Argentinian Court Orders Investigation into Uyghur Genocide Claims

The Argentinian Federal Court of Criminal Cassation has overturned a prior decision and mandated an investigation into genocide and crimes against humanity against Uyghurs. This marks a significant step toward justice, allowing victims to actively participate in the process and hold Chinese state agents accountable for alleged atrocities.

The Argentinian Federal Court of Criminal Cassation has reversed a previous decision to block a criminal complaint alleging genocide and crimes against humanity against the Uyghur people, marking a pivotal moment in the fight for accountability. The court's ruling mandates that the prosecutor initiate an investigation into the purported atrocities committed by Chinese state agents.

The court determined that the Buenos Aires Court of Appeal erred in supporting the Prosecutor's decision to archive the complaint. Consequently, the Prosecutor has been instructed to open an investigation, a critical step towards justice for the Uyghurs. This decision follows the original filing of the complaint on August 16, 2022, under the universal jurisdiction provisions of Article 118 of the Argentinian Constitution. Initially, the Prosecutor had archived the complaint citing ongoing cases in Turkey and France, but this decision was overturned.

The complaint includes substantial evidence of international crimes such as forced labor, forced abortions and sterilizations, torture, mass internment, and killings. Supported by expert testimonies and victims' accounts, the case aims to hold Chinese state agents accountable. The Court of Cassation also granted the victims civil party status, allowing them to participate in the investigation actively.

With the investigatory stage set to begin, the judge can now indict defendants, issue arrest warrants, and move the case to trial. This aligns with Argentina's broader efforts in universal jurisdiction cases, which also cover crimes in Colombia, Nicaragua, Venezuela, and Saudi Arabia. World Uyghur Congress President Dolkun Isa called the decision a step closer to accountability, emphasizing that perpetrators of atrocity crimes should not evade prosecution.

Uyghur Human Rights Project Executive Director Omer Kanat said the news brings new hope to Uyghurs and sends a strong signal to Chinese authorities. Barrister Michael Polak, chair of Lawyers for Uyghur Rights, stressed the decision's importance in countering impunity based on ethnicity and religion, noting it as the first opportunity for victims to provide firsthand evidence in a criminal court.

Gabriel Cavallo of JC Abogados y Asociados highlighted the ruling's significance for Uyghur victims seeking justice, stating it recognizes their right to access justice in Argentina. The decision has garnered international support, reinforcing the global movement towards addressing crimes against humanity and genocide through universal jurisdiction.

(With inputs from agencies.)