Spanish justices order investigation of crimes against Falun Gong in China
Human Rights Without Frontiers Int'l
December 30, 2007
Read Madrid Resolution Here
The Constitutional Court accepted the case against Jiang Zemin and Luo Gan, which is added to the cases of Jia Qinglin and Wu Guanzheng, already under investigation by the National Audience of Spain.
Notification has being received of the sentence decreed by the highest Court of Spain in constitutional matters, the Spanish Constitutional Tribunal, has recently accepted the case of Falun Gong, admitting the resource of constitutional shelter interposed by the victims and all the judges from the Second Room unanimously deciding that the Courts of Spain must investigate the genocide against Falun Gong denounced by victims in the complaint presented 15 October, 2003. The road to justice against the crimes committed by the Chinese communist Party against the spiritual movement Falun Gong in China begins.
Each and every one of the six judges from the Second Room have accepted the expedient presented by the lawyer of the victims and have declared Jiang Zemin and Luo Gan will have to be investigated by the Courts of Spain for the crimes of genocide and torture of which they have been accused by the victims of these horrible crimes against the humanity.
This way Jiang Zemin and Luo Gan's case will be join to the cases of Jia Qinglin and Wu Guanzheng that already are being investigated by the National Hearing of Spain, being accused of the very serious crimes of genocide and tortures against Falun Gong Practitioners in China. Spain and its Justice system this way Spain becomes the first European country that takes a strong step forward and in defense of the human rights of the Chinese citizens who are brutally persecuted by the Chinese communist party.
15 October, 2003, fifteen genocide victims interpose a criminal complaint against Chinese Ex-president Jiang Zemin and Luo Gan, vice director and true brain of Chinese Gestapo created with the name of office of control of Falun Gong denominated 6/10. Both were accused by means of complaint in the penal scope, of the crimes of genocide and tortures against hundreds of thousands of medical instructors of spiritual education Chinese Falun Gong, as well as to devise and to plan the true extermination of the practice of Falun Gong and all its practitioners, who already in year 1999 were considered in a number near the 100 million Chinese citizens.
In concrete Jiang Zemin with the direct support of the Chinese communist Party's members and using his Presidential status as president of China and his direct control of the Chinese government ordered a ferocious and brutal and illegal persecution against Falun Gong Practitioners and against the Chinese Constitution, giving instructions to the Chinese Polit Bureau in April of 1999 three very concrete slogans that are identified and will be part of the history that clearly define genocide: "defame the practitioners" "Bankrupt them financially" "Eliminate them physically".
These orders were issued by the dictator of the Chinese communist party, to carry out the greater genocide in the history of humanity, were coordinated by Luo Gan, Vise-Director and coordinator of office 6/10 office designated the Falun Gong control office, an illegal organization created in the margin of the Chinese official institutions, that acted in a bloody way across the Chinese territory arresting illegally thousands of Falun Gong practitioners, locking them up in forced labor camps where they were and are being tortured to death trying to make them "resign their beliefs" by means of the so call "repentance declarations".
This genocide has been possible with the collaboration of the Chinese communist Party through all its public institutions that have been illegally used with the aim to persecute, to exterminate millions honest Chinese citizens Falun Gong practitioners in China.
The official Chinese mass media, centers of appeals, police and their own Chinese Courts, all have been used by the Chinese communist party and Jiang Zemin for genocidal criminal aims against Falun Gong, serving as accomplices of this cruelty and this extreme barbarism.
More than eight years of persecution have passed, Justice begins to awake and the people responsible of these crimes will have to respond before her to avoid impunity.
Under the universal principle of justice Spain will serve justice against Jiang Zemin in the case of Falun Gong and thus gives hope to the victims of the genocide against Falun Gong.
At present four Chinese leaders in Spain are under investigation.
The crimes of Jiang Zemin, Luo Gan, Jia Qinglin and Wu Wangzhen are under investigation by the National Tribunal of Spain. This opens the road to investigation and the petitions of the lawyer of the victims for the defendants to be made available to the Spanish Justice System. Until now Jiang Zemin has escaped justice in numerous countries protected as his Ex-President, and diplomatic immunity, but this has not served him in Spain, since no high political agent chief executive of a country can assassinate with impunity, commit torture acts or exert his power to impose the terror amongst his honest citizens.
These acts, are acts committed personally and marginally in his position as President and therefore he will have to respond personally for them. No President has as part of his duties the assassination or torture of his own citizens. Jiang Zemin has done it and for that reason will not escape Justice in Spain.
The Spanish constitutional court admits Falun Gong's case.
The complaint interposed in 2003 against Jiang and Luo Gan was rejected by the National Hearing of Spain and Spain's Supreme Court under the circumstances that victims of Spanish nationality in this genocide did not exist, and when these Courts demanded to admit the competition of the Spanish Courts and Tribunals that bond of nationality the complaint was denied. Nevertheless the victim's lawyer of the went to the highest Spanish Court in constitutional matters, the Constitutional Court who by means of a sentence and a historical decision manifested a direct way in the terrible crimes as the genocide and the tortures, not only is affected a state or actual victims, but really they are crimes and that by their cruelty affect all the international community, all of the world countries, which are forced to prevent and to sanction the crime of genocide, even though there are no victims of his own no country. It is what is called the principle of universal jurisdiction, universal justice.
This principle of universal justice must be considered absolute and it mustn't be limited by interests or national bonds, since we are before crimes of such gravity that their persecution force all States, and the Spanish constitutional Court says that the criterion of the victims nationality cannot limit the universal aspiration to persecute the crime of genocide, crime of international right.
The Spanish constitutional Court highlights the fact that the "China has not ratified the Statute of Rome that approved the Penal International Court " which without a doubt gives evidence of the necessity that other countries can do justice in this genocide against Falun Gong, given the material impossibility that these crimes are investigated in China when the lawyer for Falun Gong alleges that the Chinese communist party high levels are involved in this persecution.
Universal justice must be applied and therefore the defendants Jiang Zemin and Luo Gan will be investigated by the Spanish Justice System.
The six magistrates from the Second Room of the Spanish Constitutional Court unanimously decide to accept the recourse and to grant constitutional shelter, the right of victims to complain that the Falun Gong case is investigated by the Spanish justice System.
The steps taken in this investigation from now on will go directed by the victims own defense with their lawyer and the Office of the public prosecutor in order to investigate these crimes and try to obtain that the people in charge of these crimes respond before the Spanish Justice System and are seated before the prisoners' dock facing the a jail term of up to twenty years according to article 290 of the Spanish Penal Code.
To achieve this the use of international legal mechanisms like extradition in the case that any of these people travel from China to other countries they can be stopped by the international police, the INTERPOL or the FBI and be send to the Spanish justice System to be placed before the Spanish judges and seated in the prisoners' dock.
The road is open to expose the truth of the Falun Gong case and the way to defend the victims is opened, no crime must be unpunished and Jiang Zemin, Luo Gan, Jia Qinglin, Wu Wanzheng and all those that have taken part in this terrible genocide must know that the hour of justice approaches fast and effectively, and Spain is ready so that they respond for their crimes.