THE COUNTRY: The Government tries to defuse a serious diplomatic crisis with China

• The conflict comes with the Executive trying to achieve investments
• The Court orders the arrest of former Chinese president Jiang Zemin
• China warns that persecuting its leaders damages the relationship

To the Minister of Foreign Affairs, José Manuel García-Margallo, An unforeseen and unwanted diplomatic conflict has broken out in his hands. And precisely with the country on which Spain had set its eyes as a new Asian El Dorado for Spanish companies.: China, the second economic power in the world, called to unseat the first in a few years.

The decision of the National Court to issue a search and arrest warrant against five members of the Chinese nomenclature —including former president Jiang Zemin and the former Minister Li Peg—, as alleged responsible for a crime of genocide against the Tibetan people, has made the Beijing authorities angry. It is not for less, Well, this order, processed through Interpol, implies that they could be detained if they leave their country.

The Chinese Ministry of Foreign Affairs This past Wednesday he summoned the Spanish ambassador in Beijing, Manuel Valencia, to convey his “strong discomfort”. At the same time, the general manager for North America, Asia and Pacific of the Spanish Ministry of Foreign Affairs, Ernesto Zulueta, received the chargé d'affaires of the Chinese embassy in Madrid, at your request. The message that the Spanish diplomats conveyed to their Chinese interlocutors was the same: In Spain there is a division of powers and the Executive cannot interfere in judicial decisions. “It doesn't seem like they were very convinced.”, diplomatic sources admit.

The Chinese authorities did not limit themselves to complaining privately. El portavoz de la diplomacia china, Hong her, expressed in a press conference his “firm rejection of the Spanish institutions that, ignoring Beijing's position and being inconsistent with previous statements, "They manipulate this matter.". He even slipped a subtle warning: “We hope that the relevant parties in Spain take the Chinese concern seriously and do nothing to harm this country or the relationship between China and Spain.”.

The Spanish Government takes it very seriously. Just arrived from the United States —where he accompanied the Prince and Princess of Asturias on their visit to California and Florida—, Margallo called an emergency meeting yesterday in his department to address this crisis, that the Council of Ministers could discuss today.

No es la primera vez que las autoridades chinas discuten con las españolas las consecuencias del proceso abierto en la Audiencia Nacional a raíz de la querella presentada en 2006 by Tibet support associations.

After, the past 8 October, the same Fourth Criminal Section of the Court will agree to charge Hu Jintao —president of China since 2003 a 2013 and predecessor of Xi Jinping—, eExperts from the respective foreign ministries debated the case. The Chinese side claimed “sovereign immunity” of his former leaders, But Spanish legislation only recognizes such privilege to the current heads of state..

The truth is that Hu Jintao is not wanted because he has not yet been notified of his indictment.. The sources consulted estimate that it is difficult to be notified in the short term if the Chinese authorities refuse to acknowledge.

The arrest warrant does include, instead —además de al expresidente Jiang Zemin and former Minister Li Peng—, a Quiao Shi, Former head of Chinese security and head of the People's Armed Police; Chen Kuiyan, Secretary of the Communist Party in Tibet 1992 and 2001; Peng Peyuyu, Minister of Family Planning in the eighties.

The room for maneuver that the Government has to defuse the crisis is very limited. Legal sources recalled that the Fourth Section has acted against the criteria of the prosecutor and the instructor himself., Ismael Moreno. It's not the first time he's done it: Already last April he reopened the case for the genocide in Tibet, that the judge had provisionally filed.

In theory, There is no appeal against the arrest order of the Chinese leaders. It could only be considered, according to the same sources, an appeal before the same magistrates, with no chance of prospering. But it is not ruled out to try to have this appeal examined by the plenary session of the Criminal Court..

Government sources are also considering a reform of the Organic Law of the Judiciary, to limit the scope of universal jurisdiction. But a reform of this type has already been done in 2009. And two conditions were set to admit a complaint: that a Spaniard was involved and that the courts of the country itself have not investigated the facts. In this case both conditions are met, because the complaint is signed by Thubten Wangehen, a Tibetan nationalized Spanish; and the Chinese authorities do not even recognize the occupation of Tibet.

The conflict with Beijing comes for the Spanish Government at the worst moment. This year marks the 40 anniversary of the establishment of diplomatic relations between the two countries and, with that pretext, an offensive was launched to strengthen economic ties. MArgallo visited China last June and Mariano Rajoy should have visited China in September, who suspended the trip at the last minute because he could not meet President Xi Jinping. The visit of the head of the Spanish Government was only temporarily postponed, but it is difficult for it to be carried out until the current conflict is overcome.

It remains to be seen if this will have repercussions on the important bilateral economic relations.. China has become the second holder of Spanish debt after France (has around 20% of debt in the hands of foreigners); a growing source of tourists (177.000 in 2012, and 55% more than the previous year); and a notable if unbalanced business partner: in 2012, imports added 17.631 million and exports 3.765, with a coverage rate of only 21,3%, although better than previous years. Nails 600 Spanish companies are established in China and more and more Chinese firms are landing in Spain.

For the authorities in Beijing, it had become almost a cliché to define Spain as “China's best friend in the European Union”. Now you run the risk of ceasing to be.