Courts Limitation of universal justice
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9 votes against 7 They allow the PP to meet the main goal of cutting universal justice
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The magistrates argue that the defendants are not Spanish nor do they reside here
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He also orders to file the case for murders of Falung Gong members
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They approve continuing the investigation into the death of Baby Hamday in El Aaiún
The Spanish nationalized Tibetan Thubten Wangchen Sherpa, whistleblower of genocide in Tibet. THE WORLD
"China has a 20% of the Spanish public debt and a click en un ratón en China para que nos encontrásemos con una prima de riesgo como la que teníamos hace dos años". The minister of Foreign Affairs, José Manuel García-Margallo, made explicit with that quote, expressed during his participation in The debate of 1 from the past 10 April, the motivation that has led to the party that supports the Government a curtail the application in Spain of the principle of universal jurisdiction. Today it was fulfilled, well, the main objective: by a narrow margin of nine votes to seven, he Plenary of the Criminal Chamber of the National Court agreed to close the case in which it was being investigated the chinese genocide which has caused a million deaths in The Tibet, in which the former presidents were accused Hu Jintao and Jiang Zeming. Against the latter, and against four other former senior officials, There was also an international arrest warrant. From now on, it's wet paper.
Along with this procedure, the most conflictive from the point of view of international relations, The Plenary ordered the dismissal of the genocide case, torture and murder in China of members of the religious movement Falun Gong. Of the 13 investigations opened in the National Court under the protection of universal Justice, two have died: the two that affected the communist regime of Beijing.
The nine magistrates who have supported the filing of the complaints consider that the legal reform, approved with the sole votes of the PP without debate and without obtaining advisory reports through an express procedure, prevents the Spanish courts from granting themselves jurisdiction to investigate the crimes that the Chinese leaders were accused of - genocide, torture and crimes against humanity- when they have been committed outside our country, with the only exceptions that the case is directed against a Spaniard, or against a foreigner who habitually resides in Spain or against a foreigner who is in Spain and whose extradition has been denied. None of these indications are fulfilled.
Predictably, The dissenters will have accepted the arguments of the popular action exercised by the Tibet Aid Committee, who has confirmed to this newspaper that he will appeal the resolution to the Supreme Court. He alleges that the Plenary should not go into the substance of the matter, since the law prevents the closure of a case while procedures aimed at clarifying the crime remain to be carried out., in line with the judge's reasoning Pedraz in it Couso case.
Fundamentally, maintained that international treaties oblige Spain to continue investigating and that the events could be classified as war crimes - the Plenary Session already unanimously resolved that the Geneva Convention, in those cases, Yes, it prevents the closure of the procedure- and as terrorism - the legal reform leaves these causes alive if there are Spanish victims, and the complainant, Thubten Wangchen Sherpa, acquired that nationality.
The Prosecutor's Office had also raised the possible unconstitutionality of the reform, understanding that it may violate the right to effective judicial protection and represent an interference in judicial independence.
Also, The Plenary accepted the prosecutor's arguments to continue investigating the murder of the Sahrawi citizen with a Spanish passport Baby Hamday during the assault by Moroccan forces on Camp of Dignity in it Sahara, understanding that Spain continues to be the administrative power de jure.
