Raise a “query”” to the Fourth Criminal Section of the National Court
Miguel González Madrid 9 ENE 2014
Photo: Li Peng (left) yJiang Zemin (the.), stock photo / ASSOCIETED PRESS
Almost two months after, the past 18 November, the Fourth Section of the Criminal Chamber of the National Court agrees the arrest of five members of the Chinese nomenclature —including former president Jiang Zemin and the former prime minister Li Peng— as alleged responsible for the genocide of the Tibetan people, the corresponding international orders have not yet been issued. And they are not likely to be anytime soon..
The investigating judge of the case, Ismael Moreno, has just issued an order in which it gives the three magistrates of the aforementioned section the hot potato to go ahead with search and arrest warrants that have deeply irritated the authorities in Beijing and opened a bilateral diplomatic crisis.
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In what constitutes an at least unusual movement, Moreno has decided to “raise this procedure in consultation [about the Tibetan genocide] to the Fourth Section of the Criminal Chamber so that, in separate resolution, agree to prison” of the Chinese leaders “or, in another case, resolve what is appropriate”.
The judge relies on a report from the prosecutor, according to which international arrest warrants require that there be a prior detention order detailing the facts, your legal qualification, the evidence and individual responsibility of each defendant. But instead of the judge himself issuing these prison orders, limiting the Section to revoking or ratifying them, Moreno intends for this to be the one, “in your case, agree to the imprisonment of the defendants with the required motivation.”. And it does so through the atypical query formula.
Moreno already decided at the time to archive the procedure and it was the Fourth Section of the Chamber that, considering the resources of the accusation (carried out by the Tibet Support Committee and the House of Tibet, together with the Spaniard of Tibetan origin Thubten Wangchen) the one who saved him.
After the judge requested a report from the prosecutor, The prosecution presented a brief last month in which it asked Moreno to comply “without delay” the agreement of the Fourth Section and “immediately issue international arrest warrants”. Something that seemed obvious, because there was no appeal against the agreement of the Section.
