The United Nations Special Rapporteur on extrajudicial, summaryor arbitrary executions condemned brutal executions of the Iranian regime particularly recent execution of the political prisoners and death sentences of family members of Ashraf residents as well as crime against humanity during August 28 and 29, 2009 on Camp Ashraf which led to killing of eleven Ashraf residents as arbitrary and extrajudicial executions and reported them to the UN Human Rights Council.
In this report The UN Special Rapporteur condemned death sentences on the charge of “mohareba” (waging war against God) for supporting the People’s Mojahedin Organization of Iran (PMOI) or visiting Ashraf to meet their relatives as violation of international covenants. He has also documented the events of August 28 and 29, 2009, targeted shooting at Ashraf residents, prevention of treatment to injured, shooting at ambulances carrying injured and physicians, and other cases of crime against humanity. It also asked for necessary investigation to guarantee that accountability of any person guilty of the alleged violations is ensured.

The report partly reads:

Distr.: General
1 June 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 extrajudicial, summary or arbitrary executions, Philip Alston*

Mr. Ali Saremi (or Sarami), aged 62, was arrested by Ministry ofIntelligence officials in September 2007 after speaking at a ceremony on 29 August2007 at the Khavaran cemetery in Tehran commemorating the victims of the allegedexecution of thousands of prisoners, mostly supporters of the People’s MojahedinOrganization of Iran (PMOI), in 1988. His arrest might also be related to a visit toCamp Ashraf in Iraq which he undertook in April 2007 (members of his family livein Camp Ashraf). He was subsequently detained in Ward 209 of Evin prison and iscurrently detained in Gohardasht prison. On 29 December 2009 he was sentenced todeath for moharebeh after being convicted of membership of the PMOI.

Observations of the Special Rapporteur: The Special Rapporteur notes the response ofthe Government of Iraq, and regrets that the response fails to address any of the issuesraised in the Special Rapporteur’s communication. In particular, the Government’sresponse does not explain why it believes that the use of force that resulted in the deaths of 11 Camp Ashraf residents and injuries to hundreds more comports with the requirements ofstrict necessity and proportionality in law enforcement operations. Nor does the
Government explain, as it was requested to do, what instructions were provided to itssecurity forces for the operation, and how the choice of means and methods used met therequirements of applicable human rights law. The response also does not addressallegations that the Government’s security forces prevented medical care from reaching theinjured during, and for several days after, the operation. Finally, the Government’sresponse does not explain whether it undertook any investigation into the legality of, andresponsibility for, the alleged killings.

On 28 and 29 July, hundreds of Iraqi army soldiers and police officersconducted an operation in Camp Ashraf with the goal of establishing a police stationwithin the camp. Humvees and bulldozers were used to destroy fences and wallssurrounding the camp. It is reported that the Iraqi armed forces also drove recklesslyat high speeds through gathered crowds running over some of the individuals. Whenthe Iraqi security forces tried to enter the camp, they clashed with hundreds ofunarmed residents who had formed a human chain. They subsequently clashed withcamp residents within the camp. The Iraqi security forces made use of differentmeans in order to disperse the crowd including water canons, batons, batons withnails, metal rods, cricket bats, chains, sickles, axes, teargas and sound grenades. It isreported that the Iraqi security forces also made use of firearms against the campresidents and that the shooting was targeted.
The operation resulted in the death of eleven camp residents including six bygunshot (details on the causes of death are provided in the Annex) and the woundingof several hundred, some of which sustained grave injuries. Those injured include 23individuals presenting gunshot wounds and 25 presenting injuries sustained frombeing hit or run over by vehicles. It is reported that some of the dead wereintentionally killed having been struck by a single bullet to the head or chest.
The security forces allegedly prevented Iraqi doctors from entering CampAshraf during the operation and for several days afterwards. Multinational forceswere only allowed to evacuate the wounded on the third day. The Camp Ashrafambulance was also shot at several times during the attack as doctors present in thecamp were trying to take wounded residents to Camp Ashraf hospital. It is reportedthat lack of timely access to medical treatment may have contributed to the death of
some of the eleven camp residents.

Furthermore, Iraqi armed forces allegedly took a large number of goodsbelonging to the residents including generators, fans, tables, chairs and cars.
Some 800 to 1000 members of the Iraqi security forces participated in theoperation. They reportedly originate from a number of units including army unitsbased around Camp Ashraf and from Baghdad, police units from Diyala provinceand Iraqi army Special Forces.

Article 6 of ICCPR provides that every individual has the right to life andsecurity of the person, that this right shall be protected by law, and that no person shall bearbitrarily deprived of his or her life (Article 6).

We would like to remind your Excellency’s Government of the principle whereby allStates have “the obligation (…) to conduct exhaustive and impartial investigations into allsuspected cases of extrajudicial, summary or arbitrary executions”, as recently reiterated bythe Human Rights Council in Resolution 8/3 on “Extrajudicial, summary or arbitraryexecutions” (OP 4). The Council added that this obligation includes the obligation “toidentify and bring to justice those responsible, (…) to grant adequate compensation within areasonable time to the victims or their families and to adopt all necessary measures,including legal and judicial measures, in order to (…) prevent the recurrence of suchexecutions”.

We urge your Excellency’s Government to take all necessary measures to guaranteethat accountability of any person guilty of the alleged violations is ensured. We also requestthat your Excellency’s Government adopts effective measures to prevent the recurrence ofthese acts.