スペインの最高裁判所は、モロッコでの西サハラ人に対する拷問や、guantanamo基地での拷問や戦争犯罪は、スペインの裁判所では扱えないと判断
Ruz rechaza archivar la investigación por torturas en el Sáhara y Guantánamo
El juez cree que hay conflicto entre la reforma de la justicia universal y los tratados internacionales
DESCARGABLE Auto sobre el caso de torturas en Guantánamo
DESCARGABLE Primer auto de Ruz sobre el genocidio en el Sáhara
DESCARGABLE Segundo auto de Ruz sobre el genocidio del Sáhara
María Fernández Madrid 15 ABR 2014 - 14:21 CET
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Ruz refuses to close the investigation of torture and Guantanamo in the Sahara
The judge believes that there is conflict between the reform of universal justice and international treaties
DOWNLOADABLE Auto on the case of torture at Guantanamo
First car DOWNLOADABLE Ruz on genocide in the Sahara
Second car DOWNLOADABLE Ruz on genocide Sahara
María Fernández Madrid 15 ABR 2014 - 14:21 CET
The National Court judge Pablo Ruz has agreed to continue with the judicial investigation for crimes " against torture and moral integrity , in competition with one or more offenses of war crimes " allegedly committed against prisoners in Guantanamo Bay . The judge reiterated in a car known this morning Requested Studied the letters rogatory to the U.S. in January in which he wondered about the current state of research conducted there on Abdul Latif Al Banna , Omar Deghayes , Hamed Abderrahman Ahmed and Lahcen Ikassrien , all delivered to the Spanish authorities " in view of the pending criminal responsibilities in the justice of our country" and after passing through Guantánamo. Ruz investigates the request of the prosecutor to investigate whether they suffered " physical suffering , mental during the time of his custody under the authority of the United States since his arrest occurred in various countries (Afghanistan , Pakistan and Gambia ) to its subsequent transfer to Guantanamo naval Base ( Cuba ) [ ... ] in the context of U.S. military intervention . UU . Afghanistan from October 2001 . "
In its order the court analyzed the situation created by the new law on universal jurisdiction to conclude that "according to the new rule " the crime of torture and war crimes could not pursue because the requirement is satisfied that the procedure aimed at a Spanish or foreign resident in Spain (although one of the complainants itself is Spanish ) . However , the order explains that , in the light of international treaties signed by Spain , " we would be at an obvious collision " between domestic law and the obligations of Spain "under the previously ratified international treaties and integrate our legal system . " Invoking international treaties Judge recalls the Geneva Conventions and the Convention Against Torture imposed on the Contracting States the obligation to prosecute crimes.
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To Ruz is a conflict between standards, the car looks from the perspective of the principle of subsidiarity. The reform of the universal justice states that you can not pursue it is established that crimes are being investigated in an international court or the State where the acts were committed . Ruz discusses the new version of that principle of subsidiarity , the orders of the Criminal Chamber of the Supreme and doctrine to conclude that it must insist on the letter rogatory request Studied in January to EE . UU . When you incorporate these data raise its reasoning on the case to the Supreme to this rule on the possible existence of the principle of subsidiarity.
In two other known cars Tuesday , Pablo Ruz has also refused to close the investigation of genocide against several Moroccan military crimes in the Sahara.
Ruz agrees to continue with the procedure since as inform the public prosecutor , the acts were committed in the colonial era , " in territory for all purposes , should be consideration of Spanish at the time of commission , as derived from national and international law and jurisprudence. "
According Ruz crimes were committed against Spanish citizens at the time that Western Sahara was a Spanish province, " particularly between the months of November 1975 and 28 February 1976 , having also assumed the responsibility of the events that occurred after cessation of territory by the Spanish authorities to the extent that they are related to the above. "
Moreover, competent Ruz also states to hold open the investigation initiated following a complaint of genocide by the Saharawi Association for the Defence of Human Rights against several leaders of the Polisario Front. The judge also understood that the facts were committed " in territory for all purposes should be regarded as Spanish ."
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