Letter to the European Union’s Special Representative on Camp Ashraf

Tel:+41 22 809 49 39, Fax: +41 22 809 49 29

www.omct.org

H.E. Mr. JeanDe Ruyt

EuropeanUnion’s Special Representative on Camp Ashraf

Via fax :+32 2298 7172

Geneva, 10 November 2011

Re: Fear for the safetyof Camp Ashraf’s residents

YourExcellency,

The WorldOrganisation Against Torture (OMCT), the largest Network of NGOs fighting against torture,summary executions, enforced disappearances and all other cruel, inhuman ordegrading treatment or punishment in the world, welcomes your appointment asthe European Union’s special representative on Camp Ashraf, and wishes to availitself of this opportunity to express its deepest concern about the safety ofCamp Ashraf’s residents, in Diyala province, 90 km north-east of Bagdad.

Camp Ashraf is home to 3,400 unarmedcivilians, members of the People’s Mojahedin Organisation of Iran (PMOI), anIranian opposition group. In July 2004, Camp Ashraf residents were entitled as “protected persons” to theprotections provided in the Fourth Geneva Convention (1949). The United States of America (USA) administration also signed an agreement with each resident to protectthem until their final disposition. In January 2009, the USA handed the protection of Camp Ashraf over to the authorities of Iraq. However, despite guarantees by the Iraqigovernment, the camp has been raided on two occasions since 2009 inview of expulsing its residents and closing the camp. The attacks led to the deaths of 47residents and hundreds of injured.

On 28July 2009, the Iraqi security forces enteredCamp Ashraf withbulldozers, and used grenades, teargas, water canons and pepper spray againstAshraf residents. Eleven people were reportedly killed and several injuredduring the raid. Furthermore, 36 residents were arrested and first taken to anunknown location before being transferred to a police station in the town ofal-Khalis, outside Camp Ashraf. Reportsindicate that they were subjected to torture and other ill-treatment.The residents of CampAshrafhave since reportedly been deprived of basic needs, such as medical care, fueland necessary supplies for the camp. Since 2010, they have also been subjectedto numerous acts of harassment, among others, family members or lawyers beingprevented from entering the camp and the use by Iraqi forces ofpowerful loudspeakers to psychologically harass them. According to the sameinformation received, on 8April 2011, around 2500 soldiers of the Iraqiarmed forces entered anew CampAshraf.The soldiers reportedly fired indiscriminately at the residents killing 36residents, among them at least four women, and leaving over 325 injuredpersons.

OMCT hasexpressed, on several occasions, its concern over the safety of CampAshraf’sresidents. The Iraqi government has repeatedly stated that the camp should beclosed and its residents expelled from Iraq.The recent statement by Iraqi’s Prime Minister, Mr. Nouri Al-Maliki, to closedown the camp by the end of 2011 without a safe solution for its residents, isall the more alarming and causes an acute risk of further serious human rightsviolations.

OMCT recallsthat the United Nations High Commissioner for Refugees (UNHCR) declared in astatement issued on 13 September 2011 that the residents of Camp Ashraf are“formally asylum seekers” and called on the government of Iraq to extend “thedeadline for the closure of the camp” in view of examining the request forrefugee status in a timely and proper manner.

In view of the latest events andconsidering the urgency of preventing future attacks and serious human rightsviolations, OMCT hopes that you will raise our concerns with the Iraqiauthorities to

- guarantee, in all circumstances, the physical andpsychological integrity of Camp Ashraf residents, including by not forciblyreturning any resident to Iran, where she/he would be at risk of torture andother ill-treatment, in line with Iraq’s obligations to ensure the protectionof human rights to all those under its jurisdiction;

- lift the self-proclaimed deadline to close Camp Ashraf and ensure that theUNHRC can carry out individual interviews in a safe, neutral and confidentiallocation;

- allow the United Nations Assistance Mission for Iraq (UNAMI)and the High Commissioner for Human Rights (OHCHR) to monitor the human rightssituation in Camp Ashrafuntil all its residents have been safely resettled.

We thank you for yourconsideration of our concerns and recommendations. We are at your disposalshould you have any questions.

Sincerely yours,

Gerald Staberock

Secretary General