「チベット人の20%が虐殺された」
El 20% de los tibetanos han sido masacrados”
José Elías es el redactor de las dos querellas ante la Audiencia Nacional por genocidio en el Tíbet
Analiza en una entrevista en Attac TV la reforma de la jurisdicción universal que archivaría la causa
El PP fuerza una reforma para archivar la causa contra la cúpula china
El País Madrid 23 ENE 2014 - 20:54 CET
"20% of Tibetans were massacred"
Jose Elias is the editor of the two complaints before the National Court for genocide in Tibet
Scan in a TV interview Attac reform universal jurisdiction would file the cause
The PP force reform to close the case against Chinese leadership
The Country Madrid 23 ENE 2014 - 20:54 CET
José Elías Esteve , editor and researcher of the two complaints filed before the High Court for genocide and crimes against humanity committed against the Tibetan people ; declared admissible on 10 January 2006 and August 6, 2008 , discussed in an interview in Attac -ready TV the legal reform approved by the People's Party , whose aim is to file as soon as the case opened in the High Court by the Tibetan genocide.
Interview with José Elías , by attactv
Lawyer , professor of the University of Valencia and a PhD in International Law and International Relations , claims that this decision is proof that the State is at the service of business. "They are making laws to dictate the interests of big business ," he says . What in your opinion questions the Spanish democracy.
In 2009 PP and PSOE , then in government, agreed on a reform to restrict the principle of universal jurisdiction by any court can prosecute crimes such as torture or genocide regardless of the nationality of the victims , defendants or the territory where the crimes were committed. But left open to the High Court to investigate crimes abroad when their suspects were in Spain , Spanish victims or had existed " some link of relevant connection with Spain ' door. Hence, the cause for the crimes in Tibet could not be closed despite " repeated attempts to be closed by the Prosecutor ", adds Elias. There was that connection with Spain while one of the victims , Thubten Wangehen has Spanish nationality.
It is this gap which now wants to close the Bill of People Group , eliminating any ambiguity. The reform requires , among other things, that "the victim had Spanish nationality at the time of the commission of the offense ," a requirement that does not meet the said Thubten Wangehen .
That would be enough for the complaint to be closed , as favorable to the accused criminal laws are retroactive . The PP , however , wanted to dispel any doubts that may pose judges and has included in its text an unusual transitional provision which ordered exhaustively : "The causes that at the time of entry into force of this Act are in processing [ ... ] shall be dismissed until the fulfillment of the requirements are not credit it . " Ie first investigations are filed and examined whether they should be reopened , against all logic.
Elias ' opinion on the bill is clear: "the system of protection of Human Rights in the case of Tibet , has failed."
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