José Elías is the lawyer drafting the two complaints presented before the National Court for genocide and crimes against humanity committed against the Tibetan people
In an interview on Attac TV, he analyzes the express legal reform of universal jurisdiction that would mean filing the case
José Elías Esteve, editor and investigator of the two complaints presented before the National Court for genocide and crimes against humanity committed against the Tibetan people; admitted for processing on 10 of January of 2006 and 6 August 2008, analyzes in an interview on Attac TV the express legal reform approved by the Popular Party, whose objective is to archive as soon as possible The open cause at the National Court for Tibetan Genocide.
Interview with José Elías, by Attactv
The lawyer, Professor at the University of Valencia and Doctor in Public International Law and International Relations, denounces that this decision is proof that the State is at the service of business. “Laws are being made at the dictates of the interests of large companies”, dice. What in your opinion questions Spanish democracy.
Already in 2009 PP and PSOE, then in the Government, They agreed on a reform to restrict the principle of universal jurisdiction, by which any court can try crimes such as torture or genocide regardless of the nationality of the victims, of the accused or the territory where the crimes were committed. But it left an open door for the National Court to investigate crimes abroad when those allegedly responsible were in Spain., there would be Spanish victims or there was "some relevant connection link with Spain". That is why the case for the crimes in Tibet could not be closed despite the “repeated attempts to have it closed by the Prosecutor.”, apostille Elías. There was that connection with Spain as one of the victims, Thubten Wangehen, has Spanish nationality.
It is that loophole that the Popular Group's bill now wants to close., eliminating any ambiguity. The reform requires, among other requirements, that “the victim had Spanish nationality at the time of the commission of the acts”; a requirement that the aforementioned Thubten Wangehen does not meet.
That would be enough for the complaint to be filed., since the criminal laws favorable to the prisoner are retroactive. The PP, nevertheless, has wanted to clear up any doubts that the judges may raise and has included in its text an unusual transitional provision in which it is exhaustively ordered: “The causes that at the time of entry into force of this law are in process […] will be dismissed until compliance with the requirements established in it is accredited ”. That is to say, First investigations are archived and then examined if they should be reopened, against all logic.
Elías's opinion on the bill is resounding: “the system of protection of Human Rights, in the case of Tibet, has failed”.
Video with the interview with José Elías Esteve Moltó on ATTACTV:




