Facts
Since at least 2014, the Chinese government has engaged in what it describes as a campaign to combat terrorist threats in Xinjiang province, which it has linked to “extremism” and separatism in the province. This campaign has primarily targeted the Uyghur ethnic group and other predominantly Muslim communities, who have been subjected to large-scale arrests and detention in so-called “re-education” camps, where cultural and religious persecution, torture and other forms of ill-treatment, including forced labor, sexual violence and violations of reproductive rights, are reported to have taken place.
In 2022, the Office of the United Nations High Commissioner for Human Rights concluded that serious human rights violations have been committed against Uyghur and other predominantly Muslim communities in Xinjiang, which may amount to crimes against humanity.
Procedure
In August 2022, a complaint involving allegations of genocide and crimes against humanity against unknown members of the Chinese authorities was filed in Buenos Aires by lawyers acting on behalf of the World Uyghur Congress, the Uyghur Human Rights Project and Lawyers for Uyghur Rights. This complaint was dismissed by the prosecutor on the basis of reports of a similar complaint filed by Uyghur victims in Türkiye.
In December 2023, the Court of Appeal of Buenos Aires rejected an appeal by the victims against the prosecutor’s decision to dismiss the case.
On 11 July 2024, the Argentinian Federal Court of Cassation overturned the decision of the Court of Appeal, finding that it had been wrong to agree with the prosecutor’s decision to dismiss the complaint. The Court of Cassation therefore ordered the prosecutor to open an investigation and granted the victims civil party status, enabling them to participate in the proceedings.
Following the decision of the Court of Cassation, the case was remitted to the Court of Appeal. However, the Court of Appeal refused to re-open the investigation. In November 2024, the plaintiffs requested a further ruling from the Court of Cassation to re-open the investigation.
On 18 June 2025, the Court of Cassation ruled in favor of the plaintiffs. The Court of Cassation held that there are no legal impediments to the opening of the case, that the case should be opened, and ordered that a new constitution of judges of the Federal Court of Appeal be convened in order to implement their ruling.