NCRI

International lawyers urge UNSG to sack Martin Kobler, launch investigation

Press Release published by International Committee of Jurists in Defence of Ashraf- April 8, 2013

Criminal lies and accusations by Martin Kobler against the residents of Camps Ashraf and Liberty are in tune with the positions taken by the Iranian Minister of Intelligence and are judicially liable as acts of preparation for further crimes against humanity committed by the Iranian regime and its accomplices in Iraq .

Call for immediate discharge of Martin Kobler, and for undertaking full responsibility on Ashraf and Liberty by the UNHCR and return of all the residents to Ashraf.

 

International Committee of Jurists in Defence of Ashraf (ICJDA), comprised of 8500 jurists and lawyers in Europe and the United States, warns on the criminal lies and accusations by Martin Kobler against the residents of Ashraf and Liberty as well as his activities allowing the Iranian regime and the Iraqi government to perpetrate further crimes against humanity in Liberty and Ashraf and preparing the ground for further crimes against Iranian refugees in Iraq.

Repeated letters by Mr. Kobler particularly before and after the trip to Iraq by Moslehi, the Intelligence Minister of the religious fascism ruling Iran, and relaying the same lies and claims as made by and the same policies as adopted by Tehran and Baghdad in order to put pressure on the residents are extremely suspicious.

These letters that have been distributed in Washington, New York and Geneva include allegations that are judicially liable. These allegations prepare the ground for further bloodbath. The truth is that Martin Kobler refused to respond to repeated questions, which were raised by the residents, their representatives and lawyers until February 9 when they ended their contacts with him, about the details, time and location of such false claims; this fact further discloses his illegitimate objectives. These allegations are in tune with the remarks made by Moslehi who described the purpose of his trip to Iraq as “coordination between the two countries’ security and intelligence services” and “Cornering the Monafeqin (The term used by the regime for the residents) and removing them from Iraqi territory.” (ISNA, Iran’s state news agency, April 7, 2013).

There are truly bewildering lies in Martin Kobler’s letter of April 6 to Mrs. Rajavi which have been formerly responded on several occasions by the National council of Resistance of Iran (NCRI) as well as the residents’ representatives and lawyers.

Using the bunkers and their walls by residents for purposes other than security like for storing items or building play ground and reinforced concrete material, or using the sand bags as barriers for separating different sections or for building stage are amongst the ludicrous lies which have been raised in his letter.

In a press statement on April 6, the NCRI replied to similar lies disseminated by Martin Kobler amongst the US, European and UN circles prior to his letter.

The statement reads: “Following the trip of Mullah Moslehi, the clerical regime’s Intelligence Minister, to Iraq and conveying Khamenie’s orders, Nouri-al-Maliki with collaboration of Martin Kobler, the Special Representative of the UN Secretary General in Iraq, continues the repeated and non-ending episode of disseminating lies against Liberty residents. That is done to deceive international community and to justify deliberate delays in taking measures necessary for security of the residents.”

On April 5, the NCRI disclosed: “”In his report to Khamenei’s office, Moslehi has underscored that Maliki and Faleh Fayyaz have reassured him that they would treat residents of Camp Liberty in the harshest way and that returning of the protective T-walls, extending the area of Camp Liberty and construction in the camp, as well as entering of sandbags requested by the PMOI to increase the security factor in Camp Liberty would be prohibited.”

Two months after the missile attack on February 9 and in spite of hundreds of letters, emails and meetings with the Iraqi, US and UN officials in Liberty, Paris, Geneva, New York and Washington, the Iraqi government has not agreed to any of the residents’ security demands like the return of the 17500 T-walls which shield the trailers, the transfer of the bulletproof helmets and vests as well as transfer of the residents’ medical equipments from Ashraf to Liberty, increase in the Liberty area and permitting construction work in the camp which will all be done at the residents’ own expenses.

While the residents and their representatives have repeatedly declared in their statements and letters that they vehemently oppose any intervention of Martin Kobler in their relationship with the UNHCR, he continues with his sabotaging interventions and falsifications in this regard. For example he wrote: “the attendance of UNHCR interviews is still far from being satisfactory. UNHCR interviews should not be boycotted…. all those invited for the interviews should come ……”
The residents’ representatives have pointed out in several letters on February 22, 23 and 24: “Accordingly and in light of the whole background and the blood which was shed in Liberty, the residents by no means want and accept Mr. Kobler’s and UNAMI’s intervention in their refugee status process and their relation with UNHCR whatsoever and do not trust it. We, therefore, shall not answer to any letter from you regarding UNHCR and refugee process.”

The residents have on several occasions warned on the sabotaging role played by Martin Kobler and his propagandist abuse of Albania’s offer to accept a group of the residents which had been followed by the NCRI, the UNHCR and the US since early 2012, and yet Martin Kobler insists on continuing with this interference. He also wrote about the residents: “their case could be suspended, if they do not attend the interviews.” Based on the opinions of the prominent international jurists, this is totally unlawful and it is while he knows very well that the most essential issue for the residents is their group security which must be provided with or without an official status. The 3000 residents cannot be expected to forgo their security only because some of them are going to Albania. Now it has become evident that even those who held an official status had no immunity against the attack on February 9 and they either lost their lives or they were maimed.

Martin Kobler is following unworthy tactic to repeat a lie to make everyone believe it. He repeats: “there still seems to be an instruction that our monitors cannot talk to individual residents” and that the monitors are being prevented to enter “some areas, like the triangle area.” This false claim has been repeatedly replied to in details and yet he continues to state it. This is while over the past 14 months more than 2000 residents have been interviewed, in some cases up to 17 times, privately or in group outside the camp by the UNHCR staff and their own translators. Repeat of such obvious lies only aims at creating a mysterious picture of the camp and to delude that some residents have been deprived of their freedom and some unlawful acts are being carried out in the camp. Martin Kobler intentionally addresses Mrs. Rajavi in order to put the responsibility on her as this is required to justify the launch of another bloodbath.

In view of the above facts, the ICJDA calls on the residents of Ashraf and Liberty to be on alert with regards to consequences of Martin Kobler’s activities in connection with the Khamenei’s fascist regime and its allies in Iraq , the Al-Maliki Government. As the issue of security and protection is not an issue for compromise, the ICJDA also stresses on the followings:

1. As the false claims of Martin Kobler is an evident threat to the residents’ safety and security, the ICJDA urges for the formation of independent enquiry delegations by the United States and the United Nations with presence of the residents’ representatives and lawyers to visit Camp Liberty, closely observe the truth and investigate on the false claims made by Martin kobler.

2. Not only Martin Kobler does not truly represent the United Nations and the humanitarian and human rights values but also his remarks and actions are clearly supporting the dreadful and horrific aims of the Iranian regime and its allies in the Al-Maliki Government. He enjoys no legitimacy. Mrs. Rajavi, the NCRI, the residents and their representatives have righteously announced on several occasions since two months ago that they would hold no contacts with him in nowhere and would not reply to his letters. They strongly rejected to meet him when he asked for a meeting last February in Geneva. However, he is deceitfully pretending as if he is in touch with the residents and their representatives; he falsely wrote in his letter of April 6 that his previous letter was replied to by the residents’ representative.

3. The ICJDA calls on the UN Secretary General to discharge Martin Kobler on the issue of Ashraf and Liberty and vehemently urges the UNHCR to fully undertake the responsibility in this issue within its mandate and to prevent a new bloodbath.

4. Under the present circumstances, group security is the most essential issue and the ICJDA calls on the United States and the United Nations to return the residents to Ashraf in order to provide their relative security. The UNHCR Manual on Security and Persons of Concern published in November 2011 emphasizes that in the case of an attack “If the host government is unable or unwilling to provide adequate security and cannot guarantee the safety and welfare of persons of concern, consider the merits of relocating the camp or settlement population.”

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