A great dilemma can be considered as of today by the oppressed peoples such as Tibetan, The Saharawi, The Palestinian and many others who have not found justice or in their land
José Elias Esteve Moltó 11 FEB 2014 – 11:04 CET
Now almost nine years ago, Tibetan victims They went personally to seek justice before the Spanish courts, and through the popular action exercised by the Tibet Support Committee (CAT) and seconded by the House of Tibet Foundation, Together with the particular accusation of Tibetan with Spanish nationality, Thubten Wangchen, They presented an unusual complaint accusing the dome of the Chinese Communist Party to commit international crimes (genocide, torture, crimes against humanity and state terrorism) Against the Tibetan Population.
Spanish jurisdiction was attended, Not with the mood of wearing judicial action in our country, but with the desperate purpose of looking for a repair that could not, neither can you find or before the Chinese courts, nor before a International Criminal Court whose Rome statute has not ratified the Asian giant. This is precisely the virtue of universal justice, that amends the lagoons of the system and allows the victims to go to other courts by not finding justice in their own country. The purpose should be unquestionable: fight impunity where you can; either before the Argentine courts where the victims of Franco have come, before the German or French courts to denounce the previous US Secretary of State, Donald Rumsfeld, for the crimes committed in their particular fight against international terrorism or against South African courts to pursue the abuses of the Zimbawe dictatorship.
The Tibetan Victims assumed that those states that were part of conventions such as Geneva, of genocide, torture, forced disappearances, etc., They were obliged to prevent and sanction these international crimes that offend the entire international community as a whole. And so it was initially. Consequently the National Court with this spirit ruled by order of 10 of January of 2006 that the Spanish courts had the full competence to investigate the genocidal facts denounced. It is enough to remember that according to the reports collected by the Tibetan government in exile, More than one million Tibetans have died as a direct consequence of the act of aggression and military occupation of Tibet. Curious way of "peacefully liberating” A town subject to feudal yoke.
Since the opening of previous proceedings dozens of Tibetan victims, direct witnesses and international experts for years were lending their testimony to the National Court, ratifying and testing the denounced facts. And all this despite the pressures of the spokesmen of the Beijing regime who repeatedly declared publicly that this legal initiative proved to be a "complete defamation and absolute lie", In addition to incurring an inadmissible interference in their internal affairs.
Despite these constant diplomatic and political pressures and a First reform of universal jurisdiction in Spain in the 2009, The case of Tibetan genocide continued to investigate at the National Court. However, The latest judicial decisions of the past autumn extending the accusations to the highest mandatory president, Hu Jintao, and the decree of international arrest orders against part of the old dome of the Politburo (That yesterday 10 February were effective despite the initials of the prosecutor and the instructor judge) caused the final reaction of the Middle empire. On the one hand Zhu Weiqun, President of the Committee of Religious and Ethnic Affairs of China, He snapped with chulescos airs referring to the Spanish judiciary: "Que vayan adelante si se atreven"; while among others, Wu Jingjie, Deputy of the National Congress and Vice-Secretary of the Autonomous Region that headed a Chinese mission before the Congress of Deputies, demanded in Madrid with self -confidence to our leaders, an "immediate and definitive political solution".
And so it has been, The Popular Party Government through this new universal justice reform processed urgently, He has not hesitated to prostrate Spanish democracy for the claims of some "communist" leaders, accused of genocide and possess millionaire accounts in tax havens.
The political verdict before the dilemma on stage has been clear and the arguments have been incontestable: he 20% of the Spanish public debt and the millionaire investments of the transnational companies that represent the great interests of our brand Spain have more than the defense of human rights. And being so, To the economic crisis, Now we add the ruin misery of having delivered our values and principles that should be the foundations of the social contract of our democracies.
A great dilemma can be considered as of today by the oppressed peoples such as Tibetan, The Saharawi, The Palestinian and many others who have not found justice or in their own land, nor in any United Nations protection system, nor in any international court, And now they are denied the last door that is that of universal justice, whose cases will be filed by not being the defendants in national territory; being conscious that have exhausted all the peaceful ways, adjusted to international legality, And all they have found is the effective guarantee of the impunity of their executioners, ¿What message and what departure are being given from these supposed Western democracies and international organizations?
José Elias Esteve Moltó He is a professor of Public International Law and Secretary of the Institute of Human Rights of the University of Valencia. It is the editor and researcher of the Tibet complaints presented at the National Court.
