UPDATE ON MEK TRANSFER

S E C R E T SECTION 01 OF 03 BAGHDAD 003445 SIPDIS E.O. 12958: DECL: 10/28/2018 TAGS: PHUM PTER KJUS PINS PREL UN IZ SUBJECT: UPDATE ON MEK TRANSFER REF: A. BAGHDAD 2658 ¶B. BAGHDAD 2946 ¶C. BAGHDAD 3320 Classified By: PolMil MinCouns Michael Corbin for reasons 1.4 (b) and ( d) ¶1. (S) Summary: In preparation for the transfer of security authority from the USG to the GOI for the Mujahedin e-Khalq (MEK) at Camp Ashraf, the USG is encouraging MEK leaders to begin planning for the transition and pressing the GOI to formulate a plan for when it takes over responsibility. A GOI inter-ministerial committee concerned with the transfer of security responsibility for Camp Ashraf finally met October 23 under the leadership of the Ministry of Defense. An Iraqi Police Battalion and a new Iraqi Army unit arrived recently at Camp Ashraf to help provide perimeter security and had an initial operational coordination meeting on October 25 with U.S. Military Police leadership. ¶2. (S) Summary Cont: A USG delegation and the UNAMI Human Rights Office Acting Chief visited Ashraf on October 19 to discuss with MEK leaders their legal status and initial steps for a transfer. The Under Secretary of Defense for Policy (USD-P) also visited FOB Grizzly to be briefed on the Camp Ashraf situation by MNF-I and Embassy officials. The MEK and a delegation of four EU parliamentarians were worried about the transfer and did not believe the GOI would uphold its humanitarian assurances. An additional EU delegation is expected to arrive the first week of November. UNAMI will continue to monitor the situation and pressure the GOI to adhere to all assurances. PolMil MinCouns met with ICRC head of Iraq delegation Juan Pedro Schaerer on October 21 ahead of the second ICRC visit to Ashraf, which began October 28. End Summary. ¶3. (SBU) A USG delegation, including PolMil MinCouns, Task Force 134 (TF134) Commanding Officer, Embassy Legal Adviser and EmbOffs, and UNAMI Human Rights Office Acting Chief Olivier Bercault visited Ashraf on October 19 to discuss with Mujahedin e-Khalq (MEK) leaders their legal status and initial steps for a transfer. Four EU parliamentarians, who had come to visit the MEK a few days earlier, met with Bercault and PolOff. USD-P Eric Edelman also visited FOB Grizzly October 19 to be briefed on the Camp Ashraf situation by MNF-I and Embassy Officers. -------------- ARRIVAL OF NEW IA BATTALION -------------- ¶4. (S) The 3-37 Iraqi Army (IA) Battalion (BN) of the 9th IA Brigade (BDE) arrived at Camp Ashraf from Anbar Province October 19 to relieve the 1st BN of the Baghdad BDE. Leadership from the new IA BN, the Iraqi Police (IP) BN, and the U.S. 519th Military Police (MP) BN held an initial joint operational coordination meeting on October 25. ¶5. (S) During the coordination meeting, it was explained to the Iraqi units that a "tactical pause" was underway due to negotiations being conducted between the GOI (including the Minister of Human Rights, the Minister of Interior, and the Minister of Defense) and the USG regarding: - The level of security that will be provided to the MEK by the GOI. - Who will provide internal and external security. - What written assurances the GOI will deliver to the MEK. - What the visitor process at Ashraf would be. - Whether the MEK would be allowed to continue to employ locals. - Whether the MEK would be allowed to conduct contracting. ¶6. (S) Both Iraqi units noted that their orders were to secure the outer perimeter of Camp Ashraf and to ensure the safety of the Camp Ashraf residents. The "tactical pause" will continue until the transfer of IA units is complete and USG policy regarding control of the "Grizzly Checkpoint" is determined. -------------- MEK WORRIES -------------- ¶7. (S) All parties, excluding the EU delegation and USD-P, BAGHDAD 00003445 002 OF 003 met to discuss the MEK's legal status and plans to proceed with the transfer. The MEK leaders, however, continued to question the reality of the transfer and were visibly afraid of the mechanics of the transfer, particularly any role for the IP. They stated, as their "redline," that they would not accept IP manning the "Grizzly Checkpoint" currently manned by MP's under TF-134 and were very concerned that the IP would set up a new checkpoint on the road to the camp. The MEK argued that Camp Ashraf is not an Iraqi entity but is more like a diplomatic enclave. The leaders are willing to meet with more GOI officials to discuss their legal status and asked for a copy of the GOI's humanitarian assurances for the MEK. PolMil MinCouns and Legal Adviser questioned any separate legal status for Camp Ashraf, and together with the TF134 Commander, stated that the USG is working with the GOI to coordinate the transition of security for the camp and is pressing the GOI to uphold all its agreed-upon assurances. ¶8. (S) Regarding the legal status of the MEK members, UNAMI Human Rights Acting Chief Bercault told the MEK leaders, in strong terms, that while the international community is focused on Camp Ashraf, the MEK "must make compromises," or its situation will be almost impossible. For example, he said that he believed that UNHCR would not be willing to consider Camp Ashraf residents for possible refugee status unless they renounced their membership in the MEK. The MEK must understand, he said forcefully, that some in the GOI wanted to see Ashraf as a "detention camp" for those they view as hostile Iranians who have no legal status in Iraq. He and his colleagues in the international organizations were working to help the humanitarian aspects of the Camp Ashraf residents, but the MEK's political and unfounded legal positions (even if wrongly advocated by some international jurists) did not help them. For example, international organizations such as UNHCR needed to balance support for Camp Ashraf residents, which will upset the Government of Iran, which allows UNHCR access to approximately one million refugees located in Iran. -------------- EU "FRIENDS OF A FREE IRAN" -------------- ¶9. (S) In a surprise maneuver, the four EU parliamentarians stayed long enough to meet with UNAMI during a meeting with the MEK leaders. The parliamentarians told Bercault and PolOff that they were part of the "Friends of a Free Iran" organization, which has 70 members. They reported that they had long-standing ties with the MEK and the National Council of Resistance of Iran (NCRI) organizations and were committed to establishing a democratic Iran. They urged UNAMI to step in and prevent a transfer of security responsibility and warned that the consequences of a transfer could be a second "Srebrenica massacre." They do not believe the GOI will adhere to its humanitarian obligations. Their stated strategy is to lobby the EU, UN, and U.S. Congress to prevent the transfer. An additional EU delegation is expected at Camp Ashraf the first week of November. ¶10. (S) Bercault bluntly said that although he is concerned about the safety of the MEK, there is nothing UNAMI could do to prevent the transfer, particularly when Iraqi sovereignty is at issue. Bercault assured that UNAMI will continue to monitor the situation and will continue to pressure the GOI to honor its international obligations to protect the rights of each individual(ref A). He reiterated, to the annoyance of the parliamentarians, that the transfer will take place and cannot be prevented, and the only realistic thing the EU can do is to put international pressure on the GOI to uphold its obligations. PolOff added that the transfer will take place before the end of the year, and the USG will work closely with the GOI to ensure that the assurances are upheld. -------------- ICRC PERSPECTIVE -------------- ¶11. (C) Ahead of a second ICRC visit to Ashraf, which began October 28, head of the ICRC Iraq Delegation Juan Pedro Schaerer met with PolMil MinCouns on October 21. Laurent Saugy, ICRC Iraq Detention Coordinator, will lead the three-day visit to Ashraf; the first visit occurred in August (refs B, C). Schaerer said ICRC's legal opinion, which it has shared with the MEK and will reinforce in the upcoming visit, is that the Fourth Geneva Convention does not apply to the MEK and that the rights of the individual and the principle of non-refoulement "do not mean a transfer cannot take place." ¶12. (C) Schaerer repeated his concerns that the GOI does not have a plan for the transfer or future control of the BAGHDAD 00003445 003 OF 003 camp. He met with National Security Advisor Muwaffaq Rubaie earlier that day, and Rubaie told him he was the head of the GOI committee on the MEK and would be coordinating all plans. However, Schaerer said he had heard different stories in different ministries. Schaerer recommended that the GOI decide on the legal status of the MEK members and tell the MEK their rights and responsibilities. He said ICRC would be a part of the GOI MEK committee and would provide comments to any GOI statement. PolMil MinCouns thanked Schaerer for coordinating on Camp Ashraf and delivering the consistent message on the MEK's legal status. He asked, and Schaerer agreed, to compare notes following the ICRC visit to Camp Ashraf. -------------- COMMENT -------------- ¶13. (S) The fact that an initial inter-ministerial meeting regarding the transfer of security responsibility for Camp Ashraf and the MEK has finally materialized is a good sign, although we do not yet have a readout. We will follow up with everyone involved at senior levels to get clarity on plans for the transfer and taking over responsibility for the MEK. We will also press for more GOI visits to Ashraf and will recommend the GOI present the MEK with a written set of rights and responsibilities, including the individuals' legal status. A clear transition process will ease tensions in the MEK organization and help prevent any drastic behavior. CROCKER