Today the first known criminal lawsuit was filed against Jiang Zemin (former President of China), Li Peng (former Primer Minister of China) and five other Chinese officials [i] for crimes of genocide, crimes against humanity, torture and terrorism committed upon the Tibetan people, at the National Court (Audiencia Nacional) in Madrid, Spain. This historic lawsuit is the first case seeking to define the Chinese State’s treatment of the Tibetan people , where it is claimed that over 1 million Tibetan’s were murdered or died at the hands of Chinese officials, and over 90% of the religious and cultural institutions destroyed.
Following Spain ‘s positive legislation and judgments using universal jurisdiction to sentence State perpetrators of crimes against humanity, [ii] the lawsuit is the culmination of 8 years of academic research by Dr José Elías Esteve. Presented by the CAT: Comité de Apoyo al Tíbet, a Madrid-based, a-political and secular NGO, [iii] the lawsuit has also been co-signed by national and international human rights organizations, and supported by expert jurists (legal experts) and international Tibet Support Groups. [iv]
Despite three United Nations General Assembly Resolutions (1959, 1960, 1965) that condemned Chinese abuses and granted the Tibetan people the right to self-determination in 1960 there has been little international resolution to "promote universal respect for, and observance of, human rights and fundamental freedoms" for the Tibetan people. Reports by many legal experts and organisations, such as the International Commission of Jurists (ICJ) have repeatedly condemned Chinese actions in Tibet as an occupation and have considered Chinese Communist Party’s systematic repression and acts in Tibet from 1950 to the end of the 1970’s as a crime of genocide against the Tibetan people. "The international community’s failure to take decisive measures on behalf of the Tibetan people reflects a biased passivity" says Dr José Elías Esteve, recipient of a Magna Cum Laude for his Ph.D ("The legal status of Tibet in international law," University of Valencia ) . "In the face of such inertia from the international community, the Tibetan people continue to face imprisonment, religious, cultural and economic discrimination, persecution and repression under Chinese policies whilst the current and historic perpetrators of such atrocities remain at large and in positions of authority within the CCP." [v]
Human rights organizations and governments have long criticized the People’s Republic of China (PRC) for their human rights record, and whilst the PRC have ratified the Genocide Convention and the Convention Against Torture, there continue to be frequent and detailed example of gross abuses of justice emanating from the country which claims to be under the rule of law. Such international organisations and documents explicitly state that their objective is to sanction and end impunity, and to prevent similar crimes from being committed in the future . "In launching this lawsuit, we are seeking a moral and legal answer to the acts committed upon the Tibetan people by the authorities of the People’s Republic of China" says Alán Cantos, Coordinator of CAT. "The preference for non-judicial reports and findings has limited the Tibetans ability to gain meaningful reparation for their suffering- we will present the judge with the facts and the fundamentals of law in order for the empowered legal authorities to pass judgment upon. For the Tibetan people, for the principles of universal justice and for the moral fortitude of the international community, a judgment of the heinous crimes committed by the PRC and their representatives upon the Tibetan people remains imperative. We are happy that the Spanish legal system appears to be more and more capable of applying the universal law as it is written and not as governments and dictators prefer. I believe that such initiatives will provide the first step in seeking retrospective justice to the individuals and families involved."
Thubten Wangchen, a Spanish citizen and Director of Casa del Tibet in Barcelona has also co-signed the lawsuit, saying "This offers each Tibetan an opportunity to gain legal recognition for their suffering." He and his family directly suffered from the Chinese genocide : "The Chinese army took my pregnant mother away when I was a child, and I never saw her again. Later in my life I was also arrested and threatened with death. Until I became a Spanish citizen I couldn’t have dreamed of participating in such a lawsuit, as I was without citizenship and feared repercussions." Several Spanish judgments on Argentina and Chile have demonstrated that the legal infrastructure is willing to encourage such initiatives. Despite the restrictive interpretations of universal jurisdiction given by the High Court (Tribunal Supremo), the dissenting opinions in the Guatemala judgment , as expressed in this paragraph, must prevail: "By removing impunity for serious crimes against humanity such as genocide, the exercise of universal jurisdiction contributes towards peace and the humanization of our civilization… It … contributes towards a more just world and a safer one, and towards consolidating international law rather than violence as the habitual method of solving conflicts." Furthermore, many jurists and international human rights organizations are challenging such restrictive interpretations of universal jurisdiction. A recent Amnesty International report (13/05/05) claims that "The duty to respect the obligations of international law cannot be eluded" [vi], whilst the restrictive judgment in the Guatemala case is now being revised by our Constitutional Court . One of the dissenting judges who subscribed to the illegality of this interpretation is now the General State Prosecutor in Spain , Mr. Conde Pumpido.
José Elías Esteve and Alán Cantos, promoters of this legal initiative, conclude: "The right of reparations to victims and forgiveness cannot be appealed, nor can it be ceded to any political representative. It is the Tibetan victims and their families, the sole and true holders of this nontransferable right, who for the first time ask for the protection of a court of justice and wish to see their tragedy recognized after decades of fruitless resistance."
CAT: COMITE DE APOYO AL TIBET is a completely secular and politically independent NGO with nearly 20 years’ experience, and is concerned solely with the survival of the Tibetan people and culture seriously threatened since the invasion by China .
CAT: COMITE DE APOYO AL TIBET
Costa Rica , 11 – (1, A-25)
28016 MADRID , Spain
Telf. y Fax (0034) 91 3502414
Email: info@tibetcat.com
Web: www.tibetcat.com
Coordinator: Alán Cantos
Vice President and International Law Expert: José Elías Esteve Moltó
Additional Notes.
[i]
- Jiang Zemin, former President of China.
- Li Peng (former Primer Minister of China .
- Ren Rong, Party Secretary for Tibet from 1971-1980, and military leader who, as part of the Southwest Military Command, took part in the invasion of Tibet .
- Yin Fatang, Party Secretary in Tibet from 1980-1985, and military leader who, as part of the Southwest Military Command, took part in the invasion of Tibet .
- Qiao Shi, Chief of Chinese Security and responsible for the People’s Armed Police during the repression at the end of the 1980’s.
- Chen Kuiyan, Party Secretary in the TAR " Tibet ‘s Autonomous Region" from 1992-2001.
- Deng Delyun, Minister for Family Planning during the 1980’s.
[ii] SCILINGO CASE (sentence 16/2005). Argentinean Adolfo Scilingo, a former Naval Officer was sentenced in person, by the Spanish Court to 640 years in prison for crimes against humanity committed during Argentina ‘s "Dirty War" between 1978 and 1983. Despite the sentence condemning Scilingo, the universal jurisdiction has not been totally applied, as recognized by the Spanish law that contemplates this jurisdiction (article 23.4 Ley Orgánica Poder Judicial)
[iii] CAT is a secular and politically independent NGO with nearly 20 years’ experience, and is concerned solely with the survival of the Tibetan people and culture seriously threatened since the invasion by China . This lawsuit is neither leftwing nor rightwing, as neither is genocide, which, like all crimes against humanity, are therefore against each and every one of us, independent of our distance from or proximity to the victims.
[iv] Legal experts:
**Some top lawyers have chosen not to be on the list for various reasons but have expressed their support for the initiative**
•Carlos Slepoy (Lawyer in charge of the accusation in Spain of the Scilingo case, Argentina which ended in the first transnational sentence in history of a crime against humanity).
•José Manuel Gómez Benitez (Profesor of Criminal Law. Legal expert in the Pinochet case and lawyer in the Guatemala case).
•José Elías Esteve Moltó (Doctor in International Law. Author of the book "Tíbet: La frustración de un estado. El genocidio de un pueblo". (" Tibet : the frustration of a State. The genocide of a people.")
• Tibet Justice Centre ( Berkeley , California , USA ) (Legal experts on Tibet )
•Eva Herzer (Expert lawyer on the case of Tibet , USA )
**Plus a number of expert Spanish lawyers and jurists involved in cases of universal justice ( Chile , Argentina , Guatemala ). **
International Tibet Support Groups and individuals:
Co-Signatories
- Gu Chu Sum (Tibetan Political Prisoners Org)
- Tibetan Youth Congress (TYC)
- Casa del Tíbet, Barcelona , Spain
- Stottekomiteen for Tibet , ( Tibet Support Committee , Denmark )
Supporters
- Gu Chu Sum (Tibetan Political Prisoners Org)
- Tibetan Youth Congress (TYC)
- Friends of Tibet , India
- Karma Yeshi (Voice of Tibet Editor, MP)
- Students for a Free Tibet (SFT) International
- SFT – India
- SFT – France
- SFT – UK
- Free Tibet Campaign, London
- Casa del Tíbet, Barcelona , Spain
- Casa del Tibet , Mexico
- Australia Tibet Council , Australia
- France-Tibet , France
- Tibet Support Committee, Copenhagen
- Canada Tibet Council , Canada .
- Tibet Ireland
- Save Tibet , Austria
- Friends of Tibet , San Diego , USA
- Tibet Michigan , USA
- Zida Cels, Latvia
- Asociación Cultural Tibetano-Costarricense , Costa Rica .
- International Tibet Independence Movement ( USA )
- Tibet Society of the UK
- Lions des Neiges Mont-Blanc , France
- Tibet Community of Britain
- Olympic Watch , Czech Republic
[v] Refer to Amnesty International’s Annual Report on the PRC 2004.
[vi] Amnesty International, " Spain . The duty to respect the obligations of international law cannot be eluded." http://web.amnesty.org/library/Index/ESLEUR410032005 . Original: Amnistia Internacional: Indice AI: EUR 41/003/2005. 13 de mayo 2005. España El deber de respetar las obligaciones de derecho internacional no puede ser eludido.
