The magistrate sends the summary to the Criminal Chamber of the National Court as requested by the prosecution
The judge of the National Court Ismael Moreno has concluded the investigation opened to the Chinese authorities for the Tibetan genocide in the years 80 and 90 of the last century in application of the new law that limits universal justice. The titular magistrate of the Central Court of Instruction number 2 has submitted the summary to the Criminal Chamber of the National Court –the superior court- for this body to decide whether to file the case or present a question of constitutionality. In this case they are accused, inter alia, the former Chinese presidents Hu Jintao and Jiang Zemin or the former prime minister Li Peng. The Asian giant has put pressure on the Spanish Government through diplomatic channels to close the investigation. These pressures, including economic threats –China owns the 20% of Spanish debt in foreign hands- are behind the express legislative modification that virtually nullifies the power of Spanish judges to prosecute crimes against humanity committed outside the national territory.
Judge Moreno is the one who has most complied with the request of the National Court prosecutor's office. The public ministry considers that in summary procedures —those in which crimes punishable by sentences exceeding nine years in prison are resolved— The competence to resolve the dismissal falls “exclusively” in the superior court that must judge the facts, In this case the Criminal Court. According to the public ministry, The instructors of the universal justice cases must conclude the summaries in an “urgent” manner.” and submit the proceedings to the Criminal Court to decide whether or not it is appropriate to file the case in accordance with the new law..
The judge of the National Court Ismael Moreno dictated the last 10 February, while the legal reform of universal justice was being processed, an international arrest warrant against former Chinese President Jiang Zemin and former Prime Minister Li Peng for crimes of genocide, torture and crimes against humanity against the population of the autonomous region of Tibet. The magistrate's order, which derives from a complaint filed in 2008 by the Tibet Support Committee and a Tibetan lama of Spanish nationality, extends against three other former political and military leaders of the Chinese Communist Party (CCP).
It will be the plenary session of the Criminal Chamber of the National Court that will decide on the resources that are filed in the universal justice cases brought by the magistrates.. The public ministry also points out that the court can “adopt the decision it deems appropriate in relation to the constitutionality of the aforementioned regulations.”, in reference to the Organic Law of the Judiciary that restricts universal justice and establishes that “the case will be dismissed” those causes that do not fit the requirements of the new regulations.
