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Hu Jintao

Born in 1942 and Chinese president since 2003, Anhui native Hu Jintao had been posted to Gansu, Guizhou and Tibet during his climb up the party ranks, and first became a member of the Politburo’s standing committee in 1992. He graduated from Tsinghua University in 1964 with a degree in engineering. The Communist Youth League is known to be a staunch supporter of Hu. He retired as General Secretary of the Communist Party Central Committee and Chairman of the Party's Central Military Commission during the 18th Party Congress in November 2012, and expected to handover presidency of the PRC to Xi Jinping in the spring of 2013. 

 

NewsChina Insider
HUMAN RIGHTS

Spanish court indicts China's ex-president Hu Jintao on genocide charges

PUBLISHED : Friday, 11 October, 2013, 12:38pm
UPDATED : Friday, 11 October, 2013, 4:23pm
 

Spain’s National Court has agreed to hear charges of genocide against former Chinese President Hu Jintao.

On Thursday, the court’s criminal division ruled in favour of an appeal by Tibetan exile groups allowing the indictment of Hu, a request which had been dismissed in June by the same court.

The court, which handles crimes against humanity and genocide, argued that the earlier decision had to be overturned because one of the plaintiffs, Thubten Wangchen, is a Spanish citizen and because China had not carried out its own investigation into the allegations.

“There’ll be some sort of diplomatic reaction,” said Nina Jorgensen, an associate professor at the Chinese Univeristy of Hong Kong’s Faculty of Law. “China has been very much against these proceedings.”

“But in all likelihood, not a lot will happen,” she cautioned. “The case brings attention to the issue and gives the victims at least an opportunity to bring attention to their claims.”

Spanish courts can hear cases of crimes against humanity wherever they occur outside its national territory on the legal principle of universal competence. In 2009, the universality was limited to cases in which Spanish citizens are victims of such crimes.

The court’s decision follows lengthy proceedings which started in 2008, when Tibetan activist groups, one of them headed by Wangchen, asked the court to hold seven Chinese state leaders, including former President Jiang Zemin and former Premier Li Peng, responsible for crimes against humanity allegedly committed by the Chinese government in Tibet. China denounced the trial proceedings.

Hu Jintao served as Communist Party Secretary of the Tibet Autonomous Region between 1988 and 1992, overseeing a crackdown on anti-Chinese riots in 1989.

The court “recognises that this genocide is against the country of Tibet and against the Tibetan nation, and the judges recognise that this indictment of Hu Jintao comes at the precise judicial moment ‘when his diplomatic immunity expires’”, the Madrid-based Comité de Apoyo al Tíbet, a plaintiff in the case, said in a statement.

 

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This article is now closed to comments

321manu
Bobby, you can't read English to save your life, and you're quite possibly an idiot as well.
1) Where has Spain declared a Tibetan state? Is that from the article, or from the voices in your head? In fact, please show me in the article where it is supposedly reported that the Spanish court (let alone the Spanish nation) has declared a Tibetan state? (Hint: you can't, cuz they didn't).
2) Where has the Spanish court tried to prosecute China? "Spain’s National Court has agreed to hear charges of genocide against former Chinese President Hu Jintao". Do i need to translate that into something other than English for you so that you might grasp it better? Would gibberish help? I mean seriously, is your ability to formulate a cogent argument so negligible that you have to resort to arguing against something other than what happened in reality? Cuz if all you have are imaginary arguments, then I'll leave you to debate them with your imaginary friends.
You are certainly welcome to debate "moral authority". But the courts don't deal in moral authority; they deal in legal authority. The court has made no claim of moral authority. So your point is pointless. Now, do you even understand what tu quoque is? Do you know why it's a logical fallacy? I don't have time to teach idiots, so you can go google it yourself.
HiggsSinglet
Hu is a confucius idiot!!!
321manu
Just for a little perspective, George W. Bush was indicted for war crimes in Switzerland, and convicted of war crimes in Kuala Lampur. And before that, Pinochet was charged by Spain with war crimes. So former heads of state are definitely fair game after they leave office, for those who think that the current Spanish court is somehow doing something totally unbelievable in the current instance. And remember they're only agreeing to hear the appeal. I can only imagine the frothing at the mouth that will occur if Hu actually gets convicted. That will be a popcorn-worthy spectacle, I'm sure.
I also didn't see much belly-aching from the US State Department when Bush got roasted in foreign courts. Contrast that with the Chinese Foreign Ministry. Sometimes (ok, almost all of the time), they doth protest too much. And as a study in human nature, I wonder if those who complain the most are the ones with the most to hide...
jamesobh
Spain has now become an enemy of China, even illegally indicting Hu Jintao. If there is any legality to the indictment, then Spain must show that she has the authority to arrest Hu Jintao.
321manu
On what basis do you suggest that the indictment was illegal? On what legal basis do you say that "the authority to arrest" is the litmus test for whether an indictment is "legal"?
Here's some news for you. THe Spanish court is hearing the case, so you already know that the indictment was legal insofar as Spain goes. As for arresting Hu, that wouldn't be necessary unless he's convicted. Even then, no one would be extraditing him; on the other hand, no more Spanish vacations for Hu cuz he would then be fair game for arrest if he went onto Spanish soil.
And why would Spain become China's enemy? The indictment is of Hu, and not of China. Time for you people to take a chill pill, and leave the histrionics behind.
321manu
To Ipc1998,
like I said earlier, please read a little more closely. Why is that so hard for you people? This court didn't say "country of Tibet"; " the Madrid-based Comité de Apoyo al Tíbet, a plaintiff in the case, said in a statement" that included that reference. It's in bloody quotation marks. I don't know what the court precisely said, but in this article, the only attribution of "country of Tibet" should be to the plaintiff who made the statement. See, read better, and knee-jerk less. It's not that hard, and it's better for everyone.
Now, in the United Nations Treaty definition of "organs of the state", "Conduct engaged in by organs of the State in excess of their competence may also be attributed to the State under international law, whatever the position may be under internal law". The listed example refers to police; there is no mention of the courts. So by referring to Spanish courts as an "organ", you're doing something the UN does not, and also assuming that this case is beyond that court's competence. I think I'll stick to the UN version, thanks very much. So no, by the UN version, this Spanish court isn't an "organ of the state", unless it goes on to do something beyond its competence. Good luck demonstrating that....I'll wait.
So let's summarize: you've wrongly accused the court of saying something it didn't, and you've failed to establish that the court is an organ of Spain under international law. Not a good day for you so far, it seems.
jlong2
Rr
maecheung
"The court “recognises that this genocide is against the country of Tibet and against the Tibetan nation".......Since when Tibet is a sovereign country?
andreaswagner
Tibet has been a sovereign country till the Peking Nazi's invaded and occupied it, murdering 2 millions of its inhabitants. Maybe time to ask your tuition fee back.
zane.tackett
"Tibet has been a sovereign country till Peking Nazi's invaded and occupied it"
You can't use has been and then until in the same sentence. It would be they were... until. So, what you're saying is, "it was a sovereign nation until it wasn't"? Because Tibet was part of China around the times of the Kangxi Emperor(died in 1722) and only became sovereign(kind of) again when Yakub Beg had his Muslim rebellion. They then lost that sovereignty when Yakub died. So, it's been part of China longer than America has been free from England. If they didn't want to be part of China, they should have fought harder. Native Americans, and most Natives in the western hemisphere, were conquered and subjugated as the victors saw fit. Very little complaining about that, though. The Chinese did the same thing, except they allowed the tibetans to keep their religion, live in their land, and live. Unlike the europeans, who forced conversion to their religion, forced the natives to live in the undesirable parts of the nations, and killed the vast majority of them.
Maybe it's time for you to pay tuition.
andreaswagner
Any country on this planet has jurisdiction when it comes to crimes against humanity. So also in the case of Hu, aka the 'Butcher of Lhasa'. Get an education.
lpc1998
Presumably, Spain had committed so many genocides in the heydays of the Spanish Empire (which lasted over 500 years) that some people (especially judges) in Spain believe that they are competent global authority on genocides. The Spanish were reported to have killed many Native American babies to prevent them from going to Hell by sending them to the Purgatory. They believed that innocent babies with unsaved souls when they died would go to the Purgatory whereas adult unbelieving Native Americans would certainly go to Hell. The then Spanish superpower believed they possessed the Eternal Truth and under divine orders to impose them on all non-believers wherever these non-believers might be by whatever means including violence. For today’s superpower, instead Eternal Truth, it has Universal Values. The odd thing here is that true universal values, by definition, are those practiced by people all over the world and do not need imposition from outside powers.
****genocidioamericano.com.ar/ingles/viaje.php?viaje=mexico
****en.wikipedia.org/wiki/File:Spanish_Empire_Anachronous_en.svg
321manu
Well then, hey, maybe you should file a court case in some court in China against those perpetrators in the Spanish Empire. It's ok that they're long dead; some Chinese court can try them posthumously, based on apparent evidence of what "presumably" occurred. But man, if ever anyone was going to try to argue that a court is the organ of the state, CHina would be a good start. That, and the fact the PRC lacks an independent judiciary, and that trials are conducted for political expediency. Exhibit A could be Xilai/Bo for instance.
321manu
To BobbyWong,
You're asking the completely wrong question. THis is a case before a Spanish court. The only relevant question here is whether that Spanish court has the LEGAL authority to make a judgement according to Spanish law. And OMG, I hope your answer to that is yes, cuz if it isn't, then I really can't help you.
And btw, they indicted Hu, not China. So you need to get the players straight.
And finally, your repeated reference to Basques is still a tu quoque fallacious argument. It might be time you googled tu quoque to learn exactly what that is, and why it's a logical fallacy. So too is your reference to Native Americans, btw. At least you're consistent with your logical fallacies.
BobbyWong
You are a very ignorant person:
1) Since Spain is part of EU, it has no authority to delcare "Tibetan state", since the larger entity, EU, declared Tibet as an integral part of China.
2) Sovereignty immunity is a universally accepted state right. Hence, Spanish court has no jurisdiction to prosecute China.
If "tu quoque" is all you can come up with, and not refute the atrocities Spain has committed, then recognize the reason Basque was brought up to counter the moral authority that's being claimed, not an argument for legal authority.
sengssk
I imagine the Chinese Communist Party will ban anything Spain exports to China to put pressure on their politicians. I hope it starts a trade war. The WTO definitely needs to collapse.
Maria L. Yau
Thank you, Spain!
Finally one country dare to court indicts Hu in geniocide charges. I am very thankful you did it.
ennoun
So lpc998 regards Tibet as part of Chinese territory? Wonder why the Tibetans around the world disagree with him entirely. Why do many other ethnic groups, as part of China by force, can hardly wait for the day when the CCP and it's unelected leaders meet their destiny?
lpc1998
You obviously have forgotten your geography lessons from your school days. Just open an atlas and look at a political map of Asia. If you cannot see that Tibet is within the boundaries of China, you need medical help.
****www.google.com.sg/imgres?imgurl=****skiptonstudiesofasia.files.wordpress.com/2011/06/south-asia-political-map-20041.jpg&imgrefurl=****skiptonstudiesofasia.wordpress.com/22-2/&h=1045&w=1261&sz=534&tbnid=eBgZsvJcT8fdMM:&tbnh=90&tbnw=109&zoom=1&usg=__iK25u5HGUPRnbTPTj1JC-4Fkb0c=&docid=rHef0UF5LD9f4M&sa=X&ei=IsVYUvvEPMO4rgfL6YC4Cg&ved=0CDEQ9QEwAg
sudo rm -f cy
¡Viva España!
tsering.d.dragung
as a response to bobbywong and ipc1998, spain is not the problem in that regard. china herself is the problem and it can only be solved if chinese people wake up from doomed nationalized ideology and take some responsibility as a citizen. it doesn't mean that you can speak if you have mouth rather responsible for what is coming from your mouth. may be you think it will ruin spain trade with china, although china is not stable and on the verge of falling sooner or later. not everybody is after money and immorality. so should you'll
lpc1998
Good advice! You better watch out what is coming out of your mouth. It is killing and hurting many Tibetan Chinese. Chinese people of all ethnic groups (apart of the relatively few foreign-back secessionists) are no different from other people when there is a need to defend their country’s territories. Ask the Indians, Japanese, Filipinos, Vietnamese, Malaysians, Thais, Cambodians, Russians, and many others. Many of these countries also have problems with secessionists and “freedom fighters”.
BobbyWong
Tell that to the Native Americans subjugated by us (yes I'm American), the First People in Canada, and the Northern Irish.
Oh yeah, don't forget the Basque which Spain is still terrorizing. There're conquered people everywhere. How about Hawaiians? Aboriginals in Australia?
Do what the rest of the indigenous population world over do - join the established sovereignty and current states for self preservation. Keep fighting, you'll end up like the Palestinians - oops, another one.
BobbyWong
The EU recognizes Tibet as an integral part of China. So shouldn't Spain, as part of EU, do the same?
And let's talk about the Basque, what about their independence?
321manu
This is about a human rights complaint, and not about Tibet's status in China. And let's try to avoid tu quoque and other logical fallacies, shall we?
BobbyWong
Okay then, does Spain have the moral authority to judge China, since it oppresses the Basques? I know my country doesn't, since our entire territory is obtained thru genocide of Native Americans.
lpc1998
China should view this decision of the Spain’s National Court seriously.
As the National Court is an organ of the Spanish state, its action is, therefore, an act of Spain against China.
The reference in its decision to “the country of Tibet” and “the Tibetan nation” should be totally unacceptable to the Chinese people as Spain is departing from the internationally recognized fact that Tibet is part of China.
The Chinese government is duty-bound to defend China’s territorial integrity and sovereignty. This calls for an immediate break of diplomatic relations between China and Spain. If Spain refuses to correct promptly her unfortunate errors, trade and other relations must be in jeopardy too.
Diplomatic relation between China and Spain can only be restored after Spain, clearly and unconditionally:
1. Correct her errors;
2. Apologize to the Chinese people for the errors;
3. Undertake not to mess around or interfere in the internal affairs of China,
4. Undertake not to support or in any way deal or associate with any person or group belonging to or associated with the Tibetan Chinese secessionists currently having their government-in-exile in Dharamshala, India.
It is quite clear that this attack on former Chinese President Hu Jintao is not only to embarrass him personally, but also to intimidate current and future Chinese leaders from discharging their duties to the Chinese people.
321manu
"As the National Court is an organ of the Spanish state, its action is, therefore, an act of Spain against China."
---dude, have you ever heard of an independent judiciary? Well, maybe that's a foreign concept to you.
And please, this is about a human rights complaint, and not about the status of Tibet within China. You guys need to read a little more closely, think a little bit more (cuz let's face it, any less would be physically impossible), and react in a knee-jerk fashion a little less frequently.
"Internal affairs"? Oh boy, next you'll be whining about "hurt feelings". Oh, and you'll be telling us about "stability" and "harmony". Did I miss any other CCP buzz-words?
lpc1998
Obviously, you have no idea what is meant by an organ of the state in international law and what an “independent judiciary” of a state being independent of.
****books.google.com.sg/books?id=8m8-3hidSKYC&pg=PA30&dq=%22an+organ+of+the+state%22+define&hl=en&sa=X&ei=m61YUsOgCMvLrQeU1ICoCA&ved=0CC8Q6AEwAA#v=onepage&q=%22an%20organ%20of%20the%20state%22%20define&f=false
The issue here is that the Spanish National Court has made erroneous comments in its decision on the status of Tibet, namely it has made reference in its decision to “the country of Tibet” and “the Tibetan nation”. Since it is an organ of the Spanish state, Spain is responsible for the errors.
In 1955, a 10-point Declaration was made by the first large-scale Afro-Asian Conference (also known as the Bandung Conference) and Point 4 states:
“Abstention from intervention or interference in the internal affairs of another country”
This principle is not an invention of the CCP.
****en.wikipedia.org/wiki/Bandung_Conference#Declaration
caractacus
Get lost, you shoe shining CCP lackey.
 
 
 
 
 

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