Buenos Aires [Argentina]: The Court of Appeal in Buenos Aires, heard an appeal in the universal jurisdiction case in Argentina regarding repression and crimes against humanity committed against the Uyghur people by the Chinese government.
The case was filed by Lawyers for Uyghur Rights, Uyghur Human Rights Project and the World Uyghur Congress, following the Prosecutor’s errant decision to stay the case after wrongly believing there was an ongoing case in Turkey, a release by the organisation Justice Abroad stated.
Notably, the hearing was the first time that the Uyghur’s case for repression by the Chinese government, including crimes against humanity and genocide, came before a criminal court.
The hearing follows the filing on August 16, 2022, of a criminal complaint in Buenos Aires, under the universal jurisdiction provisions, as set out in Article 118 of the Argentinian Constitution, which allow complaints concerning international crimes to be tried by any Court in Argentina.
On August 4, 2023, the Prosecutor delivered a decision that due to press reports of victims in Turkey ‘filing a case’ through their lawyer in Turkey, the case in Argentina should be stayed. On November 14, 2023, the victims in the case submitted an appeal of the decision taken by the investigating Judge based on the Prosecutor’s decision, to stay the case, the release stated.
At the hearing on Thursday, it was argued that there is “no evidence that the facts put forward by the victims in the case before the courts of Argentina are being considered in Turkey and that a case in Turkey can only be started by the Minster of Justice and that this has not happened there”.
Dolkin Isa, President of the World Uyghur Congress took to social media platform X (formerly Twitter), stating, “I testified at the Court of Appeal Hearing Takes Place on 21 December 2023 in Universal Jurisdiction Case in Argentina for Genocide and Crimes against Humanity against the Uyghur People”.
In his opening statement set out the unique status of Argentina as a place where the victims of international crimes could seek justice against dictatorial regimes without political impediments.
He said that the terrible atrocities that have been committed against Uyghur victims are based on their ethnicity and religion, and the fact that the victims in this case do not have a case before the Courts in Turkey.
He finished his opening statement by stating, “When the people and judiciary of Argentina say never again, we believe them. That is why we filed a complaint, and why we did so in Argentina”.
According to the release, this was the first time a Uyghur had addressed a Court in relation to the international crimes being committed against this group.
The victims’ argument was supported by an amicus brief submitted by Turkish Constitutional lawyer Ali Yiildiz who explained that Turkish legal provisions mean that only the Justice Minister has the power to bring a case in relation to international crimes such as crimes against humanity and genocide, that there was no evidence that that had been done, and that it was highly likely that this would never take place because of the close relationship between China and Tukey.
Amicus submissions supporting the opening of the case were also submitted on behalf of the International Bar Association’s Human Rights Institute by Ewelina Ochab with Argentinian lawyer Roberto Durrieu, and Italian international justice NGO STRALI by President, Benedetta Perego, and Head of the Department of International Criminal Law, Tomas Manguel.
Previously, the University of Notre Dame’s Religious Liberty Initiative submitted an amicus brief drafted by Lord Alton, a British politician and human rights advocate; Ambassador Sam Brownback, former US Ambassador at Large for International Religious Freedom; Ambassador Kelley E Currie, a human rights lawyer who formerly served as the US Ambassador-at-Large for Global Women’s Issues; Nury Turkel, a Uyghur American human rights advocate and Commissioner of the US Commission on International Religious Freedom; and Frank Wolf, author of the International Religious Freedom Act of 1998 and a Commissioner for USCIRF.
The lawyers acting for the WUC and UHRP are international law barrister Michael Polak, Director of Justice Abroad and chair of Lawyer for Uyghur Rights and esteemed Argentinian lawyers Gabriel Cavallo and Juan Nieto who have experience providing justice for the victims of international crimes before the Courts of Argentina.
They affirmed hope that the Court of Appeal will hold that there are no open cases about the victim’s complaint and order the opening of the case following a previous decision by the Prosecutor that the complaint sets out prima facie evidence of crimes against humanity and genocide.
During the hearing, barrister Michael Polak said, “When Dolkun Isa made his statement to the Court, this was the first time that a Uyghur has addressed a criminal court about the extreme persecution of the Uyghur people. He called on the courts of Argentina to remember the promise of nunca mas, never again, and to stand strongly for justice and accountability”.
He further affirmed hope that the Appeals Court will find that there are no open cases about this matter and order the opening of the case.
“This would be in accordance with the expert evidence placed before the Court, as well as the previous decision of the prosecutor that the complaint contains prima facie evidence about the commission of the international crimes of genocide and crimes against humanity,” he said.
He added, “The journey towards justice has been very slow and difficult for the Uyghur people, however, we hope that the decision we await for in this case will be one step in the right direction and a message to states and their officials that they cannot enjoy impunity for the most serious crimes through their power and influence”.
World Uyghur Congress President, Dolkun Isa called December 21 as an important day in the history of accountability for Uyghurs.
“Today was an important day in the history of accountability for Uyghurs. Two Uyghurs addressed a criminal court for the first time in relation to the ongoing genocide in East Turkistan. We have been seeking justice and liability for so long, and today’s hearing was the first step towards these goals,” he stated.
Executive Director of the Uyghur Human Rights Project (UHRP) Omer Kanat said that Uyghurs deserve to have their case heard in court–today was another step towards that outcome.
“Our ongoing case demonstrates that there is nowhere to hide for regimes responsible for atrocity crimes. If some parts of the international community are unwilling to look at the evidence, it will continue to be up to national courts to adjudicate these atrocity crimes,” he added.
