He 27 January was chosen by the United Nations as International Day of Commemoration in Memory of the victims of the Holocaust. The date is the anniversary of the liberation of the Nazi extermination fields during World War II. The UN tries that all Member-and China and Spain states are- work to help prevent genocide acts around the world .
After the horrors of that war, The United Nations was born in order to meet human rights worldwide without making a difference from ethnicity, sex or religious belief and encourage education based on respect.
Such desire for a universal peace moves away from us more and for that reason Diasporaweb publishes this story, which is not fiction and its actors have starred in it right here and in Beijing, Although global victims over time can barely tell them. We are non -silent witnesses.
in 2006, The Tibet Support Committee and the Casa del Tibet and Thubten Wangchen Sherpa Foundation, A monk that also has Spanish nationality, They filed a complaint directed against seven Chinese leaders, which was accepted by the National Court and as a result of which they were charged, supporting the principle of universal justice. Among them was former president Hu Jintao (Jiang Zemin successor in office until March 2005), on whom the National Court did not issue a arrest warrant. A los querellados se les acusaba de un delito de lesa Humanidad por dirigir un ataque "generalizado y sistemático contra la población tibetana" between the end of the decade of the 80 and principles of 90 of the last century. Tibetan organizations expanded the complaint to former Chinese president Hu Jintao.
The complaint was admitted to process in January 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.
Spanish justice followed the principle of universal jurisdiction, according to which, suspects of war crimes or crimes of genocide or others can be prosecuted outside their country of origin, put into practice in the prosecution car of Chilean ex -dictator Augusto Pinochet and later in cases against Rwandan officers, Former exguards of Nazi concentration fields, Israeli aviators involved in bombing on the Gaza Strip or ex -women of the death battalions of El Salvador for the murder of Father Ignacio Elkuria and six other people.
This premise was limited in 2009 For the Spanish government to those crimes in which the victims were Spanish. In the current case one of the complainants is the Lama Thubten Wangchen, He had Spanish nationality.
The Tibet theme was semi -managed when at the end of 2013 The Spanish National Court ordered Judge Ismael Moreno to issue arrest warrants against the former high Chinese positions charged in Spain of course genocide in Tibet.
International detention orders included Jiang Zemin, President of China between 1993 and 2003, former prime minister Li Peng and four other senior Chinese positions in the decade of the 80 and 90, which could be arrested in case of travel abroad after the judge of the National Court investigated the fierce repression of the regime of the Popular Republic about the inhabitants of Tibet and the Chinese leaders cited were accused of violating human rights in Tibet since their soldiers took “peacefully” Control of the territory in 1950.
The orders of the Spanish National Court -to follow the usual channels were going to be sent to the Interpol- They also affected Li Peg, Chinese prime minister in the deched 80, y a Qiao Shi, Former Chinese Security and the architect of the genocide, Chinese Police Chief.
The other two defendants are Chen Kuiyuan, Secretary of the Communist Party of China in Tibet between 1992 and 2001, Peng Peyuyu, Minister of Family Planning of the Asian country in the decade of the 80.
Immediately yet 2013, el Ministerio chino de Asuntos Exteriores convocó de urgencia al embajador de España en Pekín y dijo que su gobierno consideraba "absurdo" The case and said he hoped to obtain a clarification from Spain
Pekín mostró su "profundo malestar" For international arrest orders issued by Spanish justice against five communist leaders, among them a former president Zemin and a former prime minister, For repression at Tibet. And he formulated a formal protest in his encounter with the Spanish ambassador to Beijing.
"China expresa asimismo su firme oposición a las instituciones españolas que, ignoring the Chinese position and being inconsistent with previous statements, manipulan este asunto", The spokesman for the Chinese Foreign Ministry Hong Lei pointed out at a press conference.
"Esperamos que las partes relevantes en España tomen con seriedad la preocupación china y no hagan nada que dañe a este país o las relaciones entre China y España". "Desde el Ministerio de Exteriores se sigue con mucha atención y con suma preocupación que estas acciones judiciales pudieran afectar las relaciones con China, They are so good" said a diplomatic source in Madrid. All that was a warning for the Spanish government.
Hong pidió a España que clarificara la decisión y culpó a "separatistas tibetanos" de "crear rumores falsos y calumnias, para dañar las relaciones bilaterales de China con otros países". "Esas maniobras están condenadas al fracaso", “la posición china en el conflicto tibetano es "clara y consistente" y España "también sabe bien eso".
Beijin's version is that Tibet, for centuries, is part of its territory and that in 1951 fue "liberado de la teocracia" del Dalai Lama, “pacíficamente". The Chinese government declared what this remote region of the Himalayas was behind, Sunk in poverty, Exploitation and economic paralysis, When in 1950 She was released by soldiers from the Chinese popular army. The version of Tibetan groups in exile ( Soon half of the population) is that the region was virtually independent when it was occupied by communist troops that year. These groups accuse China of repressing religious and civil and family freedoms for decades, discriminar a la población autóctona y su idioma y promover la "colonización" of the Tibet by one of the Chinese majority ethnicities, The "Han", At the pekin service.
Chinese ferocity increased with organized protests in the Tibetan capital, Lhasa, In March from 2008 a 2011 y el mundo se apercibió cuando los monjes budistas se inmolaban en protesta por la colonización china del "Techo del Mundo". But things for Spain became worse, When the Spanish justice issued iternational arrest orders against five untouchables of the Chinese dome.
The reaction of the Chinese dome fente a Rajoy was simply or with pekin or against pekin. But the PP found a very juicy exit to Impasse
It was about archiving as soon as possible the cause against the dome of the Chinese Communist Party at the National Court for the genocide of Tibet and avoiding a diplomatic conflict with Beijing. It was not so easy because Amnesty International was in the case. Rajoy used that throwing weapon that is the Constitution.
The PP invented the reform of the Organic Law of the Judiciary, that the popular group would carry out through a proposal of law presented in the Congress Registry.
If it does not become for Amnesty International, The PP would have been unscathed from this folder and many others in the world
But Rajoy wanted to avoid at all costs that the investigations of the judges would cloud economic relations with the world's first commercial power. Thus, has launched that "discreet” Express legal reform whose objective is to archive as soon as possible at the National Court for Chinese Genocide in Tibet, in which five members of the communist nomenclature are involved and endangered.
To give the maximum speed to this reform, that drastically cuts the scope of the so -called universal jurisdiction, resorted to an extra procedure: A proposition of the PP law in Congress. At first, The Government thought to include this modification in the reform of the Organic Law of the Judiciary prepared by the Ministry of Justice, But this would force reports from the General Council of the Judiciary (CGPJ), The State Council or the Fiscal Council, So the process would lengthen months and be dangerous given the attitude of Chinese leaders. Using the PP, The Government prevents the reform from passing through the Council of Ministers, The phase of the reports is skipped and, Emergency processing, It can be in force in two months.
The proposition that the PP has submitted in the Congress Registry in January 2014 He points out that Spanish judges can only investigate crimes of genocide and lesa humanity, as in the case of Tibet, when "the procedure is directed against a Spanish or a foreign citizen who usually resides in Spain or was in Spain and whose extradition would have been denied by the Spanish authorities". As those accused in the case instructed by Judge Ismael Moreno are Chinese citizens and none is in Spain, that is known, It would not be possible to investigate. She further , The reform makes it clear that the crimes of the so -called universal jurisdiction will only be "prosecutable in Spain prior interposition of complaint by the aggrieved or by the prosecutor". Popular action is excluded, provided for in the article 125 of the Constitution.
But he spotted a semi -open door to the National Court to investigate crimes abroad only when his alleged perpetrators were in Spain, there would be Spanish victims or there was "some relevant connection link with Spain". It is that door that you want to close, eliminating any ambiguity and xenophobia.
The reform demands that "the victim had Spanish nationality at the time of commission of the events", requirement that the aforementioned Thubten Wangehen does not meet. The PP has wanted to clear any questions that the judges may raise and has included in its text an unusual transitory disposition in which it is ordered taxatively: “The causes that at the time of entry into force of this law are in process (…) will be dismissed until compliance with the requirements established in it is accredited ”.
Very cunningly, First investigations are archived and then examined if they should be reopened, against all logic. Just like now, The reform imposes the obligation to file a case when the crime is being investigated in the country in which it occurred but leaves, As a novelty, To the Supreme Criminal Chamber the ability to decide if a State has a will, or capacity, To judge it. One of the most surprising aspects of the reform is the unequal treatment given to the different crimes. It will be enough, For example, with which there is a Spanish victim to investigate a crime of terrorism or piracy committed abroad, But the victim's nationality will be irrelevant to a crime of genocide. On the contrary, In cases of torture and forced disappearance, it will be required to investigate that the victim was Spanish at the time of the events and, besides, That the accused is in Spain. A discrimination that can put in solfa the right to judicial protection. All chemically thought.
The crimes of Spanish governments are now unpunished: Starting with the photographer José Couso and following those of Ellakuria, Flights to Guantanamo and Terrorism
However, This initiative, which cuts by urgency and almost hidden the principle of universal justice, will have a serious parallel effect: Folder to a dozen investigations open in the last decade by Spanish judges about cases of crimes as diverse as the death of Telecinco reporter José Couso, The clandestine flights of the CIA towards Guantanamo with allegedly hidden Islamist prisoners and denied by Spanish civil authorities and military and the silence of the torture to which they were subjected by belonging to terrorist band in the same prison.
That is afraid of lawyers who intervened in these procedures and organizations defending human rights, As Amnesty International.
Spain escapes through the back door of their human duties towards the international community with an impunity law and are instructed in the National Court several of which we mention the following:
The PP Government was between China and the wall and popular brains wanted to get caught with Beijing. It was necessary a skill but at the same time crude maneuver. ¿Dirty international game?.And the rudder of the PP turned 180 degrees towards
The Cave of the Treasury that China has arranged for friends who know how to shut up. ¿Human rights?..¿What's that?
The crisis situation to which the PP has dragged us contrasts with the wealth generated by China. The Asian giant has full coffers. Concretely, In April 2013, Chinese currency reserves exceeded 2, 6 Billions of euros. A huge sum that, In times of economic weakness and lack of liquidity, gives a lot of. Real estate properties, companies, and shares are at bargain price throughout Europe, and the difficulties in financing the acquisitions give great advantage to those who possess the cash to carry them out. But the dome does not want their hands dyed red and the order of the National Court to extradite the ferocity of their bloody adventure in the Tibet, It is clear.
The Beijing Government has among the objectives of its twelfth five -year plan that direct foreign investment (IED) of the Asian giant reach the 150.000 million dollars in 2015, Which is a growth of 17% annual until then. "We have gone from receiving capital to export it. And the trend will continue, Because we have to make more purchases outside.
Investing in foreign companies is a priority, And China will create a good environment for it ", avanza Kong Fuan, Executive Director of the International Economic Cooperation Department of the Shanghai Government
.When li keqiang, VicePrimer Chinese Minister and firm aspiring to become years to come in chief of the Chinese government arrived in Spain, He was received as a new Mrshall Mister in Madrid, first scale of a European tour. The king -who celebrated his 73 birthday-; President Rodríguez Zapatero and his ministers in addition to the flower and cream of Spanish business who entertained the president and his delegation, of which they are part of directors of 40 Chinese companies.
Li Keqiang's words corresponded to his projects:"He venido a dar un mensaje de la confianza. China confía en que el pueblo español va a superar con éxito la crisis", said Chinese minister at a breakfast with the presence of 120 business, including Repsol and Telefónica presidents, Antonio Brufau and Caesar Ward). It was not mere rhetoric. During your visit to La Moncloa, Li calificó las medidas e ecortes de "duras pero necesarias y adecuadas" And he went to the grain with the crux of the visit: Acquire more Spanish public debt.
Li Keqiang, en un repaso a la relación "amistosa" Between Spain and China, supports the reforms promoted by the Spanish government to revive the economy, por lo que manifiesta su "firme convicción" that these will add Spain to global recovery.
El mandatario prometió apoyar a España "en las alegrías y las penas". It is estimated that the central bank of China already had near the 20% of the one in the hands of foreign investors- "a corto, medio y largo plazo". Then the promise of the Chinese MR Marshall had its treasure counterpart:
The treasure placed 6.000 millions in bonds to 10 years at the highest guy in a decade and the biggest bank in China opened its office in Madrid
And there was a skillful rudder turn, The Spanish government eluded the liberation of the last Nobel Peace. It is true that Spain had been one of the last countries to request the release of the dissident Li Xiaobo, And he shielded himself in the EU to send his ambassador to the concession ceremony of the Nobel Peace, Without disturbing Beijing. Projects that could hurt Chinese sensitivity, !out¡¡.
Li reiteró ayer que España es "el mejor amigo de China en la Unión Europea"; a title that the Spanish government has become creditor defending, So far without success, The lifting of the embargo from weapons to Beijing; or leaving thorny issues such as respect for human rights. "Este tema no es objeto de diálogo bilateral, sino (That is) en el marco de la UE", Diplomatic sources insisted, Faced with Amnesty International criticism.
Mr Marshall Chino continued in honor of the blessed. Discretion was requested from journalists and political parties, as is someone who promises to buy as many Spanish bonds as Greeks and Portuguese together; that is to say, some 6.000 Millions of euros that the Deputy Minister of Commerce, Gao Hucheng, He avoided specifying.
"La transación se decidirá en función de la fecha, the total volume of the emission and its presentation in the primary market [Treasury emissions] and secondary (negotiated in the market)". Moncloa sources stressed the importance of China publicly betting on Spanish public debt, especially because this country (First banker in the world, With more than two billion dollars in foreign exchange reserves) es, As his vice -minister said yesterday, "un inversor responsable y a largo plazo" que estará con España "en las alegrías y las penas". Whenever Spain knows how to close their mouths as thorny matters, ( that is human rights and the like) According to the cunning project by Mariano Rajoy
