Danaifar, Iranian regime ambassador in Baghdad, made shocking remarks on October 7 regarding his meeting with Mr Kobler, Special Representative of the UN Secretary General for Iraq, on the fate of Iranian refugees in Ashraf and Liberty. These remarks have raised deep concern in all. But regrettably, 8 days later, Mr Kobler has not replied to our legitimate and reasonable question in this regard thus leaving us with no choice other than referring it to the public opinion.
In an interview with Iranian regime’s state-run TV network, in response to a question about the fate of Ashraf and Liberty residents and their future resettlement countries, the regime’s ambassador said: “Today, I had a meeting with Mr. Kobler, the United Nations representative who is in charge of this file in Baghdad. We held long discussions in this regard and our expectations were raised in the meeting. The main problem is that majority of the world countries are not prepared to receive them due to the knowledge they have about them and their criminal and terrorist acts. But up to now a number of countries have declared that they would receive them; this is in line with the completion of their file for their transfer to some European countries.”
Talks with the Iranian regime on the fate of Ashraf residents, who are asylum seekers and “people of concern” as it has been explicitly stated by the UNHCR, is law breaking and an apparent violation of commitments made by Mr Kobler in June 2012 where after receiving international protest he confirmed that he had not and would not engage in negotiations with the Iranian regime about the fate of the residents of camp Ashraf and camp liberty and that the Government of Iraq was the only negotiating partner of UNAMI in this regard.
The information that Mr Kobler provides to the clerical regime ambassador has grave consequences for the security and protection of our clients and pave the way for a third massacre for which he would be held fully responsible.
Professor Eric David, one of the most prominent experts on international law declared on November 11, 2011 in Geneva that the United Nations has legal obligation to ensure the security of these people (Ashraf residents) within the framework of UNAMI. If this is not provided, it could bring legal responsibilities. This means a legal responsibility for the United Nations for its refusal to act and negligence to act.
In this case, the issue is much more crucial because the security of the residents would be endangered as a result of Mr Kobler’s illegal act of involving the Iranian regime in their fate. Similarly he should be held accountable for facilitating the forcible eviction of Ashraf residents.
Prior to this, Mr Kobler was questioned by residents, their lawyers, the International Committee in Search of Justice and many advocates of human rights and the rights
of asylum seekers on his visit to Tehran and his talks with the mullahs’ Gestapo about the fate of Ashraf residents, the remarks by al-Maliki’s National Security Advisor on April 24 about coordination made between him and Danaifar and other officials of the Iranian regime on the closure of Asharf, and also the January 22 and 24 remarks by Danaifar about discussions held with him regarding the residents of Ashraf. However, regrettably this conduct has been going on until today.
In a letter to Mr Kobler on October 7, we asked him to immediately and publicly rebut and condemn the remarks by Iranian regime ambassador if they are not genuine, and to pledge that from now on he would not discuss the fate of Ashraf and Liberty residents with the Iranian regime. We also asked him to immediately indicate in details what he has discussed regarding Liberty and Ashraf residents and specifically what information he has provided to the Iranian regime ambassador on the matter including on the residents’ resettlement to third countries if the above remarks are true.
Eight days later, we have not yet received any reply to our demand. This is extremely worrying and doubtful. Therefore, the ICJDA urges the UN Secretary General and other relevant international officials to end Mr Kobler’s attempts for involving the Iranian regime in the fate of its opponents and to appoint a competent representative for Ashraf and Liberty to be accepted by all parties.
International Committee of Jurists in Defence of Ashraf