Mr. Martin Kobler, Special Representative of the UN Secretary General in Iraq (SRSG), in a letter to the representative of Ashraf and Liberty residents titled “property arrangements and the relocation of the remaining 100 residents of Camp Ashraf to Camp Hurrya”, today asked residents to hire a trusted Iraqi lawyer to list “sellable items” (hundreds of thousands of various items including 1200 vehicles and more than 1000 expensive electrical equipments and several thousand air conditioners and heaters) by November 29th. Then to transfer all of the items to a smaller section in Ashraf, leave it to the Government of Iraq and then go to Liberty themselves!
According to Kobler’s letter, the Iraqi lawyer then can sell these items in Iraq or to export them to a third country “according to usual export procedures” of Iraq!
It appears that Mr. Kobler is in a rush to award himself the record of facilitating the new Iraqi government’s arrangements to plunder property and deny ownership that was the result of the work of thousands of people over 26 years, by November 29th, when he is due to present his quarterly report on Ashraf to the UN Security Council.
These arrangements are nothing but planning to steal property and deny property rights of Ashraf residents facilitated by Martin Kobler. These arrangements are in clear violation of all international laws and conventions and all promises and written and verbal assurances and agreements over the past year about residents’ property that were stressed upon before the transfer of each and every convoy from Ashraf to Liberty. The movable and immovable property of the residents is assessed to be worth $550 million. (NCRI’s statement of April 20, 2012/ British company agreement, September 5, 2012)
Ashraf residents and their representatives have stated and written on numerous occasions that upon a resolution to the issue of their movable and immovable property in Ashraf, they immediately will go to Liberty at once.
It is evident that the 11-month marathon of denying Ashraf residents ownership rights has reached to its end with the “property arrangements and the relocation of the remaining 100 residents of Camp Ashraf to Camp Hurrya”scenario, which Mr. Kobler today sent out on behalf of the Iraqi government. In short, the facilitator says, offer the meat to the cat expeditiously and go, otherwise expect its dire consequences, i.e. the next massacre!
This is against the ownership rights of the residents over their property according to article 17 of the Universal Declaration of Human Rights, articles 46 and 55 of the Fourth Geneva Convention, articles 52 and 53 of The Hague Convention, articles 9 and 10 of ICCPR, article 23 of Iraq’s Constitution and articles 1117, 1118, 1119, 1120, 1121 and 1147 of Iraq’s Civil laws.
The Iranian resistance opposes these arrangements that are absolutely not acceptable in the strongest terms, and urges the Secretary General to appoint an impartial official to address Ashraf and Liberty file.

Secretariat of the National Council of Resistance of Iran
November 22, 2012

Background:
1-Secretary General Ban ki-Moon in his January 7, 2011 report to the UN Security Council about Ashraf supported such arrangements for Ashraf that would be acceptable to both the Government of Iraq and camp residents. He said: “I call upon Member States to help to support and facilitate the implementation of any arrangement that is acceptable to the Government of Iraq and the camp residents”.

2-Secretary General Ban Ki Moon once again reiterated in his December 5, 2011 report to the Security Council: “The United Nations is committed to doing its utmost to help address this humanitarian issue in a way that fully respects Iraqi sovereignty and international law and that is acceptable to all concerned”.

3-SRSG Martin Kobler stated in the Security Council on December 6, 2011: “Any workable solution must be acceptable to both the government of Iraq and to the residents of Camp Ashraf. The solution must respect the Iraqi government on the one hand and applicable International humanitarian, human rights and refugee law on the other hand”.

4-Secretary General Ban ki-Moon stated on December 26, 2012, the day after the MOU was signed between Kobler and the Government of Iraq: “The agreement lays the foundation for a peaceful and durable solution to the situation, respecting both the sovereignty of Iraq and its international humanitarian and human rights obligations”.

5-SRSG Kobler underscored in his letter to the residents on December 28, 2011, prior to their transfer to Camp Liberty, regarding their “assets and properties”: “With regard to other issues, such, we will continue the discussions towards reaching a solution that respects the property rights of the residents in an organized way under Iraqi law”.

6-In a joint meeting of Kobler, the US representative and the representatives of the Government of Iraq with Ashraf representatives on January 25, 2012, the residents wanted to take their movable properties to Liberty but Kobler and the representative of the GOI did not accept, and said soon the auctioning of Ashraf properties would take place and Iraqi merchants could come to Ashraf for this purpose as they used to between 2003 and 2009.
Also in February 6 and 12, 2012 in the meetings between Ashraf representatives, the Iraqi government representative and Kobler’s deputy, it was reiterated: “The Iraqi government agrees that we sell our properties and vehicles in an auction in Ashraf and will facilitate it”.
The minutes of the February 6th meeting was sent to Mr. Kobler, Secretary General and the US authorities.
7-In April 7, 2012 draft by SRSG, Mr. Kobler wrote (the document is available):
-“The residents will submit immediately to the Government of Iraq an inventory of all their moveable property. The residents consider moving major parts of their movable property to a safe location outside Iraq or sell it”.
-“The residents should sell the major part of their moveable property inside Iraq or to transfer it outside Iraq after approval by the GoI. The property that the GoI perceive as military would be listed and will be sold to the GoI”.
8-He once again reassured the residents in his official letter on April 21:
-” The residents consider moving major parts of their movable property to a safe location outside Iraq or sell it”.
-“The residents should sell the major part of their moveable property inside Iraq or to transfer it outside Iraq after approval by the GoI”.
9-On May 28, UNAMI once again affirmed to the representative of Ashraf residents: “No objection to sell their civilian movable property subject to the Iraqi laws”.

10-Mr. Kobler thanked the residents in his June 23, 2012 statement. It was when 2000 Ashraf residents had gone to Liberty and 1200 had remained in Ashraf and yet none of the above-mentioned promises were carried out and their implementation constantly was postponed from one convoy to the next one. But the residents showed their maximum flexibility and cooperation to prove their goodwill.

11-Kobler wrote on July 8: – ”There will be no restrictions for merchants to buy legal moveable property from CA as long as they present their credentials to the GoI and get the approval”.

12-Secretary General Ban Ki Moon in his July 11, 2012 report to the Security Council about the transfer of next convoys from Ashraf to Liberty pointed out: “This would require additional efforts by the Government of Iraq to meet the humanitarian needs of the residents and greater flexibility on the part of the residents with respect to the remaining transfers”.

13-On July 23, Kobler wrote about his “roadmap” for Ashraf: “There will be no restrictions for merchants to buy legal moveable property from CA as long as they present their credentials to the GoI and get the approval”.

14-On August 6, 2012, Mr. Kobler wrote in an official letter:
“-The residents agree to sell their movable property to an Iraqi merchant immediately.
-The merchant shall deposit the amount you agreed upon in the account of the residents immediately.
-The residents shall engage in direct negotiations with an Iraqi merchant.
-The GOI shall facilitate the handover of movable property to the merchant”.
15-On August 28, Ashraf residents resumed the transfer to Liberty with maximum flexibility and cooperation and the sixth convoy of 400 people went to Liberty while still none of the above mentioned promises were fulfilled.

16-On September 6, Mr. Kobler in another official letter titled “final arrangement for the relocation of the camp Ashraf residents” wrote:
-“If the issue of property is not solved till end of September then a group of only 100 residents would remain in CNI as guardians of the property…”.
-“The GOI should provide protection for the property and remaining residents in CNI and their until the issue of property is resettled completely”.
-” In case the two parties (residents and the current merchant) do not reach an agreement and if no legal obligations are pending between them, the GoI would allow other merchants to come to CNI”.
This was while the Iraqi government by resorting to all sorts of ploys was preventing the implementation of the April 29, 2012 agreement of sale of movable and immovable property of the residents with the sole Iraqi merchant who was allowed to enter Ashraf in the past year. In this agreement a discount of 55% over the price of movable property was given to the Iraqi merchant and the income from the sale of immovable property was shared 50-50 between the merchant and the residents.
17-This supposedly Iraqi merchant who presented himself as in contact with close relatives of the Iraqi Prime Minister, eventually turned out to be a member of the Iraqi Security apparatus and did his best to renege the agreement he had signed with Ashraf residents on April 21, counting on Kobler’s support, and tried to pressure the residents by forging a case against them and producing illegal documents to confiscate their property, so that they would to give up their property rights on their movable and immovable property by accepting $5 million, contrary to the April 21 agreement.

18-The National Council of Resistance of Iran (NCRI) had earlier stated in its July 22 statement that the “Government of Iraq intends to plunder 500 million Dollars of movable and immovable properties of Ashraf residents”.
NCRI revealed: “Qassem Soleimani, the commander of the Quds Force, has ordered the regime’s Iraqi agents that “with respect to advertisements and continued complaints of the Monafeqin (the derogatory term used by Mullahs’ regime to describe the PMOI) on the sale of their properties, as a last resort the cooperative merchant can enter indirectly into this deal on a maximum price of 7 billion Iraqi dinars.” Now the Government of Iraq intends, by paying 5-6 million Dollars through the “cooperating merchant”, to impose on the residents the issue of Ashraf properties and belongings, worth 500 million Dollars, by using Kobler and UNAMI”.
NCRI also stated on July 29, 2012: “The inhuman mullahs’ regime, through its puppets in Iraq, is trying to use its agents in Iraqi judiciary to confiscate Ashraf residents’ property. According to received information, the plan for this plot has been given by terrorist Quds force and the mullahs’ regime Ambassador to Iraq to the Ashraf suppression committee in Iraqi Prime Ministry”.
19-On August 6, the residents’ lawyers declared the unfulfilled agreement with the Iraqi merchant as null and void. The cancellation document was sent to Mr. Kobler, the US authorities and the Iraqi merchant at the time.
Nevertheless, Mr. Kobler and his colleagues, by sending dozens of emails, did their utmost so the residents might give in to the demand of the GOI and the Iraqi merchant to plunder all of their property by 5 million Dollars, contrary to the April 21 agreement.
20-On September 5, 2012, the representatives of the residents signed an agreement with a British firm providing 50% discount for movable property and 40% discount for immovable property. This agreement was officially registered in the Iraqi Embassy in London, the UK Foreign Office and Anglo-Arab Chamber of Commerce and the arbitration was by the Paris Chamber of Commerce.
Nevertheless the residents’ representative wrote on September 7 to Ambassador Dan Fried, the US Secretary of State Special Adviser on Ashraf: “We are ready to provide an additional $5 million dollars discount on the price of moveable properties that have been stipulated as 22.5 million dollars in the contract with the merchant, conditioned that he would implement the contract that he had signed on April 21 and the GoI would not create another obstruction and would allow the residents to take their properties, that have been exempted from the sale in the item 1 of the contract, to Liberty.
Believe me, this is the utmost flexibility and good will so that the issue of properties would be solved once and for all.
In addition, I would like to inform you solely, that a credible foreign (European) merchant is ready to purchase the same properties from us for 25 million dollars. Yet, it is rather obvious that the GoI prefers to work with the merchant who is cooperating with the GoI and has been the only merchant allowed to come to Ashraf in the last 10 months”.
The representative of the residents also wrote on September 19 to Ambassador Dan Fried, attaching the signed agreement with the British company: “To show our maximum goodwill towards the GoI, we would postpone the execution of the contract with the British merchant until the September 20th meeting that Amb. Kobler is seeking, so that once more we see if the Iraqi merchant really intends to cooperate with our lawyers and update, sign and execute the already cancelled April 21th contract”.
21-On September 20, at the insistence of Mr. Kobler, the residents’ lawyers accepted to meet and discuss with the Iraqi merchant for the last time, in London and in the presence of Kobler. In this meeting, two unknown Iraqis appeared instead of the merchant. They were supported by Kobler and still tried to impose the Iraqi government’s demand to grasp the properties for $5 million. The lawyers did not accept the offer, however, to show goodwill, they offered another $5 million discount on the price of movable property to no avail.
French renowned lawyer, William Bourdon, wrote on September 24 to Kobler about this meeting: “As we stressed in the meeting, we are concerned that UNAMI under your leadership is not playing a fair and impartial role in respect of this issue. To our great surprise and as we pointed out during the meeting, you have supported the merchant’s position several times and we consider this attitude of UNAMI to be contradictory with the role and impartiality it bears and which you described precisely at the beginning of the meeting”.
22-In the same September 20 meeting in London, the residents’ lawyers discussed the agreement with the British firm with Mr. Kobler. The representative of the residents separately notified Kobler about this issue the same day.
On September 27, the International Committee of Jurists in Defense of Ashraf notified the Governor of Diyala in Iraq and the head of this province’s council about this agreement.
23-On October 15, the text of this agreement along with the coordinates of the representative of the British company in Baghdad was sent to Mr. Kobler’s deputy who was insisting on receiving them. In a separate email on the same day, the residents’ representative wrote to Ambassador Busztin, the SRSG’s deputy in Baghdad, about the need for the security of the British company representative in Baghdad, who is an Iraqi: “You will not pass the name to the GoI before you feel assured and safe to do so. I am writing these points while I hope that none of these would happen to the company’s representative and therefore I request that you pay special attention to them and let us both be assured of his safety.
a. I attach the list of 55 logistical contractors who have been killed by Iranian regime and its agents within the GoI between 2005 and 2008. It is not a complete list. However, this is what I have at the moment and I will subsequently send you the updated copy.
b. In addition to those who were killed, hundreds more of Iraqi citizens have been arrested, sent to jail and tortured for taking part in logistical services provided to Ashraf. Also 13 people were killed and 15 were injured in the bombing of the bus carrying Iraqi workers of Ashraf which occurred on May 29, 2006. Furthermore, one Iraqi worker who worked in Ashraf was killed and another six were injured on November 25, 2007. At the time, we made statements on these issues.
c. I am certain the purpose of these arrests and assassinations is totally clear to you and needs no explanation as it was in the case of 300 loudspeakers and three mortar attacks on Ashraf residents in December 2011.
Therefore, with regards to the British company’s representative, I must say that anything could happen to him such as making false allegations against him, arresting and forcing him to make false confessions, torturing or killing him and even a planned car accident.
I truly hope that I make a mistake and none of these bitter experiences would occur. Therefore, I request that you first obtain a guarantee for his safety and security from the GoI and then give them his name, telephone number and copy of his passport”.
24-On November 4, based on credible information from within the mullahs’ regime, the NCRI revealed: “Qassem Soleimani, the commander of the terrorist Quds Force, in order to deny Ashraf residents their property rights, has asked the Iraqi National Security Adviser to demand that Iraqi ministries and government departments to claim ownership of various Ashraf residents’ properties.
This inhuman and illegal measure takes place after last month’s trip of Qassem Soleimani and Ahmad Vahidi, the mullahs’ regime Minister of Defense and former commander of Quds Force… “.
25-On November 5, Mr. Kobler suddenly wrote in a one liner email to the representative of the residents: “We hear that the British merchant is not any more interested in sale of property. Could you please clarify?”
The representative of the residents responded: “Where did you hear that the British company was no longer willing to buy the properties of Ashraf residents and what is the reason? You know better than anyone else that the representative of this company has been threatened and been frightened to death. Now, it is disgraceful that you are asking us to explain whereas you are the one who should explain, particularly that we had informed you of the details about British Company since 50 days ago and repeatedly warned you on the manner in which the GoI would treat the British company’s representative”.
26-On November 7, the NCRI revealed the Iraqi government’s scenario to plunder and deny property rights of the residents on their property and stated: “The Iranian Resistance with strong protest calls on the United Nations Secretary General to prevent Martin Kobler from playing a facilitator role in plundering the properties of thousands of PMOI members and the results of their 26 years endeavor in Camp Ashraf and denying them their right to their properties”.
27-On November 8, Ambassador Busztin wrote to the representative of the residents: “The Government suggested that residents could appoint a registered Iraqi lawyer who would then have the authority to deal with the property. He would go to Camp Ashraf and draw up an inventory which would be submitted to the Government. While the Government is not responsible for storing the property, the lawyer could even rent a location in Iraq where the residents’ property could be stored until they find a buyer”.
28-Mr. Kobler’s incessant barrage of emails in order to impose the Iraqi government proposition to the residents continued for a week from November 9 to 16. Moreover, with his harassing emails and phone calls to the director of the British company was trying to make him accept there was no pressure or intimidation and that the British company had voluntarily backtracked from the agreement!
In the International Conference of Paris on November 17, 2012, Senator Robert Torricelli, Patrick Kennedy, Mayor Rudy Giuliani, Secretary Tom Ridge, and Governor Ed Rendell explained these facts in details by providing documents and warned about the conspiracies of the mullahs and the GOI to plunder residents’ property, and criticized Kobler’s performance. They declared that defending the property rights of the residents over their movable and immovable property is the duty and the responsibility of the UN, and urged Camp Liberty be declared a refugee camp.
29-On November 22, Dr, Saleh Mutlaq, Iraq’s Deputy Prime Minister, explicitly said: “I am opposed to the pressures that are exerted on the People’s Mojahedin in Iraq and I am also opposed to confiscating their property in Camp Ashraf because the decision to confiscate their property was a political decision and this is not religiously or legally legitimate. We have to have a brave position towards the United Nations in declaring Liberty as a political refugee camp irrespective of all its foreign consequences and there is no justification for the insistence of some political sides to keep the People’s Mojahedin in current situation which is a small camp under siege (Iraq for All website)”.

30-On November 8, 2012, the British Parliamentary Committee for Iran Freedom, on behalf of the majority of the members of the House of Commons said: “It is unfortunate that Martin Kobler, the man charged by the UN to resolve the Camp Ashraf crisis has remained deafeningly silent over the issue. Martin Kobler and the UN must publicly declare that the rights of the residents of Camp Ashraf to sell their property must be respected by the Government of Iraq and act immediately to ensure that this occurs”.