In his report to the UN Human Rights Council, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression registered the cases of crime against humanity in Ashraf during Iraqi forces’ attack in July 28 and 29, 2009 and the brutal abduction of 36 Ashraf residents.
This UN official document is signed by three other UN officials including the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, and theSpecial Rapporteur on the right of everyone to the enjoyment of the highest attainablestandard of physical and mental health. The document addresses and protests in ten separated paragraphs the inhuman treatment with 36 Ashraf hostages and torturing, injuring and keeping them in custody against the judge’s order.
Following is excerpt of the document
26May 2010
Human Rights Council
Fourteenth session
Agenda Item 3
PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS, CIVIL,
POLITICAL, ECONOMIC, SOCIAL AND CULTURAL RIGHTS,
INCLUDING THE RIGHT TO DEVELOPMENT
Report of the Special Rapporteur on the promotion and protection of
the right to freedom of opinion and expression, Frank La Rue
Urgent appeal
1245.On 7 August 2009, the Special Rapporteur, together with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur ontorture and other cruel, inhuman or degrading treatment or punishment, and theSpecial Rapporteur on the right of everyone to the enjoyment of the highest attainablestandard of physical and mental health, sent an urgent appeal to the Governmentregarding 37 residents of Camp Ashraf:
1246. All of them were being held at the police station of Khalis, Diyala province.
1247. According to the allegations received, on 28 July 2009, 37 residents of Ashrafcamp were arrested by the police when they protested against the establishment of apolice station in the camp. At least 32 of them were then transferred to the policestation of Khalis, where they were allegedly beaten by the police with woodentruncheons and metal cables on their chests, heads and hands, which resulted in sevenpersons being seriously injured (broken arms, hands and fingers; fractures of back andhead bones). They were later taken to the Iraqi army battalion compound just outsideAshraf, where they were put in a cell of 12 sq m.
1248. During a transfer, one of the men, Mr. EbrahimMalaipol, attempted to enterthe back of a pickup truck, but was allegedly hit on his head by an officer of theScorpion Special Force. As a result, he sustained a head injury and is in urgent needof medical treatment. Overall, at least seven persons were found to be in need ofhospitalization by medical doctors, but they remained without adequate medicaltreatment.
1249. Given the allegations of ill-treatment at the initial stage after arrest and thealleged denial of adequate medical treatment, concern was expressed for the physicaland mental integrity of the 37 persons in detention.
1250. On 1 October 2009, the Special Rapporteur, together with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur ontorture and other cruel, inhuman or degrading treatment or punishment, and theSpecial Rapporteur on the right of everyone to the enjoyment of the highest attainablestandard of physical and mental health, sent an urgent appeal to the Governmentregarding 37 Iranian nationals in Camp Ashraf, who were the subject of an urgentappeal sent on 7 August 2009.
1251. The mandate-holders noted that they continued to be held at a police station inthe town of Al-Khalis, in Diyala Province, north of Baghdad, in spite of a releaseorder issued by the investigative judge of the criminal court of Diyala Province. Theinvestigative judge confirmed, on 16 September 2009, his previous ruling of 24August 2009 ordering the release of these persons on the grounds that they had nocharges to answer.
1252. The public prosecutor, who had appealed the investigative judge’s first ruling,is said to have had no objection to their release without charge. However, the localpolice authorities in the town of Al-Khalis continued to refuse to release the detaineesfor unknown reasons. Police authorities had not provided any reason or legaljustification for the continued detention of these persons.
1253. Fears were expressed concerning the possibility of a possible forcible return ofthese Iranian nationals to Iran in circumstances where they would be at risk of serioushuman rights violations, including execution and torture. It was further said that mostof these persons in a poor state of health and have been denied adequate medicaltreatment, and thus concern was expressed for their physical and mental integrity.