Madrid, the 28 of November 2009
The Central Investigative Court number 4 of the National Court of Spain rules that the residents of Ashraf are under the protection of the Geneva Convention
On 26 November, the Central Investigative Court, Number 4, of the National Court of Spain, in a decision declared its competence, under the principles of universal jurisdiction established in the Geneva Convention, to investigate the crimes committed on 28 and 29 July against residents of Ashraf Camp, home to 3,400 members of the People's Mojahedin Organization of Iran. The Court decision is based on the fact that the attack on Camp Ashraf, with 11 persons dead and several hundreds injured, could
constitute a grave violation of the Geneva Conventions and should be investigated.
The Court Writ, adopted under the Fourth Geneva Convention authority, recognized that residents of Ashraf are protected persons under the Fourth Geneva Convention.
The Court decision followed a complaint filed by families of the residents of Ashraf against the Iraqi officials responsible for the crimes committed against their relatives in violation of the Geneva Convention.
This judicial decision is an important legal step in the international recognition of the status of residents of Ashraf in accordance with the Geneva Conventions. Now it is time for the Iraqi Government and all the institutions and parties concerned to respect, in good faith, the rights of Ashraf residents under the Fourth Geneva Convention.
The complaint filed in the Court also refers to the role of some Iranian Authorities in exerting pressure on the Iraqi government and its scheme to eliminate the PMOI.
The Court ordered a Rogatory Letter to be sent to Iraqi Authorities to find out if an effective judicial investigation about the crimes committed against Ashraf residents is underway in Iraq.