US obligation to protect Camp Ashraf (Ashraf City) residents

Date: 2008-11-14
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Published by: NCPDA

Call on the UN Secretary General to ensure the safety of Camp Ashraf (Ashraf City) residents




(Media-Newswire.com) - Unable to break the spirit of Mr.Abdolreza Rajabi, an Iranian Kurdish member of the main Iranian democratic opposition, the People Mujahedin Organization of Iran (PMOI/MEK) since his arrest in 2001, the mullahs' henchmen in Tehran finally tortured him to death on October 30.

According to his two sons and a daughter now resident of Camp Ashraf (Ashraf City) in Iraq, he had emphasized to them to go to Ashraf, so that they can resist and persist on his beliefs for a democratic and free Iran.

“Today is DAY 63 0f the Sit-In by the families and friends of the Iranian opposition members residing in Camp Ashraf, across from the United Nations Headquarters in New York”, Said Nasser Rashidi, a pro democracy and human rights activist with the National Coalition of Pro-Democracy Advocates (NCPDA), “these Iranian Americans are gravely concerned about the prevailing conditions which threaten the lives of their loved ones in Camp Ashraf, who are recognized as “protected persons” under the Fourth Geneva Convention. They fear a looming humanitarian disaster in Iraq for multitude of reasons, all of them related to Iran’s efforts to eliminate the dissidents in Ashraf.”

Nasser Rahidi who works also as the Senior Congressional Liaison for NCPDA Said, “Mr. Abdolreza Rajabi’s death under torture in Iran is a clear indication that if his children, now in Camp Ashraf, like all of Camp Ashraf residents are returned to Iran, their lives would be in jeopardy.”

“Over the past five years, the Iranian regime has resorted to every means to destroy the PMOI/MEK, including kidnapping PMOI/MEK members, firing missiles at Ashraf, blowing up Ashraf’s water pumping station and taking advantage of the Iraqi government to exert pressure on the PMOI/MEK”, Rashidi said

On October 2, 2008, the Parliamentary Assembly of the Council of Europe warned against transferring the protection of Ashraf which “violates the principle of non-refoulement, the Fourth Geneva Convention, the Refugee Convention, the Convention against Torture, IHL and International Law and would result in a humanitarian catastrophe.” The statement urged “U.S. forces for as long as they remain in Iraq to continue to protect Ashraf residents and uphold their judicial protection under international law.” Additionally, on September 08, 2008, International Federation of Human Rights expressed concern regarding the threats posed to Ashraf residents.

Throughout its stay in Iraq, the organization operated completely independently and its bases were never under the authority of the Iraqi government. These bases have enjoyed the same legal status as foreign embassies. In his report to the UNSC on December 15, 1998, the chief executive of the UN special commission UNSCOM wrote: "The site of this facility was declared as being not under the authority of Iraq".

The PMOI/MEK remained neutral during the war in Iraq in 2003. In July 2004, the Multi-National Force-Iraq recognized the PMOI/MEK members in Iraq as “protected persons” under the Fourth Geneva Convention. Subsequently, the United States undertook the protection of members of the PMOI/MEK residing in Ashraf.

In recent months, Tehran has embarked on a dangerous campaign that aims to bring an end to the protection of Ashraf by the U.S. forces. Considering Iran’s influence in Iraq and in its military and security forces, this has greatly alarmed the residents of Ashraf, their families, their Iraqi friends, human rights advocates around the world and distinguished jurists who have reminded the United States of its obligations to continue protecting the residents of Ashraf so long as these forces remain in Iraq.

Prominent international lawyers strongly argue that the US is responsible for the security and protection of Camp Ashraf residents as long as there is a US presence in Iraq.

We call on the UN Secretary General to ensure the safety of Ashraf residents, like the children of slain Kurdish political refugee and member of PMOI/MEK who have been political refugees in last 22 years, and are “Protected Persons” under Fourth Geneva Convention.