IMPLEMENTED IN 2009 Y 2014 BY PSOE AND PP
With the reforms made in the article 23 of the Organic Law of the Judiciary, The Spanish legal system turned the principle of universal jurisdiction into a dead letter.
14 from December to 2016
"¿Diplomatic relations with China or Israel are worth enough to shelve the investigations carried out into the murder of cameraman José Couso in Iraq or the genocide in Tibet?", asks Senator Joan Comorera"
With the reforms made in the article 23 of the Organic Law of the Judiciary, implemented in 2009 and 2014 by PSOE and PP respectively, The Spanish legal system turned the principle of universal jurisdiction into a dead letter. That is to say, Since then, Spanish judges have no capacity to judge crimes of genocide., crimes against humanity and war crimes beyond our borders, even when the victims are Spanish citizens. Pressure from countries like Israel or China, interested in not prosecuting cases such as the bombing of Gaza or the repression in Tibet, motivated the governments of Rodríguez Zapatero and Rajoy to agree to modify Spanish legislation. “The State must try to maintain good relations with all countries, but never losing their ethical and political dignity by granting favors that denature our democratic principles and our values. ¿diplomatic relations with China or Israel are worth enough to shelve the investigations carried out into the murder of cameraman José Couso in Iraq or the genocide in Tibet? Doesn't sound very human. Here we have changed Human Rights for Economic Rights" Joan Comorera has sentenced.
For this reason Joan Comorera, senator from En Comú Podemos, proposed in the motion due today the repeal of the legal modifications made in 2009 and 2014, to recover the original text of 1985. “This reform seems to establish first and second category victims”, the senator has influenced, by privileging some victims over others. “The great contradiction of this reform is that, while the most serious crimes of International Criminal Law (How are they against humanity?, genocide and war crimes) are displaced outside the jurisdiction of Spanish jurisdiction, Yes, second degree crimes can be included in our jurisdiction., although with restrictions that were not previously given” Comorera has assured. She further , The mandate of the International Criminal Court is, in this sense, absolutely clear: “It is the duty of all States to exercise their criminal jurisdiction against those responsible for international crimes.”. The Car 3240/2016 The Supreme Court itself points out an alarming “substantial restriction of the rights of Spanish citizens who are victims of such crimes abroad.”.
However, and despite the fact that all Parliamentary Groups have recognized the need to endorse a proposal that protects and recovers Universal Rights, the vote against the PP and the PSOE have caused the motion to decline with only 47 votes in favor.
