Argentina “is authorized to continue with the investigation even if the events occurred in Myanmar by virtue of the reception of the principle of universal jurisdiction that has been constitutionally enshrined,” said the resolution of Chamber 1 of the Federal Criminal and Correctional Chamber.
The decision of the Chamber revokes a ruling of first instance of the Argentine judge Maria Servini de Cubría that he had rejected the request to open an investigation.
The case had been received at the end of 2019 by the Argentine courts after a presentation by Maung Tun Khin, president of the Burmese Rohingya Organisation UK (BROUK) based in the United Kingdom.
“The investigation and / or eventual prosecution of this type of crime is the primary responsibility of the States,” argued the judges.
Six Rohingya women from Burma, refugees in Bangladesh, participated last August in a virtual hearing before the Argentine Appeals Chamber that decided to deal with their complaints.
One of the complainants stated that all “they had been sexually assaulted and that a large part of their relatives had died as a result of the repression suffered” on August 27, 2017, the court recalled.
The Argentine justice has already accepted other cases in attention to international jurisdiction, in particular for crimes of the Spanish Franco regime.
Some 750,000 Rohingya fled the Burmese state of Rakhine (west) in August 2017, following an army crackdown in the Buddhist-majority country.
The International Court of Justice and the International Criminal Court are also investigating Burmese leaders for violations of the human rights of the Rohingya.
Source From: Ambito
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