The prosecution has opened an investigation against CAF for its involvement in the construction of the Jerusalem tram
Several civil society organizations have filed a complaint with the Public Prosecutor's Office against the board of directors of CAF and the directors of the six subsidiaries, and the case has been requested by the National High Court.
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The Spanish Public Prosecutor's Office is investigating a complaint against the Basque railway company Construcciones y Auxiliario de Ferrocarriles (CAF) for its involvement in the construction and maintenance of the Lightweight Train in Ermua.
According to sources from the Attorney-General's Office, the complaint was filed on 18 February with the Human Rights Unit by six organizations, including the NOVACT and the Palestinian Community of Catalonia. After analysing the complaint, the Public Prosecutor's Office decided last year to include it in the pre-trial investigation proceedings before the National High Court on alleged violations of international law.
The complaint alleges to the directors of the CAF the involvement in war crimes . Specifically, it mentions the Board of Directors and those responsible for certain subsidiaries for contributing to the relocation of the population to the occupied territory and the maintenance of segregation practices, which are punishable by 10 to 15 years' imprisonment.
Moreover, the institutions maintain that the activity of the enterprise may violate the Fourth Geneva Convention of 1949, which prohibits the occupying Power from transferring its population to occupied territory.
According to the complaint, the railway project connects and strengthens the occupied settlements in East Jerusalem. The CAF has been involved since 2019 in the expansion of the Red Line and the construction of the Green Tram Line du, both with 22 kilometres of routes. According to the reporting organizations, most of the route serves Israeli settlements, while the Palestinian neighbourhoods have a small number of stations.
The company also supplies trains, signalling systems, power and communications, and participates in line operation and maintenance with the Israeli company Shapir.
The Public Prosecutor's Office recalls that Espainia has an obligation to cooperate with international courts. In this regard, it has stressed that proceedings in the International Court of Justice and the Prosecutor's Office of the International Criminal Court concerning the situation in Israel and Gaza are open.
The reporting institutions consider that, even if the facts occurred outside the State, CAF is subject to Spanish jurisdiction because its headquarters and strategic decisions are in Spain.
The consortium formed by CAF and the Israeli company Shapir received the award of the railway project development contract in 2019, a decision that has since aroused criticism from social organizations, political representatives and international organizations.
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