The International Parliamentary Committee in Defence of Ashraf has consistently warned about the inhumane conditions in Camp Liberty-Iraq, where 2,000 former residents of Camp Ashraf have settled in order to peacefully end the Ashraf crisis.
Unfortunately due to the systematic negligence of the UN authority in charge of the project, Mr Martin Kobler, the Iraqis have turned Liberty into an open air prison, and residents do not have access to their lawyers, family and friends.
The recently published report (A/HRC/WGAD/2012/16) by the Human Rights Council Working Group on Arbitrary Detention highlighted the restrictions imposed on the residents at Liberty, described it as detention and concluded that it “is arbitrary, being in contravention of article 9 of the Universal Declaration of Human Rights and articles 9, paragraph 1, and 10, paragraph 1, of the International Covenant on Civil and Political Rights, and falling under category IV of the categories applicable to cases submitted for consideration to the Working Group.”
The report contradicts recent assertions by Ambassador Kobler to the UN Security Council that the conditions at Liberty meet acceptable UN standards. While many of the shortcomings exist and Iraq continues to hinder resolution of the simplest issues, Mr Kobler has issued a new statement about a “roadmap” for the closure of Ashraf.
From his correspondence with the representatives of the Ashraf residents, it is clear that he is making a storm in a teacup: Nothing new in his roadmap; only repetitions of previous promises that never materialised. All serious issues of concern to the residents that have halted the relocation process have been made contingent to future negotiations. He asks the next group of residents to move “without delay.”
Mr Kobler asked the Government of Iraq “to be generous when it comes to the humanitarian needs of the residents and to continue to seek a peaceful solution to this issue under any circumstances.” The term generous is certainly misleading. The residents of Ashraf are not begging Iraq to give them anything. They are after their rightful possessions that have been plundered by Iraqi officials. They must be able to take anything they need with them and sell the rest. This is the central issue that Mr Kobler is ignoring systematically.
Therefore, we join the Human Rights Council Working Group on Arbitrary Detention in calling on the UN, US, UNAMI and “the Government (of Iraq) to take the necessary steps to remedy the situation … and bring it into conformity with the standards and principles set forth in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.”
Further, we agree with the Working Group that “taking into account all the circumstances of the case, the Working Group considers that adequate remedy would be immediate release and lifting of all restraints on the free movement of these persons as well as an enforceable right to compensation, in accordance with article 9, paragraph 5, of the International Covenant on Civil and Political Rights.”
The residents’ human rights and property rights must be restored before we would advise the remaining Ashraf residents to move to Liberty.
Rt. Hon. Lord Fraser of Carmyllie QC, Former Lord Advocate for Scotland is Co-President of the International Parliamentary Campaign in Defence of Ashraf