Source: December 2008 issue of the French monthly Afrique Asie
(This article has been translated from its original in French)
Last October the European Court in Luxembourg, once again, annulled a decision of the Council of European Union to include the People's Mojahedin of Iran (PMOI/MEK) on the list of terrorist organizations. This is a story that is repeated each time that justice had to decide on the issue.
"The terrorists lists are our Guantanamo,” said Dick Marty, the rapporteur of the Parliamentary Assembly of the Council of Europe (1). The case of PMOI is an eloquent case. The inclusion of this movement is a path filled with hidden political agenda and abuse of power in violation of the rule of law.”
It was a gift to Khatami’s presidency that the United States decided to include PMOI (MEK) in 1997 on their blacklist (2), a decision that was followed in 2001 by the British (3), then in 2002 by Europeans.
The arrival of extremists in Iran ended this illusion, reminding everyone that the Islamic Republic of Iran was not a democratic regime. The Supreme Leader, Ali Khamenei, is on the side of Revolutionary Guards (Pasdaran) which its dominance confirmed in 2005 by installing Ahmadinejad to the presidency.
One might have expected in return, the West put an end to the banning of opposition. But nothing like this happened.
The price of the deaf ear of the European Union (EU) to justice is much heavier. Dick Marty said that "Iran justified the hanging of Mujahideen (PMOI/MEK), saying they are considered terrorists by the EU (4). The terror listing has also served as a pretext to the Americans and the British to bomb the bases of PMOI (MEK) during Iraqi war, at the request of Iran, an action that has killed some fifty members of the Iranian resistance. After the war, the city of Ashraf has received sizable support of the Iraqi people, Sunnis and Shiites (5).
This support clearly stresses and demonstrates the futility of the Iranian regime's propaganda claiming that PMOI (MEK) cooperated with Saddam Hussein’s repression. An accusation without any proof that Iranian services maintain through the press.
Other damage this time in France: the famous raid on 17 June 2003 in Auvers-sur-Oise, against the headquarters of the National Council of Resistance of Iran (NCRI) which PMOI (MEK) is a member, on the order of Judge Bruguière.
This case handled since 2001 has failed. As we know it contains no evidence of terrorism. Therefore, the judge has lifted virtually all measures of judicial control. The sources of this listing have acknowledged that "terrorist nature" of PMOI’s activities "has not been demonstrated" (6).
The traces of these lawsuits against PMOI (MEK) have to be found in the signing of contracts for French firms. With the decision of last October, it is the second time that the inclusion of PMOI (MEK) on the terrorist list is attacked and overturned by the decision of European Court in Luxembourg (7).
Meanwhile, PMOI (MEK) triumphed in another front, this time against the British government.
The British listing (which used to support the European decision) has been overturned as a result of court decisions (8) and a vote in Parliament (9) which forced the British government to deproscribe the PMOI (MEK).
This should have naturally leaded to its removal from the European list. Yet, on July 15, 2008, the EU Council again decided to maintain the PMOI (MEK) in the list, claiming that there were "new elements" brought to its attention. It refers to the ongoing judicial investigation in France which was triggered by inclusion of PMOI (MEK) on the list. While PMOI (MEK) is about to be removed from this list, France is now creating obstacle by investigations! A vicious cycle of dishonesty; really vicious and really dishonest.
According to Antonio Cassese, former president of the International Criminal Tribunal for Yugoslavia, which examined the issue of the EU, this is a real abuse of power ". Indeed, the French procedure does not constitute a new decision. The investigation opened in 2001 was mainly focused on activities prior to that date.
Since July 2008, France chairs the EU Council. It is therefore well placed to know that the argument is only a pretext.
A legitimate movement
In any case, more and more European democrats who oppose to the policies of their States have created the European Committee for delisting of PMOI (MEK) in Brussels.
President Sarkozy claims that it makes no concession to Iran. How can we believe when at the same time it refuses to recognize the Iranian opposition's right repeatedly affirmed by the European Court. PMOI (MEK) is not a terrorist organization. It is a legitimate movement of opposition to a regime which itself is terrorist.
These foreign states which are aggressive in protecting their economic interests, are willing to destroy the Iranian opposition and ignore justice, do they not think of the CIA coup against the Prime Minister Mossadegh that restored the Shah on the throne in order to secure oil profits?
In any case, the criminalization of the independent Iranian opposition may be a very bad message to the Iranian people which is denied the right to freedom.
Francois Colcombet is a magistrate and cofounder of the French Committee for a Democratic Iran (CFID), with Senator Jean-Pierre Michel and former Secretary of State Alain Vivien. He is also chairman of the Sixth Republic Convention.
(1) January 2008.
(2) Martin Indyk, US Undersecretary for Middle Eastern Affairs, Newsweek, September 26, 2002.
(3) Jack Straw, BBC, February 4, 2006.
(4) Le Temps, January 24, 2008.
(5) Declaration of 5.25 million Iraqis in support of the PMOI (MEK) in 2005,signed by 3 millions Shiites from southern Iraq and Kurds in 2008.
(6) Le Monde, February 19, 2005.
(7) The Court of First Instance of the European Communities, December 12, 2006.
(8) November 30, 2007 and May 7, 2008.
(9) June 23, 2008.