Need to ensure the protection of the residents of Camp Ashraf

“The deadline set by the Iraqi governmentto close Camp Ashraf by the end of 2011 without a safe solution for itsresidents, causes an acute risk of grave and serious human rights violations”,said Gerald Staberock, Secretary General of the OMCT.

The Iraqigovernment has repeatedly stated that the camp should be closed and itsresidents expelled from Iraq.Recent statements by Iraqi’s Prime Minister and Foreign Minister to close downthe camp by the end of 2011 without a safe solution for its residents are allthe more alarming. The OMCT recalls that Iraq has clear obligations under internationalhuman rights law to ensure the safety of the camps residents’ and that it isprohibited to forcible return them to Iran, where they may face torture,ill-treatment and other serious human rights violations.

“We enter a period that requiresextreme vigilance and concerted efforts by the international community,including the UN Secretary General, the Office of the High Commissioner forHuman Rights and the UN Mission in Iraq to ensure the safety ofthe camps residents until a lasting solution has been found”, said GeraldStaberock.

In a letterto the European Union’s Special Representative on CampAshraf,who was recently appointed by the High Representative for Foreign Affairs andSecurity Policy of the European Union, OMCT expressed its concerned about thesafety of CampAshraf’sresidents.

On 13 September 2011,the United Nations High Commissioner for Refugees (UNHCR) declared in astatement that the residents of CampAshrafare “formally asylum seekers” and called on the government of Iraqto extend “the deadline for the closure of the camp” in view of examining therequest for refugee status in a timely and proper manner. However, the Iraqigovernment remains determined to proceed with the closure of the camp by theend of the year. The OMCT considers that it is absolutely central that thisprocess can now go forward in an environment of safety and with all thenecessary guarantees and unhindered and unimpeded access by the UNHCHR.

Camp Ashraf, which is located inDiyala province, 90 km north-east of Bagdad,is home to 3,400 unarmed civilians, membersof the People’s Mojahedin Organisation of Iran (PMOI), an Iranian opposition group. In July 2004, itsresidents were entitled as “protected persons” to the protections provided inthe 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 by the Iraqi securityforces since 2009 in view of expulsing its residents and closingthe camp. The attacks led to the deaths of 47 residents and hundreds of injured. Theresidents have also been subjected to numerous acts of harassment,among others, family members or lawyers being prevented from entering the campand the use by Iraqi security forces of powerful loudspeakers topsychologically harass them.

The OMCT calls on 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;

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

- to allow the United Nations Assistance Mission for Iraq(UNAMI) and the High Commissioner for Human Rights (OHCHR) to monitor the humanrights situation in Camp Ashraf.

We equally request the internationalcommunity, including the Secretary General of the United Nations, the UN AssistanceMission for Iraq to use their influenceand good office to prevent further human rights violations. We also believethat this is the time of Office of the High Commissioner for Human Rights(OHCHR)

- to urge the Iraqi government to extend or lift thedeadline to close Camp Ashraf until all its residentshave been safely resettled and reject any forcible relocation;

- to urge the Iraqi government tofully respect the human rights of Camp Ashraf residents and to put an end toall harassment faced by the residents;

- to formally request to monitor the human rights situation in Camp Ashraf until allits residents have been safely resettled by dispatching observers to the camp.