The Prosecutor's Office had requested its nullity because there was no prison car motivated
The decision will not be transcendence since the government will limit on Tuesday the scope of universal justice
- DOWNLOADABLE Rejection of the prosecutor's request
- Affected by universal justice (Photos by Ángel López Soto)
F. J. Pérez Madrid 5 FEB 2014
The National Court has rejected the request of the prosecutor's office to cancel International detention orders dictated the past 18 November against five Chinese communist leaders, among them former president Jiang Zemin and former Prime Minister Li Peg, For genocide in the Tibet. This is one of the most controversial international justice procedures of those who have undertaken the National Court and has raised the reaction of the diplomacy of the Asian giant, who has threatened to take economic measures against Spain.
In its resolution, notified this Wednesday and advanced by EFE, The fourth section of the Criminal Chamber of the Hearing, chaired by Ángela Murillo, rejects the nullity incident presented last 20 January by the prosecutor of the National Court Pedro Martínez Torrijos. The Public Ministry sought the cancellation of a car of the fourth section itself for which Judge Ismael Moreno was obliged to dictate the arrest orders, 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 room now says that this procedure corresponds to the 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.
However, The judge has not yet fulfilled the indications of the Chamber and has not proceeded to dictate the arrest warrant, that according to the fourth section the previous adoption has been rigged, also by this judge, of provisional prison through a car. La sección considera ahora que resultaba "innecesario" Remember in his day the judge that before dictating the arrest warrant, he had to motivate it in a prison car, ya que el magistrado es "perfecto conocedor" of this end.
"Si el verdadero problema que late en toda esta controversia -esta es la realidad- It is that the judge has not found rational indications of crime enough to issue a provisional prison order for the complaints, You will have to stick to what is expressed in the response brief to the nullity incident, sin entrar en otras consideraciones", The room tells Moreno.
Also reproaches the prosecutor who has requested the nullity of the past 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.
He did it attending a resource of the complainants -two organizations and a lama of Spanish nationality- against the judge's decision to reject his arrest, al entender que sí había indicios de que participaran en este supuesto genocidio del pueblo tibetano "habida cuenta de la responsabilidad política o militar de cada uno de ellos"
By virtue of the principle of universal jurisdiction, The National Court investigates this complaint filed against seven former Chinese leaders, Among them, former president Hu Jintao (Jiang Zemin successor in office until last March), on whom no arrest warrant has been issued. The complaint was admitted to processing 2006, When the National Court declared himself competent to investigate the genocide denounced before the impossibility of being investigated by Chinese judges or by the International Criminal Court.
The decision of the fourth section of the hearing does not have practical importance, since next Tuesday the Congress will debate -and presumably approve- A law proposition to restrict the conditions under which a Spanish judge can investigate crimes committed outside the national territory. This limitation of the competence of the Spanish courts would affect this case since the complainant did not have Spanish nationality when the facts occurred.
