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