36 MEK DETAINEES RETURNING TO ASHRAF AFTER DEAL

C O N F I D E N T I A L BAGHDAD 002703

SIPDIS

E.O. 12958: DECL: 10/07/2019
TAGS: PTER PREF PREL PINR PHUM IR IZ
SUBJECT: 36 MEK DETAINEES RETURNING TO ASHRAF AFTER DEAL
WITH GOI

REF: BAGHDAD 2678

Classified By: Acting DCM Gary A. Grappo for reasons 1.4 (b) and (d).


1. (C) The 36 detainees from the Muhajideen-e Khalq are set
to return to Camp Ashraf on October 7 after agreeing to a
deal with the GOI. In a meeting on October 6, the Minister
of Human Rights Wijdan Selim and Ashraf Committee Chairman
Ali al-Yassery told the Embassy, UNAMI, and ICRC that the GOI
was offering the 36 Muhajideen-e Khalq (MEK) detainees
currently located at Muthana Airfield in Baghdad the
opportunity to return to Camp Ashraf. Selim stated that a
return to Ashraf was contingent on each detainee signing an
agreement in the presence of the ICRC in which he/she
pledges: (1) to appear in Iraqi court whenever summonded and
(2) to abide by the October 1 deportation order to leave Iraq
as soon as arrangements with a third country can be made.
(Note: The deportation order itself does not state that
deportation is contingent upon third country agreement,
although this is how GOI officials represent it. End note.)
The Minister said each note must be countersigned by the
MEK's legal advisor at Camp Ashraf (something she said he was
prepared to do) and that failure to acquire both signatures
would mean that the detainees would remain at the Muthana
detention facility.


2. (C) Selim stated that the GOI was making the offer because
the situation of the 36 detainees was critical on account of
their prolonged hunger strike and that the GOI wanted to
demonstrate how humanely it was treating the detainees to the
international community. She underscored that the GOI had
applied all appropriate international laws to these detainees
and reiterated the GOI's commitment not to send the detainees
to Iran, but rather to any country of their choice. Yassery
then showed Poloff a memo signed by the PM authorizing that
the deal be offered to the detainees. Selim requested that
UNAMI and ICRC travel to Muthana to witness the offer and to
confirm that no one signed under duress. On October 7, the
Ashraf Committee Legal Advisor, Haqi Ismael, told Poloff that
all detainees had signed the agreement and would be returned
to Ashraf the same day.


3. (C) ICRC representative Hicham Mandoudi (strictly protect)
stated that the ICRC had a representative stationed at the
Muthana facility monitoring the detainees and would be
present as the offer was made. Mandoudi said that he had
visited the Muthana facility on October 5 and explained to
the detainees the consequences of being on a dry hunger
strike and tried to convince them to at least have water. He
complimented the GOI on its handling of the 36 detainees
saying that they had provided them food, water, beds,
mattresses and that the guards were very professional. He
said that the ICRC welcomed the deal that the GOI was
offering to the detainees and that the ICRC would be present
should the GOI transfer the detainees back to Ashraf. Selim
requested that the ICRC also sign the promisary notes between
the MEK and GOI as witnesses in order to prevent the MEK from
making the accusation that they were signed under duress.
Mandoudi declined saying that the ICRC would be present, but
could not appear as a party to the agreement.


4. (C) UNAMI Chief Human Rights Officer Tahar Boumedra also
complimented the GOI on its proposed offer and stated that he
was satisfied with the GOI's handling of the detainees when
he visited them at Freedom Base in the international zone on
October 4 (reftel). Boumedra said that the UN is already in
contact with third countries to try and find them a new home.
Yassery asked Boumedra to issue a public UNAMI report that
Q Yassery asked Boumedra to issue a public UNAMI report that
would detail how well the GOI had handled the detainees.
Boumedra agreed to this request, but did not specify a
timeline.
HILL