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China anger over Spanish arrest warrant for Jiang Zemin
by Staff Writers
Beijing (AFP) Feb 11, 2014


China pressuring Spain on human rights case: Tibetan monk
Madrid (AFP) Feb 11, 2014 - A Tibetan monk who pushed a human rights case against former Chinese leaders through Spanish courts accused China on Tuesday of pressuring Madrid to change the law that made the complaint possible.

Thubten Wangchen, a member of the exiled Tibetan parliament, said Prime Minister Mariano Rajoy's government had moved to limit the use of "universal jurisdiction", which allows judges to try certain cases of human rights abuses committed in other countries, only to appease China.

A Spanish judge on Monday sought international arrest warrants for former Chinese president Jiang Zemin and four other top Chinese officials as part of a probe opened into alleged genocide in Tibet under this doctrine.

Thubten, a Spanish citizen who was born in Tibet in 1954 but exiled with his family when he was a child, brought the case in a Spanish court in 2006 along with two Tibetan support groups.

China, a significant economic partner of Spain, reacted angrily to the judge's move, saying it was "strongly dissatisfied".

Thubten said Spain's ruling conservative Popular Party "was listening and supporting the Chinese government and this is why it is reforming the law."

"There is no other reason. The Chinese government is putting a great deal of pressure on Rajoy's government and therefore poor Rajoy has to take note and obey China, there is no other choice," Thubten told AFP.

Under a bill introduced last month by the Popular Party, judges will be able to investigate crimes against humanity, war crimes and genocide only if the suspect is a Spanish national, a foreigner living in Spain or a foreigner in Spain whose extradition has been denied.

Spanish lawmakers will vote late on Tuesday whether to put the draft bill to a debate and vote.

The Popular Party has a comfortable majority in the assembly and the bill is assured to pass.

"If Spanish government changes the law at the request of China then that means it is China which is in charge in Spain. If the law changes it would be shameful for the Chinese government," Thubten said after visiting the Spanish parliament during its preliminary debate on the draft law.

"The former president of China did criminal deeds and is responsible for genocide in Tibet and now he is facing the bill and he has to pay that bill. It is normal," he added.

China considers Tibet an integral part of its territory, which it has ruled since 1951, a year after invading the Himalayan region.

Beijing expressed anger on Tuesday after a Spanish judge sought arrest warrants for former Chinese president Jiang Zemin and four other senior officials as part of a probe into alleged genocide in Tibet.

"China is strongly dissatisfied and firmly opposed to the erroneous acts taken by the Spanish agencies in disregard of China's position," foreign ministry spokeswoman Hua Chunying said at a regular briefing.

Hua's comments came after Spanish High Court Judge Ismael Moreno on Monday ordered Interpol to issue arrest warrants for the five for genocide, torture and crimes against humanity, in a case brought against them by human rights groups.

"Jiang exercised supervisory authority over the people who directly committed abuses, which makes him responsible for acts of torture and other major abuses of human rights perpetrated by his subordinates against the people of Tibet," Moreno wrote in his ruling.

"He promoted and actively implemented policies whose objective was to populate the Autonomous Region of Tibet with a majority from the Han ethnic group, detain thousands of Tibetans during lengthy periods, torture the detained and submit them to other illegal abuses."

In addition to Jiang, the judge ordered the arrest of former premier Li Peng and three others.

The High Court in November said it had accepted arguments from Spanish pro-Tibet human rights groups that the five men may have had a role in human rights abuses and should be questioned.

The case was brought by the rights groups under Spain's recognition of "universal jurisdiction", a doctrine that allows judges to hear certain cases of human rights abuses committed in other countries.

The theory allowed Spain's former judge Baltasar Garzon to try to arrest and put on trial the late Chilean dictator Augusto Pinochet.

Jiang is unlikely ever to appear in a Spanish dock, but Hua blasted what she referred to as overseas groups pursuing Tibetan independence and called for the Spanish government to "see through the Dalai group's attempt to split the country", referring to exiled Tibetan spiritual leader the Dalai Lama.

Still, she emphasised that as China does not interfere in other countries' affairs it had no comment on how "domestic forces in Spain deal with" the issue.

"But I believe this incident concerns the sound development of bilateral relations, so we hope that the Spanish government can properly deal with this matter and tell right from wrong," she added.

While very few probes opened under "universal jurisdiction" have seen the accused brought to trial in Spain, investigations have irritated some countries.

Last month, lawmakers from Spain's ruling Popular Party tabled a bill to limit courts' use of the doctrine.

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