Last November, international arrest warrants were issued against five former Chinese communist leaders for the repression in Tibet.
Last November, international arrest warrants were issued against five former Chinese communist leaders for the repression in Tibet.International | 05/02/2014 – 22:41h
Madrid, (Efe).- The National Court has rejected the Prosecutor's request to annul the international orders detention orders issued last November against five former Chinese communist leaders, including the former president Jiang Zemin, For repression at Tibet.
In its resolution, notified today and to which Efe has had access, 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 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 court now says that this procedure corresponds to the investigating 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 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.
It was admitted for processing in 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.
Precisely, Congress will debate next Tuesday a bill to restrict the conditions under which a Spanish judge can investigate crimes committed outside the national territory, that would affect this case since the complainant did not have Spanish nationality when the events occurred.
