Good afternoon, Chairman Reid, distinguished members of the Subcommittee on International Human Rights, ladies and gentlemen.
I am grateful for the opportunity to speak with you today about the dire need for the protection of the 3,100 individuals currently detained in Iraq's substandard prison camp near Baghdad, called Camp Hurriya, also known as Camp Liberty.
All of the residents of Camp Liberty previously resided in Camp Ashraf.
I'd like to begin by thanking the subcommittee for its ongoing commitment to providing an essential forum for exposing the human rights violations that have been committed against the residents in Camp Ashraf, and now Camp Liberty.
Today I want to first provide you a very brief overview about who the residents are. Second, I'll talk about the chain of events that have led to the current situation whereby thousands of people were transferred from Camp Ashraf to Camp Liberty. Third, I'll detail the September 2013 assault on Camp Ashraf, of which I conducted a highly detailed assessment on behalf of a German NGO called Rights for Migrants. Fourth, I'll talk about the most recent developments in Camp Liberty, including a further December 2013 rocket attack, and lastly I'll highlight what I think Canada might be able to do most effectively to help secure rights for the residents of Camp Liberty.
As you're aware, the residents who live in Camp Liberty are of the People's Mojahedin Organization of Iran, or PMOI, an Iranian political organization devoted to replacing the current Iranian regime with a secular and democratic government.
Since its establishment in 1965, its members have suffered sustained persecution, including regular detentions and executions in Iran. Even after the 1979 revolution and removal of the shah, they continued to be targets of violent attacks, which is what ultimately led them to relocate to Iraq where their members could continue their campaign for freedom and democracy against the Iranian theocracy, including by conducting armed attacks against the Iranian military and government targets.
After coalition forces invaded in 2003, the U.S. military occupied Camp Ashraf; the residents gave up their weapons; the U.S. government conducted security assessments on each of them; and ultimately coalition forces designated each resident as a protected person under the Fourth Geneva Convention.
In return for giving up their weapons and signing, individually and collectively, statements renouncing all violence and terrorism, residents were promised protection by coalition forces until their final status was determined.
In 2009 coalition forces withdrew from Iraq and the U.S. transferred responsibility for the protection of the residents to the Iraqi government. Since then the residents have suffered from numerous abuses at the hands of the Iraqi government. Camp Ashraf and Camp Liberty have been attacked six times in the last five years, with more than 100 people killed and hundreds more wounded.
As I previously mentioned, on September 1, 2013 the Iraqi government carried out or facilitated a massacre directed against the 101 residents remaining at Camp Ashraf who had been left behind to watch over their remaining property. At 5:15 a.m., approximately 120 men dressed in military uniforms, carrying AK-47s with silencers, and loaded up with armour-piercing bullets, pistols, and explosives engaged in a coordinated assault against the camp residents.
For two hours the Iraqi attackers scoured the camp, searching room by room, killing 52 with coup de grâce shots to the head. Many residents were handcuffed before being executed. Millions of dollars' worth of property was destroyed. The attackers seized seven hostages—six women and one man—and forcibly transported them outside of the camp, leaving behind a scene of destruction. The remaining 42 residents managed to survive the attack by hiding or escaping.
On behalf of a German NGO, Rights for Migrants, I interviewed all the survivors via Skype individually, looked at Google mapping technology to understand the distances between various points within the camp itself, and produced a highly detailed report analyzing what had taken place.
After initially acknowledging its role in the attack and the abduction of hostages, the Government of Iraq now denies its involvement in the attack and any knowledge of the hostages' whereabouts, although reports suggest they had been moved to a detention centre near Baghdad.
Despite this denial, eyewitness accounts place the Iraqi police at the scene and indeed there are some 1,200 plus Iraqi police and military inside, outside, and around the camp, making it completely implausible that anybody would not notice such an attack taking place. In fact, there are numerous accounts of eyewitness testimony that made clear that the guards at the various guard posts through which the attackers entered opened the gates for them to enter and facilitated their entry.
Other attacks on Camp Ashraf in 2009 and 2011, which killed dozens and wounded many more, were actually acknowledged by the Government of Iraq to be committed by its own forces. But even if none of this direct evidence or pattern of practice existed, Camp Ashraf is indisputably an Iraqi prison camp on Iraqi sovereign territory, and the Government of Iraq had exclusive jurisdiction and responsibility to protect these people.
Today roughly 3,100 live in Camp Liberty, in poor conditions, with limited security protections. Unfortunately, the international community has done very little to address their needs. It's been two years since UNHCR began processing their claims for asylum. So far not a single resident has been granted refugee status. The vast majority of the residents have now been given the designation of persons with international protection needs, IPNs, which is a lesser status that only prohibits their refoulement to Iran and that removes ordinary channels through which actually designated refugees in danger could be resettled. UNHCR reports that it expects the remaining residents will also be designated IPNs.
To be clear, this means that without any accusations actually having been made against the residents and without any opportunity having been given to them to respond, UNHCR has determined that it's unwilling to certify that the residents en masse have not engaged in illegal acts of violence. Such a conclusion is inconsistent with international refugee law, including the requirement to determine each person's refugee status individually, and the presumption against using group affiliation to disqualify a person for refugee status.
To be clear, given that historically the PMOI directed its attacks against Iranian government and military targets, such acts would not be illegal under international law, and any claims that they've done otherwise have been refuted by credible evidence put forward by a range of other experts.
Belying the challenge of resettling IPNs, only 10% of the population has been resettled in the last two years and there are no prospects of a major resettlement forthcoming. As the remaining residents hope to be resettled, the Government of Iraq continues to deny them security protection. The residents are forced to live in thin paper-walled trailers and they have no protective shields against missile attacks. Although several agreements have been forged between the international community and the Government of Iraq for the delivery of more protective walls and bunkers, which the residents themselves have to pay for, only a small number have been delivered and the government has prevented their delivery from continuing.
Furthermore, the residents have been subjected to ongoing harassment and threats of future violent attacks. Harassment, among other tactics, includes delaying patients trying to go to the hospital, resulting in a loss of appointments with specialized doctors; holding deliveries of food at the entrance of the camp for several days until it's partially rotted; refusing to allow the residents to obtain their own forklift to lift heavy goods, and thus forcing them to carry them with their bare hands; and refusing to allow septic trucks to leave the camp to discharge collected sewage.
Despite international commitments to protect the residents of Camp Liberty, the Iraqi government has also prevented the entry of protective gear, including vests, helmets, sandbags, and other forms of protection, rendering the residents basically defenceless against attacks. Thus the camp remains void of basic security protection, especially from Iraqi-led assaults.
Less than two months ago, on December 26, 2013, there was another missile attack on Camp Liberty, killing 3 and wounding 71. The UN and the EU have condemned this attack and have called for the international community to intensify its efforts to find resettlement opportunities outside Iraq. The Government of Canada has also condemned these attacks and has been very vocal publicly, making clear that the international community has a duty to respect its obligations to these people.
Based on the evidence of numerous Iraqi-led and/or facilitated attacks and the current conditions in Camp Liberty, the Government of Iraq has committed numerous violations of international law, including crimes against humanity under customary international law binding on all states as well as the provisions of three treaties to which Iraq is a party: the International Covenant on Civil and Political Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Fourth Geneva Convention.
Iraq has not only violated the residents' right to life, to be free from torture, and to be free from arbitrary detention, but has also consistently failed to protect the residents who were designated protected persons under the Fourth Geneva Convention. Beyond my own legal assessment of the situation, the UN Working Group on Arbitrary Detention, a body of the Human Rights Council, has issued two opinions that found that residents were being held in violation of international law.
In full disclosure, at the time, I was representing the residents and took one of those cases myself to the working group.
It's clear that, especially because the residents are in an Iraqi prison camp, they are not safe in Iraq. I'm here today not only to explain what they've suffered but to urge the Canadian government and the international community to intervene to assist the residents. Regardless of who carried out the attacks, it is undisputed that innocent people have been routinely killed or executed and forced to live in unsafe and insecure conditions. Given the ongoing violations of international human rights law, along with the residents' lack of safety and security, urgent action must be taken.
Unfortunately, many states have been hesitant to allow the residents of Camp Liberty to resettle in their countries, deferring to the responsibility of the United States, which, regrettably, has not resettled any of them.
While the unwillingness of the U.S. to fulfill its commitments to the residents is troubling, it does not discharge other countries from considering action on a humanitarian basis to save these human lives. Even if, like Canada, you were not part of President Bush's coalition of the willing, which invaded Iraq in 2003, it remains undisputed that the residents have been internationally recognized as protected persons and asylum seekers, that they're unarmed and defenceless, and that for five years they've been detained in Iraqi prison camps.
There's no doubt, of course, that there are millions of people around the world suffering from ruthless and authoritarian dictatorship. One only need highlight Syria as a great illustration of that phenomena, let alone look to countries like North Korea, Sudan, and others. But it's actually a small sliver of a percentage of that much larger number where the international community has made specific actionable commitments to protect a population on which it has failed to deliver. Such inaction in the face of crimes against humanity, committed against populations we have specifically and unequivocally committed to protect, undermines all people's confidence in commitments made by all governments on human rights.
To conclude, and to address this terrible situation, I'd respectfully suggest that the following steps be undertaken.
First, it's worth noting that Canada has taken a leadership role globally in standing up to the abuses committed by the Iranian regime. The PMOI members in Camp Liberty have been at the vanguard of this struggle. The best way, in my view, to maintain a strong position with Iran would be for Canada to allow at least several hundred of them to resettle here. It is clear that rapid resettlement of the residents of Camp Ashraf, now Camp Liberty, is the only way to guarantee their safety and security. By taking such a humanitarian gesture, the Canadian government could both save lives and send a clear signal to Tehran about that government's illegitimacy.
Second, I urge the Canadian government to speak out about the Iraqi government's blatant disregard for human rights and to pressure the international community to make serious and meaningful commitments to resettling the residents abroad.
Finally, it's equally important now, especially given the deal among the great powers on Iran and its nuclear program, for Canada and the rest of the international community to continue to make clear that even if we do see progress on addressing the nuclear questions, which is something that we all aspire to—it remains an open question, of course, as to whether that progress will actually be achieved—for Iran to be welcomed back into the community of nations, it will need to stop its sponsorship of terrorism, including its ongoing support for Bashar al-Assad in Syria; stop funding terrorist organizations like Hezbollah and Hamas; stop making statements inciting genocide directed against Israel; and stop the myriad of ongoing human rights abuses directed at its own population that are designed to terrorize its people, especially women and minorities but also human rights defenders, lawyers, and political activists, among others.
Thank you again for hosting this important conversation. I'm happy to answer any questions you might have at the appropriate time.