This case was the cornerstone of the process that led to the reform of the universal justice law.
Maria Fernandez Madrid 23 JUN 2014
Jiang Zemin during a speech by Hu Jintao in November 2012. / Reuters
Following the marked script for a legislative change, the plenary session of the Criminal Chamber of the National Court, chaired by Fernando Grande-Marlaska, decided this Monday that Judge Ismael Moreno will not continue with the case investigating allegations of Chinese genocide in Tibet. This case threatened diplomatic relations between Spain and China and prompted the PP to promote, last February, the reform of the Universal Justice law. The changes, done in haste, restricted the ability of judges to investigate crimes outside Spanish borders and caused, rebound, the release of more than fifty alleged drug traffickers.
Finally, The plenary session has ruled by a narrow margin of nine votes against seven to dictate the dismissal of the case that was being pursued against two former presidents and six other former senior officials of the Chinese government. The magistrates understand that Spain does not have jurisdiction because the eight accused are not Spanish, nor do they habitually reside in Spain, nor are they foreigners whose extradition has been denied by the Spanish authorities. These three would be the requirements for which, according to the new law, the jurisdiction of the National Court could be maintained in this matter.
The express reform of the PP that is now applied by the National Court intended to avoid a conflict with China, that after the arrest warrant issued against former President Jiang Zemin and former Prime Minister Li Peng did not hide his protest. That order led to the past 12 February a cascade of reactions. The spokespersonthe Chinese Foreign Ministry, Hua Chunying, He then called it a “wrong decision.”” and he slipped that he hoped that Spain could manage the matter “appropriately”. “China is very upset and firmly opposes the erroneous actions taken by the Spanish authorities.”, ignoring China's position". The notice from the Asian giant was enough for the PP to promote legislative modifications in universal jurisdiction that have dragged other proceedings underway in the National Court.
The case began in June 2006 with a complaint from the director of the House of Tibet Foundation of Barcelona, Thubten Wangchen. His first statement before the National Court was for him “a historic day.”” why, for the first time, A Tibetan could tell a judge the horror suffered by thousands of people. Spanish nationalized in 1996, Wangchen told the judge how in 1987, after returning to Tibet as a tour guide for Spanish businessmen, He was arrested and threatened with death for carrying a photograph of the Dalai Lama. "In 1959, when the chinese invaded my country, I was four years old. They killed my mother and I had to cross the Himalayas to settle in Nepal” He told this newspaper last February, remembering the beginning of his fight in the Spanish courts.. He explained that beyond the image of the spirituality of the lamas, the Chinese Administration of the occupied territory in 1950 has led to a true ethnic persecution that has crushed fundamental rights: “There is no freedom of expression, nor education, nor religion”, Wangchen assured.
Your case will now be archived like others with similar characteristics. Because the Court agreed to dismiss the complaint opened against the Falun Gong group. In this cause, 15 Chinese citizens sued the authorities of their country for genocide for the atrocities committed against the spiritual movement of that name.. The husband of one of the complainants died in work and reeducation camps for followers of this movement. Since these are not Spanish citizens, the process will suffer the same fate as that of Tibet..
The plenary session has also agreed to confirm Spain's lack of jurisdiction to investigate eight Egyptian sailors who were detained on 6 March on a ship without a flag that was sailing in international waters and that was transporting 9,8 tons of hashish. These alleged drug traffickers were released when the legislative modification came into force..
The room, however, agreed to continue with the case of the murder of Spanish citizen Baby Hamday Buyema, who was killed in the assault in October 2010 to the “dignity camp”” established in the Sahara, near Laayoune. The brother of the deceased filed a complaint for genocide and crimes against humanity against several Moroccan ministers and senior police officials of that country and now the court declares itself competent, understanding that Spain continues to be a power “administering by law.”” on the territory of the Sahara, in accordance with United Nations standards.
The reform of international jurisdiction has caused a wave of indignation among Spanish judges.
