Statement by the Tibetan National Congress on Hu Jintao’s indictment/ENG

2013. október 16./ITN/TibetPress

In a rare moment of sunshine in these dark days, with Tibet deeply immersed in the heart-wrenching images of the self-immolations spurred on by the brutal Chinese occupation, and the exile Tibetans anguished in our inability to assist them, the Spanish National Court provided a great moment of triumph and indicted Hu Jintao for the crime of Genocide against the people and the country of Tibet.

There was tremendous pressure asserted on the small group of people working on this lawsuit, from both within the country of Spain and from international forces to either abandon this venture altogether or to throw the case out of court on technicalities. But they persisted against overwhelming odds and pulled off one of the biggest triumphs in recent international legal history. This victory in the Spanish National Court proves that there are some courts in the civilized world which refuse to be intimidated or stand aside while innocents are oppressed.

This victory did not come overnight. This has been a lonely fight for almost twenty years carried on by CAT (Comité de Apoyo al Tíbet). One staunch advocate for this lawsuit, Claude B. Levenson has even passed away, sadly unable to witness this tremendous legal victory. In the words of Professor José Elías Esteve Moltó of CAT, “We wish to dedicate this judicial success not only to the victims, but also to the thousands of ‘freedom fighters’ and to the memory of all those who self-immolated in and outside Tibet, and those who risk their lives and their freedom in the face of the passivity of the international community whose silence is an accomplice to the genocide. Their sense of justice and their determination for truth is enshrined in this judicial battle that believes in these values in a nonviolent manner.”

And this is more than a symbolic victory by CAT and co-plaintiffs Ven. Thubten Wangchen and Fundacion Casa del Tíbet Barcelona. The judicial ruling recognizes that this genocide is against the “country” of Tibet. Hu Jintao and others indicted by the Spanish National Court can now be arrested and made to answer for their crimes if they set foot in Spain or the multitude of countries with extradition treaties with Spain. Even without their physical presence, the Spanish court can now try to preventively freeze their international assets. China is looking for validation and acceptance into the civilized world; it is a crushing blow to their pride when, because of the Chinese occupation of Tibet, their top officials are indicted for the worst crimes a human being can commit. Moreover, most leaders, however delusional they might be in reality, do care about their legacy and this sets a precedent where future strong-men in China will have to reconsider their actions. This is also etched in history, in legal terms, that they are international criminals and as such history will remember them in just and equitable terms.

The most imperative thing that came out of this victory is that this small group of dedicated citizens of Spain has taught us a lesson in courage and resilience; one must stand up and raise your voice against tyranny and oppression no matter the obstacles or the outcome. The victory is the simple act of standing up, refusing to accept crimes against humanity, and speaking out against those who perpetuate such horrendous crimes. It is also the act of seeking justice no matter the duration of the crime and acknowledging the pain and suffering of an entire people and nation. In the words of Alan Cantos of CAT, this success “proves that, even in the worst conditions, the truth surfaces. And the truth surfaces though a very meticulous and slow process of hammering with rigorous information, rigorous experts, rigorous witnesses, and just keep on feeding that truth into the courtroom, not just into the media and shelves.”
Tibetan National Congress wishes to thank all the amazing people involved in this project for their hard work and unrelenting pursuit of justice against all odds, and in particular Professor Esteve and Alan Cantos of CAT. We support their legal endeavor without any reservations.
Therefore, Tibetan National Congress hereby passes a resolution endorsing:

the legal action against Hu Jintao and his cohorts in the Spanish National Court;

the private member’s resolution in the Tibetan Parliament-in-exile, Agenda to be Considered:Document 37, sponsored by MP Dhardon Sharling and MP Atuk Tsetan on September 25th, 2013; and

the call by DIIR Kalon Dicki Chhoyang on September 25th, 2013 for all Tibet Support Groups to pursue similar legal actions against the self-same international criminals in any and all national or international courts which abide by principles of universal jurisdiction.
On behalf of the people of Tibet, whose voices still remained trapped within walls of brick and iron, we thank the Spanish legal team for their labor of love for all of humanity. May the sun shine brightly once again in the Land of Snows, and may we all live to welcome His Holiness the 14th Dalai Lama back to his land and his people, in an independent Tibet.
Bhod Gyalo!

Jigme Ugen
President