Geoffrey Nice QC in his introduction describing the extent of torture meted our to Uyghurs and others. Says comparison to the Holocaust “unhelpful” because lack of evidence of mass killing. Also because of the confusion it causes regarding legal thresholds.
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Witness testimony generally accepted by the Tribunal. Some discounted. Two witnesses not relied upon at all, not because they weren’t believed, but because the Tribunal was unable to sufficiently interrogate veracity.
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List of factual findings: - People tortured to screaming - Forced to take medicine affecting reproductive ability and mental health - Forced to take blood samples - Forced abortion/ very late abortion/ infanticide - Intrusive surveillance - People spying on one another
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- Unexplained disappearances - Mass reeducation of children - Forced implantation of IUDs - Imposition of non-Uyghur males in Uyghur homes - Large scale forced labour transfer program - Destruction and desecration of Mosques
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- Appropriation of property by the state - Forced relocation of communities - Intimidation of Uyghurs outside China
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Sir Geoffrey Nice: Sanctions imposed upon the tribunal by the PRC “in no way” affected their deliberations. Now citing various major reports taken into account by the tribunal including
@alisonmcdonald@amnesty@hrw@NewlinesInst and others.Show this thread -
Sir Geoffrey citing
@ASPI_org work which added substantially to the Tribunal’s fact base. Cites a case of a man who was left in a torture chair for three days and nights, “urinating and defecating” - his fellow prisoners unable to assist for fear of enduring the same. He died.Show this thread -
Geoffrey Nice criticising
@amnesty report for failing to interrogate questions surrounding genocide. Suggests Alison MacDonald QC opinion failed to address substantive questions around the law relating to genocide.Show this thread -
Sir Geoffrey extensively citing Vicky Xu
@ASPI_org recent report, outlining its importance in understanding structure of the Communist Party, and interrogating the question of State responsibility.Show this thread -
Now Sir Geoffrey Nice making clear that the work of Etham Gutman has not been relied upon by the Tribunal. Significant. Gutman’s work includes speculation about organ harvesting and crematoria.
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Sir Geoffrey now outlining the importance of the documents leaked to the Tribunal analysed by
@adrianzenz and reviewed by@ReasonablyRagin and@JimMillward Goes on to criticise governments for refusing to participate. Especially the United States, given their determination.Show this thread -
Makes clear that the Tribunal is working to the highest criminal standard: proof beyond reasonable doubt. Sir Geoffrey also explaining the state of mind of perpetrators.
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Returning to the question of whether “there was a plan”. Before the leak, a conclusion had already been reached that a vast operation of state repression could not be possible without authorisation at the highest levels. This conclusion was merely reinforced by the leak.
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Citing the
#XinjiangPapers Sir Geoffrey places responsibility squarely in the lap of Xi Jinping. “Initiated and sustained by the Party Secretary”.Show this thread -
Tribunal “is satisfied” that the policies of repression could not have happened without explicit authorisation “from the very top” Is satisfied: - sexual violence is widespread - circa 16k mosques desecrated - mass torture happening - built an very extensive prison network
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Significant. Tribunal “is satisfied” that the PRC is implementing population optimisation program with the long term aim of reducing the minority population. Biggest hint so far that the Tribunal may reach a genocide determination.
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Overall strategy of population optimising according to Tribunal has three main strands: - population dilution - transfer out of region - reduction of birth rates Hundreds of thousands of people affected at a minimum.
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Brief reference to forced labour - affecting hundreds of thousands. And child separation for the purposes of eradicating Uyghur culture. Now turning to points of law.
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Sir Geoffrey now outlining controversy other whether or not genocide requires mass killing. Lots of stuff about “sociological genocide” - Dr Zwaan’s evidence does not loosen the legal tests, but help to understand how we might understand state intention in context.
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Sir Geoffrey sets out the 11 acts necessary to establish Crimes Against Humanity. The Tribunal is satisfied beyond reasonable doubt that 9 of the 11 are proven beyond reasonable doubt AND that perpetrators knew that this was a systematic attack on Uyghurs.Show this thread
End of conversation
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