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Aug 07 2008

got to love lawsuits that have no real meaning

Published by Thomas Chow at 4:40 am under China,International Relations,Law

Frivolous lawsuits.  First in America, then in China, and now in Spain.  Interesting indeed.  The AFP is reporting that Spain’s top criminal court will hear a suit “from Tibetan rights groups that accuses Chinese leaders of genocide in connection with the unrest that erupted in the region in March.”  ( h/t China Digital Times…  Stan Abrams made a passing reference to this as well)  Some of the juicy details:

The lawsuit “denounces the new wave of oppression that began in Tibet on 10th March 2008, and just goes to prove that acts of genocide continue to be committed against the Tibetan people,” the Tibet Support Committee said in a statement issued when it filed the complaint last month.

It also “denounces China’s manipulation of the global war against terrorism in its attempt to justify and cover up crimes against humanity committed against the Tibetan people.”

Other Chinese officials named in the suit were Minister for State Security Geng Huichang, Communist Party Secretary in Tibet Zhang Qingli, Politburo member Wang Lequan, Ethnic Affairs Commission head Li Dezhu, People’s Liberation Army Commander in Lhasa General Tong Guishan and Zhang Guihua, political commissar in the Chengdu military command.

The groups filing the suit were ordered to appear before the court on September 4 and 10.

My thought: shouldn’t this lawsuit be in China?  So what is the basis of the lawsuit to proceed in Spain and not in China, you might be asking:

It was admitted under the principle of “universal competence” adopted by the Spanish judiciary in 2005 and under which Spanish courts can hear cases of genocide and crimes against humanity wherever they occur and whatever the nationality of the defendant.

Spain’s National Court, which handles crimes against humanity and genocide, said it “accepts the competence of Spanish jurisdiction to investigate the reported events.”

Wow, universal standing and/or justiability.  You’ve got to be kidding me.  I mean, really…  what does Spain have to do with alleged Chinese oppression?  Nothing.  So what if the Chinese government decides not to show?  And the Spanish court makes some sort of legal remedies?  Good look enforcing that one.

That has got to be one of the lamer PR stunts I’ve seen before the Olympics comes around.  But it makes for fun news I suppose.  My prediction?  This one is going nowhere…  like other frivolous lawsuits.

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