Legal Status of Ashraf residents

Legal Status of Ashraf residents

In the aftermath of US invasion of Iraq in 2003, and voluntarily consolidation of arms and personnel of PMOI in Camp Ashraf, various US agencies, including the State, Defense, Justice, Treasury, and Homeland Security Departments as well as the CIA, FBI, and Defense Intelligence Agency, investigated the Camp Ashraf residents. The 16-month investigation included exhaustive interviews with each resident. American investigators concluded there was no evidence that any of the residents had ever committed an act of terrorism. Based on the results of the investigation, Coalition Forces officially recognized residents of Camp Ashraf as “protected persons” under the Fourth Geneva Convention.

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 Agreement signed by every each PMOI member. Subsequent to that, the MNF-I issued "Protected Person"-Card to each PMOI member
 Proclamation of PMOI members' status as "Protected Persons" under Fourth Geneva Convention by MNF-I Commander

In a letter dated July 21, 2004, by the US Deputy Commander in Iraq to the people of Ashraf, Major General Geoffrey Miller stated that the decision to recognize Camp Ashraf residents as protected persons “sends a strong signal and is a powerful first step on the road to [their] final individual disposition.”

In a letter to Camp Ashraf residents on October 7, 2005, Major General William
Brandenburg, on behalf of Multi-National Force-Iraq (MNF-I), reaffirmed the “protected persons” status of the residents and reviewed in detail their rights and protections under international law, including that “they have the right to refuse to return to their country of nationality, regardless of their legal status in the country in which they are protected.” Major General Brandenburg went on to reaffirm that these rights “cannot be renounced, either by the Residents of Camp Ashraf or by Coalition Forces.” This restatement of their rights was drawn from the Fourth Geneva Convention.

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External Links

Two Misguided Reports

    On 18 May 2005, the US based Human Rights Watch (“HRW”) issued a 28-page report (“the HRW Report”) concerning the People's Mojahedin Organisation of Iran (“PMOI / MEK”).  Entitled ‘No Exit: Human Rights Abuses Inside the MKO Camps’, the HRW Report was essentially based on 12 hours of telephone interviews with 12…
  • Courting Disaster, A response to Rand report on People’s Mujahedin Organization of Iran
    Courting Disaster, A response to Rand report on People’s Mujahedin Organization of Iran
    The RAND National Defense Research Institute published in July 2009 the report The Mujahedin-e Khalq: A Policy Conundrum for the Multi-National Force-Iraq, Task Force 134 (Detainee Operations). The report focuses on the circumstances surrounding the detention of the Mujahedin-e Khalq (MeK) at Camp Ashraf and “whether MeK members were taken into custody…