Wednesday, 19/03/14
The Prosecutor's Office The National Court has warned today that the limitation of universal justice promoted by the PP can mean a violation of fundamental rights and has resorted to the decision of the judge Santiago Pedraz to keep the cause for the murder of José Couso Without going to the Constitutional.
The letter presented today by the Public Ministry points out that the reform of the Organic Law of the Judiciary promoted by the PP, that entered into force last Saturday and with which universal justice is repealed in Spain, "It can mean a violation of the rights to effective judicial protection and access to jurisdiction enshrined in the Spanish Constitution".
The Prosecutor's Office therefore understands that Pedraz could not decide for himself to keep the cause for the murder of the television camera José Couso open, that took place in Baghdad (Iraq) he 8 April 2003. The judge decided on Monday to maintain the investigation to understand that the limitation of the universal jurisdiction promoted by the PP contravenes the Geneva Convention.
The appeal of the Public Ministry indicates in this regard that Pedraz should take the case to the Constitutional through a matter of unconstitutionality.
The writing, signed by the Lieutenant Prosecutor of the National Court, Jesús Alonso, In fact accuses Pedraz to overreach and skip the criminal procedural law by deciding to keep the cause for the murder of coy. The appeal reminds him that it is the criminal hall, And not the investigating judge, the one that must decree the file or the continuation of the actions.
"The resolution adopted does not conform to law due to lack of functional competence of the instructor to dictate it", Point out the resource, with which the Criminal Chamber of the National Court is requested to annul Pedraz's decision.
Combative Judges
Pedraz decided last Monday to maintain the open cause at the conclusion that the reform of universal justice violates what is established in the fourth Geneva Convention, that forces the signatory countries, Among them Spain, to pursue the crimes committed against the civilian population in case of armed conflict.
Pedraz's resolution explained that, of archiving the cause for the murder of cobo, “We would be admitting the possibility that an internal standard modifies or repeals a disposition of an international treaty or agreement in force for Spain, lo cual está proscrito".
The National Court Judge has prosecuted and in search and international capture to the military Americans Philip De Camp, Philip Wolford and Thomas Gibson as authors of the television camera murder, and attributes a crime against the international community in competition with a crime of homicide.
The Prosecutor's Office coincides in its appeal with the thesis of Judge Fernando Andreu, who has given ten days to the parties personally in the two international causes that are followed in their court so that they are pronounced on the relevance or not of taking the repeal of the universal jurisdiction promoted by the PP.
The magistrate has raised this issue in the two causes of universal justice that follow in his court: About Rwanda genocide, in which four million people died, And about the Iranian slaughter in Iraq, specifically in the attack that took place 8 April 2011 In the Ashraf field, Where they died 35 personas.
Causes against China
The judge of the National Court Ismael Moreno asked the Prosecutor's Office on Tuesday, In light of the repeal of universal justice promoted by the PP, file or not the open cause against former Chinese presidents Jiang Zemin and Hu Jintao as alleged responsible for the genocide perpetrated by the communist government in Tibet During the years 80 and 90.
Judge Moreno carried out the same procedure for the half dozen cases that he had open by virtue of universal justice. Among these causes are the investigation opened by the scales in Spain of the flights in which the CIA He transported to the Guantanamo base (Cuba) to alleged jihadists arrested through the world or the open case against the former members of the so -called ‘Calavera Battalion’ De Las Ss John Demjanjuk, Johan Leprich, Titthon Titthong Kipf, who worked as guardians of concentration camps of the regime of Adolf Hitler Like Mauthausen the Flossenbürg.
Moreno also carries the causes for the persecution in China of the Falung Gong religious group or for the death of the Saharawi with Spanish passport Baby Hamday Buyma during the assault on the Gdeym Izik camp of El Aaiún.
Guantanamo torture
Moreno carried out the same procedures that Judge Pablo Ruz ordered Monday. This magistrate asked the parties about relevance or not to file the five causes that have open under the universal jurisdiction: For torture to detained at the United States base in Guantanamo (Cuba), for the repression exercised in the Western Sahara by the Moroccan authorities after taking control of the region at the end of 1975, for the disappearances of dissidents in Algeria allegedly from members of the Polisario Front, For the murder in 1976 in Chile of the Spanish diplomat Carmelo Soria by the secret police of Augusto Pinochet and for the assault of the army of Israel to the so -called ‘Freedom Flotilla’ that headed to Gaza in October 2012.
Judge Santiago Pedraz, For its part, He has refused to file the cause open for the murder of the José Couso Television, that took place in Baghdad (Iraq) he 8 April 2003, By understanding that the limitation of the universal jurisdiction promoted by the PP contravenes the Geneva Convention.
The other judge who at the moment has doubts about the application of the limitation of universal justice is Eloy Velasco in the framework of the open cause against 13 Military from El Salvador who accuses of having participated in the murder of six Jesuits -five of them Spanish- In November of 1989. Among the victims was the religious Ignacio Ellacuría.
(Servimedia)
