The magistrate issues an order to comply with the search and arrest order of the CCP leadership for the Tibetan genocide
Fernando J. Pérez Madrid 6 FEB 2014
enlarge photo Yiang Zemin (right), in an image of 2002. / FREDERIC BROWN (AFP)
The judge of the National Court Ismael Moreno will issue the international arrest warrant against former Chinese President Jiang Zemin and former Prime Minister Li Peng, among other former senior officials of the political and military leadership of the Asian giant, For genocide in the Tibet. Through a resolution of just one paragraph, The magistrate complies with the order of the Second Section of the Hearing, that the past 18 November, ordered the search and capture of the politicians who governed China in the nineties of the last century.
The brief writing puts a full stop in the judicial imbroglio regarding the arrest warrants of the leadership of the Chinese Communist Party. Both Judge Moreno and the Prosecutor's Office of the Court were contrary - and reluctant- to issue arrest warrants. Opposite, the Fourth Section of the Criminal Chamber, upper organ, accepted the theses of the Tibet Support Committee, promoter of the complaint over the genocide in the Chinese autonomous region, and forced the search and capture of CCP leaders.
Ismael Moreno's decision, bound by Section Four, It comes while the reform of the Organic Law of the Judiciary is being processed in Congress, which will reduce the so-called international jurisdiction to a minimum., this is, the competence of the Spanish judges, in this case those of the National Court, to investigate crimes against humanity and others committed outside Spanish territory. This limitation of universal justice comes after the Chinese regime has shown itself vexed by the actions of the Spanish judges and has put pressure on the Government of Mariano Rajoy with commercial and economic measures..
This Wednesday, the Fourth Section of the Hearing, chaired by Judge Ángela Murillo, rejected the annulment incident presented last 20 of January by which the Prosecutor's Office sought the annulment of an order from the Fourth Section itself by which Judge Ismael Moreno was forced to issue the arrest warrants, that he had decided to archive.
The prosecutor argued that to issue arrest orders, que causaron un "fuerte malestar" In the Chinese government, a motivated prison car had to exist in the procedure, but the court held that this procedure corresponds to Instructor Judge, Ismael Moreno, who should have issued the car and then order the arrests.
The fourth section ordered Moreno the past 18 November to dictate the arrests when appreciating, against the criteria of this magistrate, que había indicios de delito contra los exdirigentes por su participación en lo que las víctimas califican de un ataque "generalizado y sistemático contra la población tibetana" between the end of the 80 and principles of 90 of the last century.
The Fourth Section also reproached the prosecutor for having requested the annulment last 20 January, two months after arrests were ordered, cuando "decidió darse por notificado" of it, y presentó un incidente "fundamentándolo en motivos que, spare, conocía dos meses antes".
Aparte de Jiang, President of China between 1993 and 2003, The Chamber ordered the arrest of Li Peg, Chinese prime minister at the end of the years 80 and principles of 90; Qiao Shi, Former Chinese Security and head of the Armed Police; Chen Kuiyuan, Secretary of the Communist Party of China in Tibet between 1992 and 2001, Peng Peyuyu, Minister of Family Planning in the years 80. The plaintiffs maintained that the statements of different witnesses before the court of Ismael Moreno, judicial information sent by Canada, Belgium and Sweden and the UN resolutions on Tibet pointed directly to the leadership of the CCP as responsible for the genocide and therefore called for their arrest..
