Uyghur lawyers hail Argentina Court's order for probe into Uyghur genocide by China

Munich [Germany], July 13 : The World Uyghur Congress, Lawyers for Uyghur Rights, and the Uyghur Human Rights Project have celebrated the landmark ruling by the Argentinian Federal Court of Criminal Cassation, reversing a previous decision that blocked a criminal complaint for genocide and crimes against humanity against Uyghur people.
This ruling mandates that the prosecutor open an investigation into the alleged atrocities committed by Chinese state agents, bringing the Uyghurs closer to accountability for the systematic repression and international crimes against them.
The Court of Cassation determined that the Court of Appeal of Buenos Aires had erred in agreeing with the Prosecutor's decision to archive the complaint. As a result, the Prosecutor has been ordered to open an investigation, marking a significant step towards justice for the Uyghur people. This decision mandates that the first instance judge must now commence the investigatory stage of proceedings.
This pivotal moment follows the original filing of the criminal complaint in Buenos Aires on August 16, 2022, under the universal jurisdiction provisions of Article 118 of the Argentinian Constitution. These provisions enable Argentinian courts to hear cases concerning international crimes, regardless of where they occur. Initially, the Prosecutor had archived the complaint, citing ongoing cases in Turkey and France. However, this decision was challenged and ultimately overturned by the Court of Cassation.
The complaint presents substantial evidence of international crimes against the Uyghur people, including forced labour, forced abortions and sterilisations, torture, mass internment, and killings. Supported by expert testimonies and victims' accounts, the case seeks to hold Chinese state agents accountable for these heinous acts.
In addition to reversing the decision to archive the case, the Court of Cassation also overruled the denial of civil party status to the victims. This development allows the victims to participate actively in the investigation, which will be the first of its kind to bring evidence of the atrocities against the Uyghurs before a criminal court.
Once the investigatory stage begins, the judge can indict defendants, issue arrest warrants, and move the case to trial. This decision aligns with Argentina's ongoing efforts in universal jurisdiction cases, which also include investigations into crimes in Colombia, Nicaragua, Venezuela, and Saudi Arabia.
Commenting on the decision, World Uyghur Congress President Dolkun Isa stated, "This decision is encouraging, and a step closer to accountability for Uyghurs. Perpetrators of atrocity crimes should not be allowed to evade prosecution. We are very pleased about the strong stance that the Court has taken."
Uyghur Human Rights Project Executive Director Omer Kanat added, "This news gives new hope to Uyghurs. It sends a strong signal to the Chinese authorities that the perpetrators of crimes against the Uyghur people are not being forgotten."
Barrister Michael Polak, chair of Lawyers for Uyghur Rights, emphasized the importance of this decision in countering impunity for serious crimes based on ethnicity and religion. He noted, "This will be the first opportunity for victims to give firsthand evidence about the torture and abuse they have witnessed and suffered in a criminal court."
"The treatment of the Uyghurs is of a type that we thought had been confined to history and it is important that democratic states around the world renew their calls on China to stop the repression and to show that these types of crimes have consequences for those who commit them," he said.
Gabriel Cavallo of JC Abogados y Asociados highlighted the significance of the ruling for Uyghur victims seeking justice. "The ruling recognises the right of Uyghur victims to access justice in Argentina and paves the way for them to be heard," he stated.
The decision has garnered support from various international legal and human rights organizations, reinforcing the global movement towards universal jurisdiction in addressing crimes against humanity and genocide. This landmark ruling represents a crucial step in the ongoing fight for justice for the Uyghur people and the accountability of those responsible for their suffering.