Argentinian Court of Appeal Hears Uyghur Repression Case Against China

The Court of Appeal in Buenos Aires recently heard an appeal in a universal jurisdiction case in Argentina, focusing on allegations of repression and crimes against humanity committed against the Uyghur people by the Chinese government.

This case, brought forth by Lawyers for Uyghur Rights, Uyghur Human Rights Project, and the World Uyghur Congress, stemmed from the Prosecutor’s decision to halt proceedings based on misinformation about a purported ongoing case in Turkey, as revealed in a statement by the organization Justice Abroad.

It is noteworthy that this hearing marked the first occasion when the Uyghur case for repression by the Chinese government, encompassing crimes against humanity and genocide, was presented before a criminal court.

The legal proceedings were initiated on August 16, 2022, in Buenos Aires, following a criminal complaint filed under the universal jurisdiction provisions outlined in Article 118 of the Argentinian Constitution.

These provisions empower any court in Argentina to address complaints related to international crimes.

On August 4, the Prosecutor’s decision to stay the case was based on press reports suggesting that victims in Turkey had ‘filed a case.’

Subsequently, on November 14, the victims appealed the investigating Judge’s decision to stay the case, challenging the basis of the Prosecutor’s decision.

During the recent hearing, the argument put forth was that there is no evidence indicating that the facts presented by the victims in Argentina are being considered in Turkey.

Moreover, it was asserted that a case in Turkey could only be initiated by the Minister of Justice, which had not occurred.

Dolkun Isa, President of the World Uyghur Congress, communicated his testimony on the social media platform X, 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.”

Dolkun Isa underscored Argentina’s unique role as a jurisdiction where victims of international crimes could seek justice without political obstacles.

He emphasized that the atrocities against Uyghur victims were rooted in their ethnicity and religion, highlighting that the victims had no active case in Turkish courts.

Dolkun Isa concluded by expressing faith in Argentina’s commitment to the principle of “never again,” motivating the filing of the complaint in that jurisdiction.

This marked the first instance of a Uyghur addressing a court in relation to the international crimes committed against the group.

The victims’ argument found support in an amicus brief submitted by Turkish Constitutional lawyer Ali Yiildiz, outlining that Turkish legal provisions reserve the power to initiate a case related to international crimes to the Justice Minister.

Ali Yiildiz highlighted the absence of evidence supporting such initiation and suggested that it was unlikely due to China and Turkey’s close relationship.

Additional amicus submissions were made by the International Bar Association’s Human Rights Institute, represented by Ewelina Ochab and Argentinian lawyer Roberto Durrieu, and Italian international justice NGO STRALI, represented by President Benedetta Perego and Head of the Department of International Criminal Law Tomas Manguel.

Earlier, the University of Notre Dame’s Religious Liberty Initiative had submitted an amicus brief, drafted by Lord Alton, Ambassador Sam Brownback, Ambassador Kelley E Currie, Nury Turkel, and Frank Wolf, supporting the case.

The legal representation for the World Uyghur Congress (WUC) and Uyghur Human Rights Project (UHRP) included international law barrister Michael Polak, Director of Justice Abroad and chair of Lawyers for Uyghur Rights, along with Argentinian lawyers Gabriel Cavallo and Juan Nieto, known for their experience in seeking justice for victims of international crimes in Argentina.

The legal team expressed optimism that the Court of Appeal would determine that there are no active cases concerning the victim’s complaint and would order the reopening of the case, given the Prosecutor’s earlier decision acknowledging prima facie evidence of crimes against humanity and genocide.

During the hearing, barrister Michael Polak emphasized that Dolkun Isa’s statement to the court marked the first time a Uyghur had addressed a criminal court regarding the severe persecution of the Uyghur people.

He urged the Argentine courts to uphold the principle of “never again” and stand firmly for justice and accountability. Polak expressed hope that the Appeals Court would affirm that no open cases exist, leading to the reopening of the case.

He stated, “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.”

Dolkun Isa, President of the World Uyghur Congress, termed December 21 as an important day in the history of accountability for Uyghurs, highlighting the significance of two Uyghurs addressing a criminal court for the first time in relation to the ongoing genocide in East Turkistan. He expressed gratitude for this initial step towards seeking justice.

Omer Kanat, Executive Director of the Uyghur Human Rights Project (UHRP), asserted that Uyghurs deserve to have their case heard in court, and the recent hearing represented another step towards that outcome.

Omer Kanat emphasized that ongoing cases demonstrate that regimes responsible for atrocity crimes cannot evade accountability, even if some parts of the international community are unwilling to examine the evidence.

National courts, play a crucial role in adjudicating these atrocity crimes, he added.