The International Committee In Search of Justice (ISJ), comprised of 4,000 parliamentarians, welcomes the Spanish National Court’s summon for the commander of the bloody July 28-29, 2009 attacks on Camp Ashraf, and supports the call of the PMOI for summoning all the perpetrators of this crime to the court for a fair persecution and punishment, regardless of their posts and offices. While congratulating Ashraf residents, who with their laudable resistance and endurance, brought about such a great victory for their people and Resistance, the ISJ underlines the followings:
Firstly- The court endorses the fact that Ashraf residents are protected persons under the Fourth Geneva Convention and their rights must be recognized by all parties in this context. As the court ruling states, “in conformity with the Rome Statute of the International Criminal Court of July 1998 ‘grave breaches of Geneva Convention’ constitute ‘war crimes’.”Secondly – The inhumane siege imposed during the past two years on Ashraf by Maliki and his forces, and the 11-month –long psicological torture being enforced on the residents through 140 extremely powerful loudspeakers and cruel medical restrictions which has led to the death of a number of residents to this day, are all considered “grave breaches of Geneva Convention” constituting “war crimes”. The operatives and perpetrators behind these measures – consisting of all the state and military hierarchy involved in these crimes – must be handed over to justice, in particular the committee known as the “Committee to Close Down Camp Ashraf” that is the main element behind all these crimes must be annulled and its officials turned over to judicial authorities.
Thirdly – The ruling shows that in Iraq’s current conditions, there is no righteous judicial system in Iraq for the PMOI and Ashraf residents. Therefore, Spain’s National Court has assumed the responsibility to follow up this case. This represents the validity and the legitimacy of the continuous demands expressed by Ashraf residents, the International Committee of Jurists in Defence of Ashraf (ICJDA), the ISJ and other international authorities regarding the necessity of referring Ashraf’s dossier to an impartial international legal authority such as the Spanish court and the International Humanitarian Fact-Finding Commission.
Fourthly- The ruling well reaffirms the fact that the Government of Iraq lacks slightest intention and competence to protect the residents of Ashraf, and thereby, according to Article 45 of the Fourth Geneva Convention, the US is bound to reassume the protection of the camp and by providing necessary protection, guarantee permanent presence of a UN monitoring team in Camp Ashraf.
Fifthly – Under current circumstances that the Ashraf residents are subject to such imminent and dreadful dangers and are facing such a cruel, bloodthirsty and outlaw authority, the UN must undertake its responsibilities in this regard and must establish its direct and permanent monitoring in Ashraf.
Sixthly- Without a doubt, any crime perpetrated against Ashraf originates from Tehran. Maliki, in return to gaining Tehran’s support for his Premiership, made obligations to suppress the residents of Ashraf. Khamenei, Iranian regime’s Supreme Leader, openly and officially asked Maliki to expel Ashraf resident. Therefore, the regime’s officials, in addition to being accused of perpetrating crimes against humanity for the execution of thousands of political prisoners, are considered war criminals for carrying out killings against Ashraf residents and seriously breaching Geneva Conventions, and must be brought to justice.
ISJ will exhaust all its power to achieve the abovementioned goals.
Vice President of the European Parliament
President, International Committee In Search of Justice (ISJ)
January 4, 2011
Please note : A statement by Dr. Juan E. Garcés, an international lawyer from Spain defending the rights of Camp Ashraf residents at the Spanish National Court is attached.