against humanity in Tibet, where a million people could have died in the last 50 years.
Moreno ordered, In February of 2014, the arrest of Jian Zeming, former chinese president, and of Li Peng, express ministro, Qiao Shi, head of Chinese security and police, Chen Kuiyan, former secretary of the Communist Party in Tibet, and Peng Pelyun, former minister of family planning. The former president was also charged in the case Hu Jintao.
The search and arrest order issued by the judge generated a diplomatic conflict with China, who called the Spanish ambassador in Beijing for consultations.
The Chinese authorities expressed, besides, openly “his firm rejection” to the decision.
The PP Government, consequently, drastically limited universal justice through a reform of the Organic Law of the Judiciary carried out in 2014.
According to said reform, Spanish judges will only be competent to investigate crimes of genocide, against humanity or against the laws of war when “the procedure is directed against a Spaniard or against a foreign citizen who habitually resides in Spain or who was in Spain and whose extradition has been denied by the Spanish authorities”.
The admission for processing of the appeal for protection opens a new door in the search for justice in Tibet.
