A Spanish lawyer fighting an unprecedented battle against the Chinese authorities for genocide in Tibet is touring India to encourage Tibetans living here to testify before a Madrid court. The lawyer, Dr Jose Elias Esteve, decided to make the journey after India refused to set up a Rogatory Commission that would have allowed the Tibetans to testify here. The Interpol had informed India of the Spanish court’s order to collaborate in the questioning, through a Rogatory Commission, of victims and witnesses.
India, which is home to over one lakh Tibetan refugees, is the only country with a sizeable Tibetan population not to cooperate with the Spanish investigation. The United Kingdom, Sweden, Canada, Belgium and the Netherlands have agreed to assist in the case. "The reply from the Indian government was devastating, as it concludes by saying that India does not recognise the principle of universal jurisdiction. It argued that the apparent crimes had not been committed on Spanish soil, so Spanish courts were not competent to try them," Dr Jose told this newspaper.
"The reply violates the most basic rules of international law and is utterly inappropriate for a democratic country like India," he added.
Dr Jose, who is visiting India with his associate Alan Cantos, Director of Tibet Support Group (Comite de Apoyo al Tibet in Spanish), said that the Spanish court has held that it is competent to judge cases of crimes against the Tibetans. (The case was admitted on January 10, 2006.) There is also a legal precedent of a Spanish court pronouncing the late Chilean dictator Augusto Pinochet guilty, they said.
According to Dr Jose and Mr Alan, their lawsuit is the first case seeking to define the Chinese State’s treatment of the Tibetan people, where it is estimated that over one million Tibetans were murdered or died at the hands of Chinese officials, and over 90 per cent of the religious and cultural institutions destroyed...
India, which is home to over one lakh Tibetan refugees, is the only country with a sizeable Tibetan population not to cooperate with the Spanish investigation. The United Kingdom, Sweden, Canada, Belgium and the Netherlands have agreed to assist in the case. "The reply from the Indian government was devastating, as it concludes by saying that India does not recognise the principle of universal jurisdiction. It argued that the apparent crimes had not been committed on Spanish soil, so Spanish courts were not competent to try them," Dr Jose told this newspaper.
"The reply violates the most basic rules of international law and is utterly inappropriate for a democratic country like India," he added.
Dr Jose, who is visiting India with his associate Alan Cantos, Director of Tibet Support Group (Comite de Apoyo al Tibet in Spanish), said that the Spanish court has held that it is competent to judge cases of crimes against the Tibetans. (The case was admitted on January 10, 2006.) There is also a legal precedent of a Spanish court pronouncing the late Chilean dictator Augusto Pinochet guilty, they said.
According to Dr Jose and Mr Alan, their lawsuit is the first case seeking to define the Chinese State’s treatment of the Tibetan people, where it is estimated that over one million Tibetans were murdered or died at the hands of Chinese officials, and over 90 per cent of the religious and cultural institutions destroyed...
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