ALI YILDIZ LEGAL 
Ali Yildiz Submits Amicus Curiae in Landmark Universal Jurisdiction Case in Argentina
| On 21 December 2023, the Court of Appeal in Buenos Aires, Argentina, held a hearing in a pivotal universal jurisdiction case, originally initiated by the Lawyers for Uyghur Rights, the Uyghur Human Rights Project, and the World Uyghur Congress. The appeal was necessitated by the Prosecutor’s decision to stay the case, stemming from a mistaken belief that a concurrent case was ongoing in Turkey. This case has its origins on 16 August 2022, when a criminal complaint was lodged in Buenos Aires under the universal jurisdiction provisions of Article 118 of the Argentinian Constitution. This article empowers any court in Argentina to adjudicate complaints related to international crimes. The case encountered a hurdle on 4 August 2023. Influenced by press reports about victims in Turkey filing a case through their lawyer, the Prosecutor decided to suspend the proceedings in Argentina. Consequently, on 14 November 2023, the victims filed an appeal against the decision taken by the investigating Judge, which was based on the Prosecutor’s earlier decision. At the hearing on 21 December 2023, the arguments presented highlighted the absence of evidence that the facts brought forward by the victims in Argentina were under consideration in Turkey. It was emphasized that in Turkey, initiation of such a case requires action by the Minister of Justice, which had not taken place. In this context, Ali Yildiz submitted an amicus curiae, offering vital legal insight. He clarified that under Turkish legal framework, a universal jurisdiction investigation can commence only upon the explicit request of the Justice Minister. Yildiz argued that submissions by victims lack the authority to initiate such investigations in matters of international crimes, including crimes against humanity and genocide. Additionally, his opinion underscored the unlikelihood of such an investigation being undertaken in Turkey, given the close ties between China and Turkey. The hearing also featured amicus submissions from other distinguished figures and organizations advocating for the reopening of the case. These included the International Bar Association’s Human Rights Institute, the Italian international justice NGO STRALI, and an amicus brief from the University of Notre Dame’s Religious Liberty Initiative. |