Madrid, 19 mar.- La Fiscalía ha pedido al juez Ismael Moreno que concluya "de manera urgente" the summary against former Chinese leaders for crimes of genocide and crimes against humanity in Tibet to be able to present before the Criminal Chamber of the National Court, if the parties deem it appropriate, appeal of unconstitutionality to the reform of universal justice.
The prosecutor of the case, Pedro Martínez Torrijos, This is how he responds in a letter to the transfer that National Court judge Ismael Moreno gave to the parties this week so that they could report on whether or not the application of the reform of the article in this case was possible. 23 of the Organic Law of the Judicial Power that regulates universal justice.
The Prosecutor's Office, just as he did yesterday in relation to the Couso case - the death in Iraq of the cameraman José Couso in 2003-, has chosen to request that the summary be concluded so that the proceedings can be elevated to the Criminal Chamber of the National Court, in order for the parties to present a question of unconstitutionality.
Thus, Alonso appealed yesterday against Pedraz's decision because, in your opinion, prevents the parties from the possibility of raising an appeal for unconstitutionality to the reform of universal justice in that case.
Regarding the cause of Tibet, The prosecutor believes that it should also be raised to the Criminal Court so that it can take a position on the sole transitional provision of the reform., in which the retroactive filing of open universal justice cases is ordered.
As stated yesterday by the lieutenant prosecutor of the National Court, Jesús Alonso, regarding the Couso case - which Judge Santiago Pedraz refused to archive ex officio, invoking the Geneva Convention -, la competencia para acordar el sobreseimiento de cualquier caso corresponde "de forma excluyente" to the Criminal Court and never to the investigating judge.
In fact, Martínez Torrijos believes that the dismissal of the cases, that the Executive ordered with the entry of the law, must be accommodated to the jurisdictional system established by the Criminal Procedure Law (Lecrim), where it is established that the Criminal Courts are competent to decree the archive.
The past 10 February, Moreno ordered the search and capture for his arrest and entry into unconditional imprisonment of five Chinese communist leaders, Among them former president Jiang Zemin, For crimes of genocide, torture and lesa humanity in relation to repression in the Tibet.
After this decision, China expresó en varias ocasiones su "fuerte malestar" y su "firme oposición" a la decisión de la Justicia española y expresó su deseo de que el Gobierno resolviera "de forma apropiada" This matter.
The complaint for the alleged genocide in the Tibet in the eighties and the nineties, He fell to 2006 To the National Court Judge, Ismael Moreno, who the 11 October 2013 He extended it to the former Chinese president Hu Jintao.
Judge Fernando Andreu and the High Court Prosecutor's Office yesterday showed their doubts about the constitutionality of the universal justice reform, While the six central instructional judges made the decision to address the parties so that they position themselves on the effects of the reform.
The judges of the National Court have thus rebelled against the automatic filing of the cases affected by the entry into force of the reform, on which the Prosecutor's Office already expressed discrepancy in a complaint that sent the State Attorney General, By understanding that this reform limits crimes investigation, lo que a su entender podía ser "en cierta medida" unconstitutional.
(EFE agency)
