15/10/2013 | elperiodic.com
Professor José Elías Esteve, secretary of the Institute of Human Rights of the University of Valencia, has collaborated, in his capacity as investigative lawyer of the Tibet Support Committee (CAT), that the National Court charges former Chinese president Hu Jintao with genocide in Tibet. The IDH plans to hold a seminar on the situation of Human Rights in Tibet next November.
PHOTO: Professor José Elías Esteve (center) accompanied by the Tibetan monk Palden Gyatso, that remained 33 years in prison after being arrested in 1959 for leading a group of religious people who held protest demonstrations against the Chinese Government; and Tanak and Jigman Sagpo, arrested in 1960, while teaching at school Primary from Lhasa, accused of "corruption of las children's minds con reactionary ideas". in 1964 received a second sentence and was three years in prison Sangyip to do comments regarding Chinese repression of the Tibetans. Thin Jigme it was again sentenced to 10 years in prison for "propaganda counterrevolutionary" in 1970.
José Elías Esteve, IDH researcher and current secretary of the institute, teaches in the area of Public International Law and International Relations, work that is compatible with the practice of law in defense of human rights at the international level and, in a special way, in defense of the victims of the genocide in Tibet, topic on which his doctoral thesis was based.
Section 4ª of the Criminal Chamber of the National Court in its order of 9 October 2013 has agreed with the appeal raised by Professor Esteve on behalf of the CAT and has decided to charge former Chinese president Hu Jintao with genocide. It is pronounced after the judge denied, with the support of the prosecutor, the 11 June 2013 the request to expand the CAT complaint to charge the former president. Now the Chamber after the hearing of the last appeal 29 of July in his order admits the CAT's arguments and adds Hu Jintao to the list of defendants for genocide, emphasizing all the crimes encapsulated in the original complaint and the arguments deployed by the CAT and the co-plaintiffs Thubten Wangchen and the Casa del Tíbet Foundation, for processing. The judges of the Appeal Chamber face the prosecutor's insistence on closing the case saying that there is no national connection, They clearly reject this claim, saying that the national connection is clear due to the existence of a Tibetan victim and complainant of Spanish nationality. (Thubten Wangchen, director of the Casa del Tíbet Foundation of Barcelona) and warns against this precedent to avoid future attempts to use this argument. The prosecutor also requested that the case be archived, citing the jurisdiction of the Chinese courts, but the judges of the National Court settled the issue by stating that there is no evidence “that the Chinese authorities have initiated any type of investigation into the facts that are the subject of the complaint.”. The CAT recalls in this regard that in both complaints the defendants, through the Chinese Embassy, respondieron a los jueces que no iban a colaborar en las falsas querellas en tono amenazante apuntando a las "consecuencias" if the Spanish Government did not withdraw them. Consequences that were not long in coming with a regulatory change that limited the application of Universal Justice in Spain, which the CAT describes as “shameful”.
The CAT considers that it has been proven by both the initial complaint, as well as the evidence and testimonies carried out and the expert reports provided by the International Campaign for Tibet (ICT) y Human Rights Law Foundation, that Hu Jintao is alleged responsible for international crimes committed in Tibet, not only during his time as General Secretary of the CPC Committee of the Tibet Autonomous Region since 1988 a 1992, but also as President of China since 2003 “for being the highest-ranking person in both the party and the Government”. This decision is based, according to the judges of the Chamber, on “the international record of the repression carried out by the Chinese leaders against the Tibetan nation and its population.” (…) The Chinese authorities decided to carry out a series of joint actions to eliminate the very idiosyncrasy and existence of the Tibetan country by imposing martial law., carrying out forced displacements, Massive sterilizations campaigns, torture of dissidents and mandatory transfers of Chinese contingents to dominate and gradually eliminate the indigenous population of the Tibetan country”. This supposes, according to the CAT, a new recognition and description of the events classified as genocidal. Furthermore, it is recognized that it is against the Tibetan country and against the Tibetan nation and they recognize that this accusation by Hu Jintao comes at the precise legal moment “once his diplomatic immunity has ended.”.
Created in the year 2005, and currently directed by Professor Consuelo Ramón, The Institute of Human Rights of the University of Valencia (IDH) He has received from the Ministry of Education the mention of excellence for his doctoral human rights program, International Democracy and Justice. The HDI obtained in 2008 An aid within the Consolider-Ingenio program 2010. The Institute is part of a project in which twelve research groups from different Spanish universities participate, Coordinated by the Bartolomé Human Rights Institute of the Casas of the Carlos III University of Madrid. The selected project is called ‘Right time’ And his principal researcher has been Professor Gregorio Peces-Barba. CONSOLIDE-INGENIO 2010 It is the main way of financing of the National Scientific Research Plan, TECHNOLOGICAL DEVELOPMENT AND INNOVATION 2008-2011 For high quality projects. It was the first time that a team formed by researchers belonging to the legal field obtained this type aid, mostly aimed at scientific contexts away from the humanities and social sciences.
