News and Views on Tibet

Chinese President Visits Spain Amidst Key Legal Appeal

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THE IMPUNITY OF HUMAN RIGHTS VIOLATIONS IN TIBET AND CHINA MUST END

Friday 11th November – Spanish authorities must not ignore China’s endemic violation of human rights in China and Tibet during the Chinese President, Hu Jintao’s forthcoming State visit to Spain (13th – 15th Nov). The CAT will collaborate with Falun Gong, Amnesty International, Reporters without Frontiers and other organizations, to question the continued impunity of China’s abusive human rights record.

During President Hu’s European tour, governments have remained silent on China’s state sponsored atrocities, endangering shared democratic values in favour of trade deals. In 1989, President Hu declared Martial Law in Tibet, after two days of non-violent protests by Tibetan, resulting in the murder of over 130 Tibetans. Four months later, Hu congratulated Jiang Zemin, his mentor and predecessor, for implementing Martial law against the Tiananmen Square massacres, which resulted in the current EU-wide arms embargo to China. To date, China has failed to investigate or prosecute those responsible for massacring innocent people, and the international community has failed to act decisively, excluding thousands of victims, many of who are now exiled in the West, from receiving justice. In contrast, CAT launched the first criminal lawsuit at the Audencia Nacional in June 2005, against Chinese officials for the crimes committed against the Tibetan people. Former Chinese President Jiang Zemin, and former Prime Minister Li Peng are accused of committing genocide, torture, state terrorism and crimes against humanity against the Tibetan people.

The Tibetan lawsuit’s progress has been halted by the Audencia Nacional’s decisions to suspend all appeals of universal jurisdiction. The announcement came following the Constitutional Court’s correction of the High Court’s restrictive application of universal legislation in the Guatemala case. The appeal’s suspension means that Spanish citizen, Thubten Wangchen (Director of the House of Tibet Foundation from Barcelona), is denied legal protection by Spain, having suffered torture under the Chinese occupation. “The Constitutional Court demanded the lower courts to apply universal legislation, as it is enshrined in the Convention against Genocide rather than, as it would sometimes appear, according to the wishes of governments in office, or depending on there being national victims or interests.” Says José Elías Esteve, research lawyer and author of the lawsuit. “The Constitutional Court’s ruling is a firm step forward in the fight against impunity. The judges must now clearly reconsider our lawsuit, and provide justice for the universal crimes committed against the Tibetan people”.

Javier Moro, journalist, writer and author of “The Mountains of Buddha” says:
“We must establish and develop good relations with China, but without lowering our guard about what the Chinese Communist Party is up to. It is important for us to continue exerting pressure at suitable levels, for respect of human rights, religious freedom within China and minority rights, including those of the Tibetans.” [1] However, the ‘Chinese Miracle’ of 9.5% economic growth is destabilising the country; economic disparities between urban and rural China has escalated, environmental and poverty relate migration throughout China is on the increase, and last year over 72,000 protests were recorded, revealing the extent of instability in China, and limiting further economic growth. The environmental cost of China’s industrialisation is also being felt throughout Asia. Earlier this year, Chinese Deputy Environment Minister Pan Yue declared, “The Chinese miracle will soon come to an end…” accepting that the huge environmental cost was unsustainable. [2]

During State visits to Canada and the UK this year, it has emerged that Chinese embassies pay members of the Chinese community to support the President on the streets, to counter protests by the breadth of groups who suffer under Chinese rule. In April 2005, claims emerged that people were paid to protest in during the violent anti-Japanese riots in China. Similarly, arrests, violent beatings, intimidations and illegal detentions have escalated in rural China, when people confront local government over their corruption, whilst reports of women facing forced abortions at 8 months of pregnancy continue to reach human rights organisations and NGO’s.

“Hu Jintao’s presence in Spain should strengthen the economic ties and bonds of friendship between both countries, but not in isolation of the graphic human rights atrocities committee throughout China.” Says Alan Cantos, Coordinator of CAT. “As responsible citizens, we must request our politicians to demonstrate the courage to openly confront the impunity and constant disregard for human rights in China. It is morally corrupt to subordinate denunciation of such grave abuses to economic interests. The current silence over such widespread horror breaches the ethical limit of responsible government.” Concludes Mr Cantos.

CAT: COMITÉ DE APOYO AL TÍBET, Costa Rica, 11 – (1, A-25), 28016 Madrid, Spain,
Tlf: & Fax: (0034) 91 350 24 14, Email: infoatibetcat.com, Web:
www.tibetcat.com
Notes
[1] The compelling book, “The Mountains of Buddha” is about the repression leading Tibetans to flee their home country, and is based on first hand visits to Tibet and the exiled communities.
[2] Interview in Der Spiegel on 7th March 2005

Contact:
International Press Officer: Emilie Hunter: (0044) 7766655379 emilie@sftuk.org CAT Coordinator: Alán Cantos: 639 622 666 or alan.cantos@ainco.es Vice President, investigating lawyer of the lawsuit: José Elías Esteve Moltó:
680 420 639 or adl@cocentaina.org

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