Uyghur Criminal Complaint in Argentina
The World Uyghur Congress and the Uyghur Human Rights Project are launching a criminal case in the courts of Argentina on 16 August 2022 in relation to the international crimes of Genocide and Crimes against Humanity being committed against the Uyghur people.
The lawyers acting for the WUC and UHRP include international law barrister Michael Polak, Director of Justice Abroad and chair of Lawyer for Uyghur Rights and well-regarded Argentinian lawyers Gabriel Cavallo and Juan Nieto who have experience providing justice for the victims of international crimes before the Courts of Argentina both as members of the judiciary and as lawyers
What's currently happening to the Uyghurs?
There is strong evidence from a number of sources that the Chinese authorities are committing genocide and crimes against humanity against the Uyghur population and other mostly Muslim Turkic ethnic groups in the north-western region.
Human rights groups believe China has detained more than one million Uyghurs against their will over the past few years in a large network of what the state calls "re-education camps” and has sentenced hundreds of thousands to arbitrary prison terms despite there being no evidence that they have committed any crimes. There is also evidence that Uyghurs are being used as forced labour and of Uyghur women are being forcibly sterilised or subjected to abortions. Former camp detainees state that they were tortured and sexually abused. Uyghur children are being removed from their parents and forbidden from learning the Uyghur language.
Numerous Parliaments around the world have held that genocide is taking place against the Uyghurs but despite this, the intense repression of the Uyghurs continues.
Why is the case being launched in Argentina?
The case is being launched in Argentina for the practical reason that under Article 118 of the Argentina constitution, the criminal courts of Argentina can investigate and try international crimes such as genocide and crimes against humanity. The provision also means that there does not need to be any connection to Argentina or have Argentinean perpetrators/victims for jurisdiction to be applicable.
This provision has thus been used to investigate crimes against humanity and possible genocide committed by Francisco Franco in Spain, the Falun Gong movement in China and the Rohingya Muslims in Myanmar in 2021.
Recently, the Argentinian appeal court ordered an investigation (https://www.theguardian.com/world/2021/nov/29/argentina-court-myanmar-war-crimes-rohingya) into the atrocities committed against the Rohingya people.
Thus, there is precedent for using Argentina to base cases of this kind within.
What is the Process before the Argentinean courts?
From the submission to the Argentinean courts, there is a series of steps which could follow. Firstly, the submission of the complaint will be issued to one of twelve federal judges in the City of Buenos Aires. This will take place on 16 August 2022.
The judge will then carry out a preliminary investigation assisted by a prosecutor. They will then decide whether to open the case. Given the strong evidence of international crimes being committed against the Uyghurs by the Chinese authorities, we expect that a case will be opened.
If an investigation is opened, this will be a historic moment for the Uyghur people in their fight against the repression of their people as an objective judge will carry out an intensive investigation into the situation in the Uyghur Region and the international crimes being committed against the Uyghurs because of their religion and ethnicity. Further, evidence will be submitted to be considered by the Court and the witness may be asked to give evidence to the Court in the criminal proceedings, the first time that this has happened!!
We need you!
The World Uyghur Congress (WUC) and the Uyghur Human Rights Project (UHRP) have assembled a top team of international and Argentinian lawyers who have experience in seeking justice for those subject to the most horrendous crimes around the world. Funding will also be needed to bring witness to Argentina.
Please donate and be a part of this historical case.
Donations can be made here https://www.crowdjustice.com/case/uyghur-case-argentina/
Further Information
For further information about the case or for any media requests please contact Michael Polak by email on contact@justiceabroad.co.uk
Those involved
World Uyghur Congress (“WUC”)
The World Uyghur Congress (WUC) is an international democratic organisation that represents the collective interest of the Uyghur people both in East Turkistan and abroad. The main objective of the WUC is to promote democracy, human rights and freedom for the Uyghur people and use peaceful, nonviolent, and democratic means to determine their political future.
What is the Uyghur Human Rights Project?
Uyghur Human Rights Project (UHRP) promotes the rights of the Uyghurs and other Turkic Muslim peoples in East Turkistan, through research-based advocacy. UHRP was founded in 2004 as a project of the Uyghur American Association and became an independent non-profit organization in 2016.