Appeal by Uyghur Group Successful in NCA’s Decision to Investigate Cotton Imports Linked to Slave Labour
The Court of Appeal has overturned the National Crime Agency’s (NCA’s) decision not to investigate cotton imports potentially linked to Uyghur slave labor in China, stating that the reasons for the decision were “legally incorrect.” Therefore, the NCA must now reassess whether to conduct an investigation under the Proceeds of Crime Act (POCA) 2002.
The judgment, delivered by Lady Chief Justice Baroness Carr of Walton-on-the-Hill, Lord Justice Bean, and Lady Justice Andrews, upheld the argument that the High Court failed to properly address the challenge presented by the World Uyghur Congress (WUC) and that the NCA’s decision implied that an investigation could not proceed without specific criminal property and conduct being identified, which is now acknowledged as legally incorrect.
Rahima Mahmut, U.K. director of the WUC and executive director of Stop Uyghur Genocide, expressed relief and called it a “historic victory and a moral triumph.”
The legal battle began in 2021 when the Government Legal Department informed the WUC that the NCA had declined to investigate cotton imports from China. This decision was based on the belief that no POCA offense could be established unless a specific consignment of goods was identified as criminal property.
The WUC challenged this refusal, arguing that authorities should proactively investigate suspected criminal activities rather than waiting for reactive evidence.
The appeal case highlighted the flaw in the NCA’s approach, stating that investigations should not be contingent on the prior identification of criminal property, as the purpose of an investigation is to uncover such evidence.
The court also recognized the significant body of evidence indicating the presence of Uyghur forced labor in Xinjiang, China, where cotton products are sourced, and the potential criminality under POCA.
Ultimately, the Court of Appeal found that the High Court failed to address the central question of whether the NCA’s reasoning amounted to a misdirection of the law, leading to the decision being overturned.
In response to the court’s ruling, Ms. Mahmut emphasized the importance of holding China accountable for human rights abuses, and called for stronger legislative measures from the UK government.
The NCA is currently reviewing the judgment and considering its next steps following the Court of Appeal’s decision.
