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"On my part, I remain committed to the process of dialogue. It is my firm belief that dialogue and a willingness to look with honesty and clarity at the reality of Tibet can lead us to a viable solution."


December 13, 2011

PRESS RELEASE: COMITÉ DE APOYO AL TÍBET (CAT) 8th December 2011 FIRST (In the case of genocide and other crimes admitted in the Spanish National Court (Audiencia Nacional) - Court Room nº2 - on the 10th of January 2006. American M.D. Dr. Blake Kerr was a direct and indirect witness of forced abortions, sterilizations, infanticides and torture during several stays in Tibet between 1988 and 1991. Besides these aberrations he saw deaths and aggressions in the course of street shootouts by the security forces, against peaceful protesters and passers-by, in Lhasa (Tibet’s capital). These crimes committed by Chinese forces against women and children will be part of his testimony, before Judge Ismael Moreno, as they are part of the facts that have been denounced in the case, currently being investigated for genocide, torture and war crimes. His oral declaration, plus the written and audiovisual evidence he will present to the Judge, about these birth control practices, are a key body of evidence for the investigation of the crime of genocide. The witness had been accepted to testify by a court resolution of the 24th of November 2007. He was supposed to do so by “rogatory commission” (witness interview in the United States through legal consular services). But this method, which is a rather common court procedure in most democratic countries, did not produce any results. After waiting for more than 4 years and our insistent requests before the court to proceed to the testimonial hearing, the Judge has decided not to wait any longer and personally appoint the witness in Madrid on Monday 12th December 2011 (10am). This gives Dr. Kerr the opportunity to fulfill his old wish and sense of responsibility of telling the things he saw and investigated in Tibet, to a judge. The CAT (Comité de Apoyo al Tíbet) and co-plaintiffs Fundación de la Casa del Tíbet, plus the private accusation (filed by the Spanish citizen, of Tibetan origin, Thubten Wangchen) would like to express their satisfaction for this progress of Universal Justice for Tibet in Spain. SECOND. (Second case opened in Court Room nº1 of the Audiencia Nacional on the 5th of August 2008 and presently shelved but pending further appeals) This second case for justice in Tibet (dealing with various crimes perpetrated in the spring of 2008) was shelved last year by Judge Santiago Pedraz in a court writ of 26th of February 2010 invoking the law reform 1/2009 3rd Nov. which amongst other things altered article 23.4 of the Spanish Organic Law of the Judicial which controls the application of Universal Justice. This shelving decision has recently been ratified by the Supreme Court disallowing CAT´s appeal in this high court. About this case and the rejection of our latest appeal by the Supreme Court, the Spanish press has published some articles which altogether seem to have put and end to Universal Justice in Spain and the Tibetan legal cause. This is not so. The plaintiffs would like to remind that there are two cases for Tibet: one filed before Judge Ismael Moreno, currently in the final phase, which is the one with the announced testimonial hearing; and another presently shelved case, in which further appeals by CAT´s lawyers are still pending settlement: 1)request of the nullity of proceedings and 2) appeal for legal protection to the Spanish Constitutional Court. It is precisely through these appeals that we are denouncing the high court´s decision, that patently violates the right of the victims to judicial tutelage, as it ignores and does not settle in a clear and motivated manner most of the grounds of law present in our appeal, such as those dealing with the existence of national ties and the direct application of the international treaties, such as the Geneva Conventions. This is the reason for having requested the nullity of the proceedings. ...... In spite of the fact that Universal Justice is being attacked from the economic and political powers, the victims and the plaintiffs are resisting. And after the reading those recent articles, the famous Mark Twain´s quote about the announcement of his death in the papers comes to mind applied to the demise of the Tibetan case and the Universal Justice in Spain: “the rumors about my death have been grossly exaggerated” The International Law and the Universal Justice are some of the greatest achievements of modern democracies to fight against the most atrocious crimes on the planet and settle conflicts in a peaceful manner, based on truth and responsibility. To modify or violate these laws, bending to China’s or any other economic pressure actually impoverishes our democracy and defies the purpose converting what is by definition “Universal” in something conveniently “Local”. Let’s globalize justice, not impunity. More info, copies of court statements and application for interviews with witness and lawyers: (id and affiliation required for some info and documents) or Comité de Apoyo al Tíbet (CAT) / (under re-construction). END OF PRESS RELEASE
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