On July 11, 2024, the Argentinian Federal Court of Criminal Cassation issued a decision regarding a criminal complaint filed by the Uyghur Human Rights Project, World Uyghur Congress, and Lawyers for Uyghur Rights. The complaint alleges genocide and crimes against humanity. 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 and ordered an investigation to be opened. This ruling mandates that the first instance judge initiate the investigatory stage of proceedings.
This decision marks a significant moment for the Uyghurs, bringing them closer to seeking justice for alleged international crimes committed by Chinese state agents as part of systematic repression in the Uyghur Region.
The case was initially filed on August 16, 2022, under universal jurisdiction provisions in Article 118 of the Argentinian Constitution. These provisions allow for international crimes to be tried by any court in Argentina regardless of where they occur globally. The Prosecutor had previously decided to archive the complaint due to ongoing legal actions in Turkey and France. This led to an appeal before the Court of Appeal in Buenos Aires on December 21, 2023, which sided with the Prosecutor's decision. However, this decision was overturned by the Court of Cassation on July 11, 2024.
The criminal complaint includes evidence of forced labor, forced abortion and sterilization, torture, mass internment in camps, and killings against Uyghurs. It is supported by expert evidence and testimonies from victims who escaped China. The complaint was filed by World Uyghur Congress (WUC), Uyghur Human Rights Project (UHRP), and Lawyers for Uyghur Rights.
In addition to overturning the archiving decision, the Court of Cassation also overruled the denial of civil party status for victims. Once opened by the Court of First Instance, victims will be called to give evidence during the investigatory stage. This could lead to indictments, arrest warrants, and trials.
Similar cases have seen prosecutors request arrest warrants for high-ranking military commanders in other jurisdictions like Burma. Argentina currently has universal jurisdiction cases open concerning crimes committed in Colombia, Nicaragua, Venezuela, and Saudi Arabia.
The legal team representing WUC and UHRP includes international law barrister Michael Polak; Gabriel Cavallo; and Juan Nieto.
World Uyghur Congress President Dolkun Isa commented: "This decision is encouraging and a step closer to accountability for Uyghurs."
Uyghur Human Rights Project Executive Director Omer Kanat stated: "This news gives new hope to Uyghurs."
Barrister Michael Polak added: "This is a monumental decision in countering impunity for serious crimes based on ethnicity and religion."
Gabriel Cavallo emphasized: "The ruling recognizes the right of Uyghur victims to access justice in Argentina."
The case has garnered support through amicus briefs from various international legal experts and organizations.
For further comments or information on this case contact Justice Abroad at contact@justiceabroad.co.uk or call +44 020 7936 3637 or +44 741 519 1591.
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