For Immediate Release, 27 June 2014
Contacts:
Alison Reynolds, International Tibet Network Secretariat, + 44 7711 843884.
To contact Alan Cantos, Comité de Apoyo al Tíbet, please email alan.cantos@ainco.es
The International Tibet Network [1] is deeply disappointed that Spain has dropped a judicial investigation into alleged genocide and human rights violations against a number of Chinese leaders in Tibet. [2]
On 23 June 2014, Spain’s Audiencia National appeals court decided, by a very narrow vote [3], to shelve the historic Tibet case, under which two of China’s former Presidents had been indicted to answer charges of genocide in Tibet. This decision followed a change in Spanish law approved in March 2014, limiting the application of its universal jurisdiction law to cases against a Spaniard or foreign citizen who is on Spanish soil. [4] Comité de Apoyo al Tíbet, the group that filed the original lawsuit, plan to appeal the decision, whilst Spain’s Socialist Party (PSOE), on 12 June have also lodged a Congressional appeal, signed by 50 MPs, against the “unconstitutionality” of the legal ‘reforms’ with the Constitutional Court.
With these appeals in view, the International Tibet Network disdains China’s premature thanks to the Spanish government for its “efforts” in improving bilateral relations. News outlets quoted Foreign Ministry spokeswoman Hua Chunying as telling reporters, “We receive with gratitude the efforts of the government and its respective departments”. [5]
Alison Reynolds of the International Tibet Network said, “This is a hugely disappointing decision, but Spain’s shameless kowtowing to China cannot change the facts that arrest warrants were ordered for former leaders including Jiang Zemin, Hu Jintao has been indicted and an impartial court has found that acts of genocide were committed in Tibet.” [6]
Tenzin Jigdal, International Coordinator added, “We stand with our colleagues in Spain as they prepare to appeal against this decision, in support of the internationally recognized human rights standards that these Tibet lawsuits are investigating. But whatever the outcome, history has already been made and we salute everyone who has been involved in bringing these cases.”
Meanwhile the situation in Tibet remains critical, with the grim total of Tibetans in Tibet having set fire to their bodies in acts of protest against China’s harsh rule now exceeding 130. Most recently, on 15 April 2014, Thinley Namgyal, set himself ablaze and died in Kardze, eastern Tibet. [7]
Notes
1. International Tibet Network is a global coalition of 190 Tibet-related campaign groups, see www.tibetnetwork.org
2. See http://www.bbc.co.uk/news/world-asia-china-28000937
3. By 9 votes to 7, according to an El Pais report, see http://politica.elpais.com/politica/2014/06/23/actualidad/1403537543_926352.html
4. Investigations into crimes of genocide and crimes against humanity in Spain are – subject to appeals – limited to cases where “the proceedings are directed against a Spaniard or foreign citizen who habitually resides in Spain or is on Spanish soil and whose extradition would be denied by the Spanish authorities”. The victim must have Spanish nationality at the time the crime was committed, which Tibet lawsuit co-plaintiff Thubten Wangchen did not.
5. http://www.bbc.co.uk/news/world-asia-china-28000937
6. In February 2014 Spanish High Court Judge Ismael Moreno ordered arrest warrants for;
– Jiang Zemin, former President and Party Secretary;
– Li Peng, Prime Minister during the repression in Tibet in late 1980s and early 1990s (and the crackdown in Tiananmen);
– Qiao Shi, former head of Chinese security and responsible for the People¹s Armed Police during the martial law period in Tibet in the late 1980s;
– Chen Kuiyuan, Party secretary in the Tibet Autonomous Region from 1992 to 2001 (who was known for his hardline position against Tibetan religion and culture),
– Deng Delyun (also known as Peng Pelyun), minister of family planning in the 1990s.
See http://www.reuters.com/article/2014/02/10/china-spain-idUSE8N0G000020140210. On 9 October 2013, Spain’s National Court indicted China’s former President and Party Secretary Hu Jintao for genocide and other grave crimes in Tibet, relating both to the period Hu was Party Secretary of the Tibet Autonomous Region (1988 – 1992), when he presided over martial law in 1989, and his responsibility for Tibet policy as Party Secretary and President of China (2002/03 – 2012/13). Hu lost immunity when he retired as China’s President in March 2013. On 18 November 2013, the Spanish National Court ordered that Hu be informed of his indictment and sent questions via the Chinese embassy. See http://www.savetibet.org/chinas-former-leader-hu-jintao-indicted-for-policies-in-tibet-by-spanish-court/
7. See http://standupfortibet.org/learn-more/protesters/
Signed by Member Groups of the International Tibet Network:
Western Europe Aide aux Refugies Tibetains Association Dorje Association Drôme Ardèche-Tibet Association Rencontres Tibetaines – C.S.P.T. Midi-Pyrenees Associazione Italia -Tibet Austrian Committee for Tibet Autodétermination-Tibet 09/31 Briancon05 Urgence Tibet Caisse d’Aide aux Prisonniers Tibetains Casa del Tibet – Spain Comite de Apoyo al Tibet (CAT) Comite de Soutien au Peuple Tibetain (Les Lilas) Corse – Tibet Eco-Tibet France EcoTibet Ireland France Tibet Free Tibet Groupe Non-Violent Louis Lecoin, France Grupo de Apoio ao Tibete, Portugal International Society of Human Rights, Munich Chapter (IGFM) Jamtse Thundel Association La Porte du Tibet, Geneva Les Amis du Tibet – Belgium Les Amis du Tibet Luxembourg Lions Des Neiges Mont Blanc, France Lungta Association Belgium Maison des Himalayas Maison du Tibet – Tibet Info Nice Tibet Nos Amis de l’Himalaya Objectif Tibet Passeport Tibetain Phagma Drolma-Arya Tara Reseau International des Femmes pour le Tibet Save Tibet, Austria Society for Threatened Peoples International Solidarite Tibet Students for a Free Tibet – France Students for a Free Tibet – UK Swiss Tibetan Friendship Association (GSTF) Tibet 59 / 62 Tibet Democratie Tibet Initiative Deutschland Tibets Kinder im Exile V. Tibet Liberte Solidarite Tibet Libertes, France Tibet Society, U.K. Tibet Support Group – Ireland Tibet Support Group – Netherlands Tibet Unterstutzung Liechtenstein Tibetan Association of Germany Tibetan Community Austria Tibetan Community in Britain Tibetan Community in Ireland Tibetan Youth Association in Europe Tibetan Youth UK TSG Free Tibet And You Tso Pema Non-Profit Tsowa-Maintenir la Vie, France Vrienden Van Tibet Tibetan Community of Italy Tibetaanse-Vlaamse Vriendenkring vzw Northern Europe Association of Free Tibet Friends of Tibet in Finland Swedish Tibet Committee SFT Denmark The Norwegian Tibet Committee Tibet Support Committee Denmark Tibetan Community in Denmark Tibetan Community Sweden Central & Eastern Europe Fair Society o.s. Friends of Tibet Slovakia Friends of Tibet Society St. Petersburg, Russia International Youth Human Rights Group – Human Rights in Tibet Lithuanian Tibet Culture Foundation Polish Movement for a Free Tibet Save Tibet Foundation Society for Croatia-Tibet Friendship Students for a Free Tibet, Poland The Foundation for Civil Society, Russia Tibet cesky (Tibet in Czech) Tibet Support Association – Hungary Tibet Support Group – Krasnodar Region, Russia Tibet Support Group – Romania Tibet Support Group – Sochi Region, Russia Tibetan Community in Poland Tibetan Programme of The Other Space Foundation TSG – Slovenia Union Latvija Tibetai (Latvia for Tibet ) Zida Cels, Latvia Tibetan Association of Slovakia North America Association Cognizance Tibet, North Carolina Bay Area Friends of Tibet Boston Tibet Network Canada Tibet Committee Colorado Friends of Tibet Committee of 100 for Tibet CTC – Calgary Dhokam Chushi Gangdruk International Tibet Independence Movement Los Angeles Friends of Tibet Northwest Tibetan Cultural Association San Diego Friends of Tibet Santa Barbara Friends of Tibet Sierra Friends of Tibet Snow Lion Foundation Students for a Free Tibet Students for a Free Tibet – Canada The Tibetan Alliance of Chicago The World Tibet Day Foundation Tibet Committee of Fairbanks Tibet Justice Center Tibetan Association of Ithaca Tibetan Association of Northern California Tibetan Association of Philadelphia Tibetan Association of Santa Fe Tibetan Association of Southern California Tibetan Cultural Association – Quebec TIBETmichigan Tibet Oral History Project Toronto Tibet Youth Congress United Nations for a Free Tibet (UNFFT) U.S. Tibet Committee Western Colorado Friends of Tibet Wisconsin Tibetan Association Central and South America Amigos del Tibet, El Salvador Asociación Cultural Peruano Tibetana Asociación Cultural Tibetano – Costarricense Casa Tibet Mexico Centro De Cultura Tibetana – Brazil Grupo De Apoyo a Tibet Chile Grupo Pro-Cultura Tibetana, Chile Le Club Francais – Paraguay Pensando En Tibet – Mexico Tibet Group-Panama Tíbet Patria Libre, Uruguay Fundación Pro Tibet – Argentina Friends of Tibet in Costa Rica World League for Freedom and Democracy Asia Bharrat Tibbat Sahyog Manch, India Core Group for Tibetan Cause, India Foundation for Universal Responsibility of H. H. the Dalai Lama Gannasamannay Gu-Chu-Sum Movement of Tibet Himalayan Committee for Action on Tibet India Tibet Friendship Society Japan Association of Monks for Tibet (Super Sangha) Lung-Ta Project Mahatma Gandhi Tibet Freedom Movement National Campaign for Tibetan Support, India National Democratic Party of Tibet Raise Tibetan Flag Campaign Roof of the World Foundation, Indonesia SFT Japan SFT India Students for a Free Tibet – Bangladesh Taiwan Friends of Tibet Taiwan Tibet Exchange Foundation The Youth Liberation Front of Tibet, Mongolia and Turkestan Tibet Lives, India Tibet Philippines Support Network Tibet Solidarity Forum, Bangladesh Tibet Support Group Kiku, Japan Tibet Support Network Japan Tibetan Student Association, Madras (TSAM) Tibetan Parliamentary and Policy Research Centre Tibetan Rights and Freedom Committee (TRFRC) Tibetan Women’s Association (Central) Tibetan Youth Congress Japan Committee of 100 for TIbet Ns3 Rigpa Community Builder’s Foundation Anterrashtriya Bharat – Tibbet Sahyog Samiti Australasia A.C.T. Tibet Support Group Australia Tibet Council Friends of Tibet New Zealand Students for a Free Tibet New Zealand
