Thing is, it’s incidents like that which teach us (and that young lad) more lessons in life than most of the snowflake, woke bollocks that is all around currently.
Next time just put a link. There's no need for that many pixels to be sacrificed in vain as I scroll by without readingThis is utterly scandalous. The Venerable Thubten is a friend and mentor of mine. The Tibetans will win in the end.
THE EUROPEAN COURT OF HUMAN RIGHTS BURIES UNIVERSAL JUSTICE FOR TIBET
A saga of impunity
15 January 2021
From the 15th Anniversary of the admission of the Tibet genocide lawsuit to its funeral in just a few days.
The Secretary of the European Court of Human Rights (ECHR) has just announced the dismissal of the lawsuits in the Tibet case. The Court’s adoption of a decision taken by a single judge on 17 December 2020, “is definitive and cannot be the object of an appeal”. With this verdict, the Strasbourg Court certifies the death of universal justice for Tibet.
In this link the PDFfile with the meager resoltion of the ECHR.
Even though the rejection letter cites some articles of the court`s convention and regulations in a short cut and paste paragraph, the decision offers not enough information and neither explains the concrete causes of the inadmission in response of 30 pages of arguments and grounds of law offered by the CAT plaintiffs.
Chronology of facts in this saga of impunity:
- In July 2005 dozens of cases of torture, forced disappearances, murders and killings of Tibetans at the hands of Chinese forces and the Chinese Army were denounced at the Audiencia Nacional (Spain’s Special Investigation Court).
- On 10 January 2006 three judges of that court unanimously accepted the lawsuit, deeming prima faciae that genocide had been committed in Tibet.
- For eight years, dozens of Tibetan victims, eyewitnesses, experts, jurists and representatives of different human rights organizations presented their testimonies and proof of the acts denounced.
- As a result of this judicial investigation, on 18 November 2013 the three judges of the Audiencia Nacional’s Criminal Court Section 3 ruled unanimously to issue international arrest warrants against leaders of the Chinese Communist Party, including former presidents Hu Jintao (in process) and Jiang Zemin, and former prime minister Li Peng, after “deducing the existence of indications of their participation” in the international crimes denounced.
- Days later, representatives of the Chinese Communist Party went to the Spanish Parliament in Madrid to demand the lawsuit be closed. The Spanish Government bowed the knee to the Beijing authorities, and the Spanish Parliament approved the de facto revocation of universal justice, which became law on 14 March 2014.
- According to the Foreign Ministry, the official reason given for this legal reform was: to maintain good economic and business relations with China, which included 20% of Spain’s national debt being in Chinese hands.
- Three days later, on 17 March, the judge investigating the case asked the prosecution to clarify this new situation, in order to proceed with closing the Tibet case.
Over seven years of appeals have passed since then, in which neither Spain’s Special Court (Audiencia Nacional), nor Supreme Court nor Constitutional Court or now the Strasbourg Court have presented any legal objection to this legislative reform imposed by the Chinese Communist Party. Not a single one.
José Elía Esteve Moltó, faced with these news and facts, the research lawyer author of the Tibet lawsuits and Professor of International Law at the University of Valencia has declared: “So just where are the values and principles and the protection of human rights of the so-called Western democracies and their institutions? Where are these democracies heading if they ignore their basic principles? If the rule of law, with all its institutions, is incapable of resisting clashes with and blackmail of the Chinese Communist Party, to what uncertain future is it leading its citizens?
José Elías added: “Changes in legislation such as that regarding universal justice in Spain, and court rulings such as that of the Strasbourg Court, lead to mistrust in our institutions that should protect our fundamental rights; and it is precisely this mistrust that has become the breeding ground for the populisms that are spreading like wildfire throughout the world. Meanwhile, many people express surprise at these movements, which are nothing more than the result of a crisis in values and principles.
Alan Cantos, Director of the Comité de Apoyo al Tíbet – CAT, main plaintiffs in the case spoke out yesterday: “One door has closed, but the “fight for human rights” should continue and other doors should open in other judicial forums in other countries where the long tentacles of political pressure and economic threats from China have not yet reached and they maintain their Universal Jurisdiction (UJ) laws alive in their courts.
And most importantly, in this necessary continuity for UJ in Spain and given that this shelving was due to procedural causes, if the UJ law in Spain, presently castrated, is changed and the present obstacles removed, the case of Tibet could be re-opened, and hopefully many other cases shelved by the domino effect”.
Nima Binara, a prestigious Tibetan lawyer, summed it up prefectly shortly before the news from the ECHR was known: "This was a ground-breaking lawsuit. It made history, and the unfortunate subsequent change in Spanish law will never erase that. An independent national court found a prima facie case that China had committed genocide in Tibet, Hu Jintao was personally indicted for genocide in Tibet, and international arrest warrants were issued for Jiang Zemin and Li Peng. That was a testament to the bravery of the victims who testified."
Manuel Ollé Sesé, lawyer in the CAT’s legal team, and professor of International Criminal Law in Madrid’s Complutense University: “Hope in the restoration of the Tibetan victims’ dignity vanishes once again, as they are deprived of their human right to access justice. It is time that States fully accept once and for all and without hesitation all the obligations imposed by international law in the persecution of the most serious international crimes. Every time a case like that of Tibet is falsely closed, justice is weakened throughout the entire international community.”
Maite Parejo Sousa, international lawyer in the CAT’s legal team: “This is a new setback for Tibetan victims, who have not found [legal] protection in Tibet or inSpain, or in the judicial body that should guarantee human rights in Europe. The impunity of the perpetrators of international crimes, and the protection of the victims of those crimes continues to be unresolved business for the international community. The battle has been lost, but the fight against impunity for these atrocities must continue.”
Thubten Wangchen, is a Buddhist monk, Spanish Tibetan, victim and witness, private prosecutor in the lawsuit, and director of the Fundación Casa del Tíbet in Barcelona co-plaintiffs in the case: “It is disappointing that the Strasburg Court, Europe’s highest human rights body, should eliminate any possibility of judging the genocide in Tibet, and not even explain such a dismissal to the plaintiffs. Their reply has been: “No, because I say so.” This is a hard blow to the memory of those who have already died, and also to those Tibetans who have survived torture at the hands of the Chinese Government, and who had faith that justice would be served. Europe has failed us, Spain has failed us, but the Tibetan people are resilient and will never give up. We, the Tibetans in exile, are the only people who can give a voice to our oppressed brothers in China. We will seek alternatives outside Europe to bring the Chinese torturers and perpetrators of genocide to trial. We have faith that the truth will triumph, and we are confident that within a few years the Strasburg Court of Human Rights will be ashamed of this verdict.”