SRS ON ARBITRARY DETENTION, FREEDOM OF EXPRESSION

UNCLAS SECTION 01 OF 02 GENEVA 002090

SIPDIS

STATE FOR IO/SHA, DRL/MLA

E.O. 12958: N/A
TAGS: PHUM UNHRC
SUBJECT: SRS ON ARBITRARY DETENTION, FREEDOM OF EXPRESSION
AND TORTURE REGARDING ABRAHAM AL-MASHDANI



1. Mission received the following communication from Leila
Zerrougui, Chairperson-Rapporteur of the Working Group on
Arbitrary Detention, Ambeyi Ligabo, Special Rapporteur on
the Promotion and Protection of Human Right to the Freedom
of Opinion and Expression, and Manfred Nowak, Special
Rapporteur on the Question of Torture, regarding Mr. Abraham
Al-Mashdani who is currently being detained at Abu Ghraib.
This communication has been forwarded to IO/SHA via e-mail
and is number 27 on the Geneva 2005 Communications Log.


2. Begin text of letter:

Reference: UA G/SO 218/2 G/SO 214(33-20)
USA 9/2005

2 September 2005

Excellency,

We have the honour to address you in our capacities as
Chairperson-Rapporteur of the Working Group on Arbitrary
Detention, Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression
and Special Rapporteur on the question of torture pursuant
to Commission on Human Rights resolutions 2003/31, 2002/48
and 2005/39.

Permit us first of all to express our most sincere
condolences to your Government and to the families of all
those who lost their life, as well as our solidarity to
those injured and to those who have lost their homes and
livelihoods as a consequence of the terrible flooding and
destruction caused by the hurricane Katrina.

In connection with our above-referenced mandates, we would
like to draw the attention of your Government to information
we have received concerning Abraham Al-Mashadani, a 36-year
old Iraqi freelance cameraman and photographer working for
Routers in Ramadi.

According to information received, on 8 August 2005, he was
arrested by US marines after images of US troops were found
on his videos, cameras and desktop computer. The spokesman
for the US detainee operations in Iraq stated that Mr.
Abraham Ai-Mashadani will not be able to receive visitors
for the first 60 days of his detention, including his family
or a lawyer. No justification for his arrest has been
provided. Mr. Abraham Al-Mashadani is currently being
detained at Abu Ghraib.

In view of his incommunicado detention, concern is expressed
that Mr. Abraham Al-Mashadani risks being subjected to
torture or other forms of ill-treatment.

Without in any way making any determination on the facts and
circumstances of this case and on whether the detention of
the above-mentioned person is arbitrary or not, we would
like to appeal to your Excellency's Government, to take all
necessary measures to guarantee the right of the above named
person not to be deprived arbitrarily of his liberty and to
fair proceedings before an independent and impartial
tribunal, in accordance with articles 9 and 10 of the
Universal Declaration of Human Rights and articles 9 and 14
of the International Covenant on Civil and Political Rights.

Furthermore, we should like to appeal to your Excellency to
seek clarification of the circumstances with a view to
ensuring that the right to physical and mental integrity of
the above-named person is protected. This right is set forth
inter alia in the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights and the
Declaration on the Protection of All Persons from being
subjected to Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. We would also like to draw your
Excellency's attention to Commission on Human Rights
resolutions 2005/39 which remind all States that "prolonged
incommunicado detention or detention in secret places may
facilitate the perpetration of torture and can in itself
constitute a form of cruel, inhuman or degrading treatment,
and urges all States to respect the safeguards concerning
the liberty, security and the dignity of the person."(para.
9).

We should also like to appeal to your Excellency's
Government to take all necessary steps to secure the right
to freedom of opinion and expression of the above mentioned
person, in accordance with fundamental principles as set
forth in article 19 of the Universal Declaration of Human
Rights and reiterated in article 19 of the International
Covenant on Civil and Political Rights which provide that
"Everyone has the right to freedom of opinion and
expression; this right includes freedom to hold opinions
without interference and to seek, receive and impart
information and ideas through any media and regardless of
frontiers".

We urge your Government and the Government of Iraq, to whom
we are addressing an analogous communication, to take all
necessary measures to guarantee that the rights and freedoms
of the aforementioned person are respected.

In view of the urgency of the matter, we would appreciate a
response on the initial steps taken by your Excellency's
Government to safeguard the rights of the above-mentioned
person in compliance with the above international
instruments.

Moreover, it is our responsibility under the mandates
provided to us by the Commission on Human Rights and
reinforced by the appropriate resolutions of the General
Assembly, to seek to clarify all cases brought to our
attention. Since we are expected to report on these cases
to the Commission, we would be grateful for your cooperation
and your observations on the following matters, when
relevant to the case under consideration:


1. Are the facts alleged in the above summary of the case
accurate?


2. Has a complaint been lodged by or on behalf of the
alleged victim?


3. Please provide details of the charges, if any, brought
against Mr. Abraham Al-Mashadani and how these charges, as
well his arrest, are compatible with national and
international human rights norms and standards, including
those of a fair trial in compliance with Article 14 of the
International Covenant on Civil and Political Rights. Please
provide a copy of the relevant national law.


4. Please explain how detaining Mr. Abraham Al-Mashadani
incommunicado is compatible with national and international
human rights norms and standards.


5. In the event that the arrest and detention of Mr.
Abraham Al-Mashadani is found to be unlawful, please
indicate whether, in accordance with international law,
compensation has been provided to him.

We undertake to ensure that your Government's response to
each of these questions is accurately reflected in the
reports we will submit to the Commission on Human Rights for
its consideration.

Accept, Excellency, the assurances of our highest
consideration.

Leila Zerrougui
Chairperson-Rapporteur of the Working Group on Arbitrary
Detention

Ambeyi Ligabe
Special Rapporteur on the promotion and protection of the
right to freedom of opinion and expression

Manfred Nowak
Special Rapporteur on the question of torture

End text of letter.

MOLEY