The Office of the Prosecutor of the International Criminal Court (ICC) has redirected to the Spanish Justice the complaint – advanced by OKDIARIO last June – presented by the Spanish Association of Victims and People Affected by Covid-19 against the Government of Pedro Sanchez for a crime of “genocide” of 50,000 people during the coronavirus pandemic.
As OKDIARIO has learned, the Hague Prosecutor’s Office maintains that “there is no basis at this time to proceed” in this regard “since the accusations seem be outside the jurisdiction of the Court ». Hence, he urges this association of victims, which came in the first place and directly to this Court, to bring your complaint to the Spanish Justice.
«The International Criminal Court is designed to complement, do not replace, national jurisdictions. Therefore, if you want to continue with this matter, you can consider raising it with the corresponding national or international authorities, “says the Office of the Prosecutor of the International Criminal Court in a communication to said association.
The Office of the Prosecutor maintains that the ICC “can only exercise jurisdiction over persons for the most serious crimes that concern the international community as a whole, namely genocide, crimes against humanity and war crimes ”, assumptions that are defined in the Rome Statute, he adds. In this context, the Prosecutor’s Officer considers that “according to the information currently available, the conduct described in her complaint does not appear to fall within these strict definitions.”
“Can be reconsidered”
However, the Prosecutor’s Office indicates to the Spanish Association of Victims and People Affected by Covid-19 that the information collected in the complaint “will be kept in our files”, so that “the decision not to proceed can be reconsidered whether new facts or evidence they provide a reasonable basis for believing that a crime has been committed within the jurisdiction of the Court ”, that is, within its scope.
“I hope you understand that with the defined jurisdiction of the Court, many serious complaints they will be beyond the reach of this institution to deal with them, “admits the Prosecutor’s Office, thus being aware and recognizing the seriousness of the events denounced by the aforementioned association.
The complaint accuses the Government of Pedro Sánchez, as reported by OKDIARIO in June, of crimes of genocide and against humanity for violating the Articles 6.c and 7.1.k of the Rome Statute of the International Criminal Court. The first of these precepts understands genocide as the “intentional subjugation of the group to conditions of existence that will lead to its total or partial physical destruction.”
For the lawyer of the Spanish Association of Victims and People Affected by Covid-19, with the decisions taken by the President of the Government as sole command, “part of the population was subjected to measures that led to their death (lack of respirators, care medical, etc). All this demonstrated with reliable evidence », he emphasizes.
Regarding the other precept, the one that refers to “inhuman acts of a similar nature that intentionally cause great sufferings or seriously threaten the physical integrity or mental or physical health of the population “, the lawyer highlights the incompetence of the Spanish Executive in managing the pandemic compared to other European countries such as Greece and Portugal, where the death toll has been substantially minor.
“It is not impartial”
From here, the lawyer for the Spanish Association of Victims and People Affected by Covid-19 will indicate to the Public Prosecutor’s Office in The Hague that “our national jurisdiction is flawed by the Executive; not in vain the State Attorney General has been part of that same government. He thus refers to the former socialist minister Dolores Delgado, questioned in the last hours after the Public Ministry has asked the Supreme Court not to admit for processing the complaints filed against the Government by professional unions, consumer associations, relatives of coronavirus victims and the Vox political party.
According to the lawyer of the Spanish Association of Victims and People Affected by Covid-19, the complaint of this platform cannot be settled in Spain because the jurisdiction here “It is not impartial, nor equitable, nor fair”. In this way, it regrets that “the principle of legal certainty is not being met, nor is the right to effective judicial protection respected,” among others. Therefore, he plans to request the Hague Prosecutor’s Office to indicate which other international organization to contact if the International Criminal Court maintains its position of not proceeding in this regard.
In relation to the intentionality required by the criminal type of genocide, the complaint is based on the fact that Sánchez has had an “indirect intention” here insofar as his Government was aware of the rapid spread and virulence of the coronavirus, especially among people older, and no took the necessary measures in time to alleviate the deadly effects of the disease.
The prosecution considers that the commission of “errors” admitted by the head of the Social-Communist Executive, attributed to the “urgency of the times and the shortage of resources” does not exonerate the Government, but on the contrary, such rulings have had “some consequences serious “that must be criminally settled, also including” reckless homicide. “