[DEBATE] : Spanish lawmakers move to curb foreign human rights probes

[Riaz K Tayob]

[Magna Carta here we go...Europe that bastion of democracy!]

Spanish lawmakers move to curb foreign human rights probes - By Agence 
France-Presse
Published: May 19, 2009

The resolution passed in parliament Tuesday with the support of 
lawmakers of the ruling Socialists and the conservative opposition calls 
for an "urgent reform" of the application of this principle to "limit 
and clarify its reach."

Madrid — Spanish lawmakers voted Tuesday in favour of a resolution 
calling for limits be placed on the scope that the country's judges have 
to probe alleged human rights crimes in other countries.

Under the principle of "universal jurisdiction" which Spain has observed 
since 2005, Spanish judges have opened probes into genocide and human 
rights abuses in nations ranging from China to Israel, causing 
diplomatic headaches.

The resolution passed in parliament Tuesday with the support of 
lawmakers of the ruling Socialists and the conservative opposition calls 
for an "urgent reform" of the application of this principle to "limit 
and clarify its reach."

It recommends that the principle only apply to cases where the alleged 
perpetrators of a crime are in Spain or the victims are Spanish.

Spanish judges would also not be allowed to open a probe if the 
authorities in the country where the alleged events took place are 
already investigating it themselves under the proposed changes made in 
the resolution.

The resolution is only a recommendation but it could serve as the basis 
for a future reform of the principle of universal jurisdiction and its 
passage is a sign that there is a political consensus on the need for 
reform.

Spain is only one of a handful of countries that respects the principle 
of universal jurisdiction.

Spain's National Court, the country's top criminal court, currently has 
13 cases open involving genocide or crimes against humanity affecting 
eight countries: China, Israel, the United States, Guatemala, El 
Salvador, Rwanda, Morocco and Germany.

Both China and Israel have recently voiced their displeasure at moves by 
Spanish judges to open probes into what they consider to be internal 
affairs.

Earlier this year the National Court, Spain's top criminal court, issued 
a request to question eight Chinese leaders as official suspects in a 
case of genocide in connection with a crackdown on unrest that erupted 
in Tibet in March 2008.

It also said it was going ahead with a probe into alleged crimes against 
humanity by top Israeli military figures over an air force bombing in 
Gaza in 2002 that killed 15 people despite objections from Spanish 
public prosecutors.

Under pressure from the United States and Israel, Brussels in 2003 
altered a decade-old law of universal jurisdiction, which was similar to 
Spain's, to allow judges to open probes only in cases where there is a 
link to Belgium.

Raw Story » Spanish lawmakers move to curb foreign human rights probes 
(20 May 2009)

http://rawstory.com/08/news/2009/05/19/spanish-lawmakers-move-to-curb-foreign-human-rights-probes/