Sunday, February 01, 2009
The International Committee of Jurists in Defense of Ashraf (ICJDA) on behalf of 8,500 jurists and lawyers, in a letter to Ashraf residents, underscored: ’In view of unlawful remarks in recent days by Mr. Mowafaq al-Rubaei, both in Tehran and Baghdad, the ICJDA with the help of parliamentary and human rights forums is closely monitoring the situation of Ashraf and is fully prepared to file complaints at international courts or before relevant authorities against anyone violating the rights of Ashraf residents.’
The ICJDA emphasized in the letter:’The Iraqi government must recognize the rights of Ashraf residents – as the US government had previously done – and this should be done officially in writing and submitted to every single residents of Ashraf.’
The text of ICJDA letter to Ashraf residents is as follows:
The International Committee of Jurists in Defense of Ashraf (ICJDA) on behalf of 8,500 jurists and lawyers, in a letter to Ashraf residents, underscored: ’In view of unlawful remarks in recent days by Mr. Mowafaq al-Rubaei, both in Tehran and Baghdad, the ICJDA with the help of parliamentary and human rights forums is closely monitoring the situation of Ashraf and is fully prepared to file complaints at international courts or before relevant authorities against anyone violating the rights of Ashraf residents.’
The ICJDA emphasized in the letter:’The Iraqi government must recognize the rights of Ashraf residents – as the US government had previously done – and this should be done officially in writing and submitted to every single residents of Ashraf.’
The text of ICJDA letter to Ashraf residents is as follows:
28 Jan 2009
To the residents of Ashraf
Dear friends,
The International Committee of Jurists in Defense of Ashraf (ICJDA) wishes to congratulate you on behalf of 8,500 lawyers and jurists on the removal of the PMOI from the EU’s terrorist list.
Allow me to bring to your attention the following points:
In view of unlawful remarks in recent days by Mr. Mowafaq al-Rubaei, both in Tehran and Baghdad, emphasizing that “Iran’s security is our security” and “more than 3,000 residents of Ashraf must leave Iraq and this camp will be closed down in two months” (Reuters, January 23, 2009) and that “some of the members of the group will be handed over to judicial authorities in Iraq and some to judicial authorities in Iran” (AFP, January 23, 2009);
In light of the fabricated accusation by the office of Iraq’s National Security that one of the members of the PMOI intended to blow up himself at the headquarters of the Iraqi security forces, and the refusal of this office as well as other Iraqi governmental organs to refute this accusation, which points to the ominous intentions by those who fabricated this false report;
Considering the repeated requests by the families of Ashraf residents to lawyers and representatives of our Committee to express their anxiety over the above remarks;
Recalling the ICJDA’s letter of January 8, 2009 to the residents of Ashraf, after seeking advise from lawyers of Ashraf residents and consulting with experts on international law and the International Humanitarian Law, and after consultations with the European Committee “In Search of Justice (ISJ)” with the support of 2000 parliamentarians from across Europe headed by the Vice-President of the European Parliament Dr. Alejo Vidal-Quadras;
Following the remarks by the Vice-President of the European Parliament in the gathering of thousands of Iranians in Brussels’ Schuman Square on January 27 that, ’Parliaments in Europe and the ISJ have a duty to support Ashraf City residents and to achieve guarantees for their rights and they will not allow any kind of aggression against the residents of Ashraf’;
The ICJDA wishes to notify you of the following points as your judicial guidelines:
1- You should not sign any document, questionnaire or agreement in the absence of your lawyers. In any democratic country where the rule of law prevails, lawyers cannot be ignored as this would undermine the basic rights of their clients,
2- The Iraqi government must recognize the rights of Ashraf residents – as the US government had previously done – and this should be done officially in writing and submitted to every single residents of Ashraf. This document should emphasize the following points:
a. The principle of non-refoulment, international law, International Humanitarian Law and in particular Article three of the Common Geneva Conventions apply to the residents of Ashraf,
b. In compliance with items mentioned in ‘a’ and as stressed by the International Committee of the Red Cross, the UN High Commissioner for Refugees, the UNAMI and many other international bodies, extradition, expulsion or involuntary displacement of Ashraf residents within Iraq is unlawful,
c. Physical and psychological protection and juridical security of Ashraf residents should be guaranteed and fabrication of dossiers against them, which are only sought by the regime, should be rejected,
3- As we have previously informed you, the only acceptable country to transfer you to, should any of you desire, would be the United States. This is due to the fact that residents of Ashraf have handed over all their arms to the U.S. forces, a number of U.S. government agencies have screened every single residents of Ashraf and they all have signed an agreement with the U.S. and ’Senior American officials said extensive interviews by officials of the State Department and the Federal Bureau of Investigation had not come up with any basis to bring charges against any members of the group’ (July 27, 2004, New York Times).
The ICJDA with the help of parliamentary and human rights forums is closely monitoring the situation of Ashraf and is fully prepared to file complaints at international courts or before relevant authorities against anyone violating the rights of Ashraf residents.
Yours sincerely,
International Committee of Jurists in defense of Ashraf
François Serres