SECOND REPORT BY LEGAL REPRESENTATIVES OF CAMP ASHRAF RESIDENTS STATE OF CAMP LIBERTY AND IMMEDIATE NEEDS OF ITS RESIDENTS

Introduction: 1. On Friday 17 February, following agreements between the UN Secretary Generals Special Representative in Iraq (SGSR) and the Government of Iraq (GOI), 400 residents of Camp Ashraf were transferred to Camp Liberty (CL) without the minimum required assurances and in circumstances where they felt extremely pressured into transferring. Repeated request for an advance visit to CL by Ashraf residents were rejected by the GOI and the SGSR. Not even the lawyers of Ashraf residents were given access to CL. During the transfer, inspections of residents took 11 hours and this was after they had spent 24 hours in the process of having their belongings checked and loaded onto trucks. During this period, some Iraqi forces subjected the residents to insults, harassment and intimidation. Having arrived at the entrance of CL after a 48 hour ordeal, Iraqi officials once again insisted on inspecting the residents and their belongings. However, the residents objected. CL lacks the bare minimums and the conditions in the site are atrocious. It would now appear that the 400 Ashraf residents were deliberately misled and pressured into transferring to CL. As the legal representatives of residents of Ashraf and now CL, we seek clear and detailed explanations from the United Nations and UNAMI, as the parties responsible for the transfer.

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Camp Liberty does not meet human rights standards: 5. CL is situated in the middle of a military garrison. The residents do not have freedom of movement, as entry and exit to the camp is completely controlled by the Iraqi army. The camp is also surrounded by walls. Legal representatives of the residents have been denied access to CL and their clients. Families of the residents cannot visit them in CL freely. Powerful cameras have been installed at multiple locations in the camp to monitor all movements. On the western flank of CL alone, where residents will be living, 7 surveillance cameras have been installed. The cameras remove all privacy for the residents. This is particularly troubling for women, especially in circumstances where doors to sleeping trailers, toilets and showers all open into an open area controlled by these cameras. Surveillance and eavesdropping equipment have been installed around living areas that cover all of the camp. Inside the camp, Iraqi police are stationed in 5 locations. The main police station is situated near the residents living area. A station has also been set up at the south entrance of CL and two other stations near the living area. In each of these stations a number of armed Iraqi forces are present. Furthermore, there is a control point with 3 armed police personnel on the way to the dining area. The residents are therefore controlled 24/7 and they have no personal privacy. CL is a prison, which is in very poor condition and does not meet human rights standards.

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Camp Liberty does not meet humanitarian standards: 13. Latest reports from CL indicate that the situation there is much worse than expected. The trailers lack the most basic necessities and are so filthy that they are practically uninhabitable.

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It was for this reason that on the first night when the residents entered CL, they accepted the cost of the buses staying for an additional day in order that they could stay in the buses overnight and clean up the trailers and CL the following day. CL has no drinking water and the residents are obliged to purchase bottled water. This is while they have no right to commute outside CL. There is also no running water or water for washing. Again, incredibly the residents are obliged to provide that themselves through contractors. CL lacks sufficient electric power and therefore it is without power during the night. Many electric wires have been removed from the trailers and basic items inside them (e.g. cupboards) are broken and unusable. Other items such as mattresses are filthy and unhygienic. Despite this, the residents were prevented from bringing with them from Ashraf items such as cupboards and mattresses. CL lacks any sewage system. In fact, the sewage is open and represents a risk to the health of the residents. CL is very dirty and full of garbage. CL covers an area of 600 sq m and consists of 7 sections. In each section there are 100 trailers and each trailer contains 2 rooms. There are no other facilities inside these trailers such as showers, toilets or basic kitchens. CL has no facilities for recreation, sports, education or the like. CL is far removed from international standards.

Despite commitments made to residents, the United Nations does not have 24/7 monitoring 21. 22. 23. The UN had committed to have 24/7 monitoring in CL. However, there is no such monitoring. The UN monitors are stationed in a building 1 kilometre away from CL. They are stationed in that building from the morning until before sundown, at which point they leave. The monitors enter CL only with permission from Iraqi forces and after passing through Iraqi check-control stations. After sundown, when the monitors leave their place of work, they have to pass through numerous control posts to enter CL. While the Iraqi police force is present inside CL, UN monitors are situated outside CL.

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Ashraf residents have been misled 25. Ambassador Kobler, without the agreement of the residents of Camp Ashraf signed a Memorandum of Understanding with GOI. The residents made clear that the MoU does not take account of and nor does it reflect their rights. In a letter directed to the residents of Ashraf on 28 December 2011, SGSR admitted that due to time constrains, it was not possible to attend all your requests. He added, I am aware of your requests for personal privacy of, especially women. I am continuing my efforts with GOI in this regard to make appropriate arrangement with GOI But in practice, since that date the SGSR has not only not taken account of and addressed the residents reasonable requests, but in a troubling move on 31 January 2012, he claimed that CL meets humanitarian standards. SGSR claimed that his conclusion is based on a technical report by a shelter expert, which states that CL has the necessary infrastructure. An in-depth study of the report, shows that despite all efforts to show CL in a positive light, the camps non-adherence with human rights and humanitarian standards is evident.

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The SGSR published pictures that did not portray the realities in CL. Only after the 400 residents arrived at CL has it become clear that the claim that CL meets international standards was misleading. No doubt that is why GOI and SGSR denied the residents and their legal representatives access to CL before the transfer. Many political personalities in the United States and Europe, in addition to NGOs and Parliamentarians also demanded the right to visit CL, but none were permitted to do so. In fact, the SGSR admitted that if an advance team goes to inspect CL, the residents would not agree to transfer there.

Report by shelter expert 31. The National Council of Resistance of Iran announced that based on its information, the shelter expert had submitted his draft report to SRSG for correction before its release. This must have been a technical report. The NCRI information has not been denied so far by the shelter expert or SRSG. The shelter experts report states that the assessment of the camp was made together with GOI. For instance it states, A final joint technical assessment (commissioning) of Section 1 with Col. Sadiq and Col. Haki was carried out on the 28th of January. Sadiq is one of the commanders of the attacks on Ashraf residents in July 2009 and April 2011. The report states that sections 2 to 7 of CL are not in a habitable state. Therefore, according to the report, in the view of the shelter expert and the GOI representative only one section out of 7 is usable. The report admits that there is no drinking water in CL and not even service water. Instead, it states that, Potable (drinking) water will be supplied in form of bottled water by the residents and Service water will be supplied by contractors. It also claims that this has been stated in the MOU signed by Martin Kobler. The report claims that Each section is autonomous with generator sets, water tanks and sewage disposal tanks. This is misleading, as it does not say whether there is water in the tank and does not determine if it is possible to discharge the sewage. In any event, the facts reveal that there is no water and there is only open sewage. According to the report, dining facility is available with seats for more than 700 people. It is not clear how the SRSG had claimed that the facility has the capacity for taking 5,000 people. The report states that Health centre facility structure is in place for in and out patient but It is foreseen that the equipment for the health center will be brought in by the residents. This is simply not accurate and is misleading. The fact is that there are no medical services in CL, but an empty building described as a health centre. As to laundry facilities, it is claimed that Laundry buildings are available but further adds, It is foreseen that these are being made functional again once the first group of 400 persons are accommodated. What is claimed to exist is not functioning. This becomes even clearer when it adds, Laundry machine and related equipment will be brought by the residents. It has also been claimed that there is plenty of open space providing ample possibilities for exercise and recreation. In reality, there is no recreational space or possibility for exercise in CL. In the conclusion it is stated that the sole functioning of the heating / air conditioning units does not necessarily indicate that these are in proper working condition. Fact is that maintenance is required for all of them. While the electrical generation and water delivery equipment was functioning at the time of the visit, we cannot conclude that it will remain in functioning order without regular maintenance.
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The report also states it is understood that infrastructure for disabled persons, such as ramps, stairs, and sanitary facilities should be made available / constructed by residents, and therefore it is recommended that disabled persons are relocated once these facilities are in place.

Necessary and important measures 42. Removal of the police station from inside the camp and recognition of the privacy of female residents. While entrance and exit from CL is strictly controlled and the residents have no freedom of movement, it is unjustified to station police within such a small area under the pretext of sovereignty. Immediate removal of all surveillance cameras and eavesdropping devices that are installed in CL in total violation of the most fundamental rights of the residents. Recognizing the freedom of movement and access to lawyers for all residents at CL All shortages in CL must immediately be overcome including drinking water, service water, electricity, hygiene related services and others. The residents must without delay be permitted to bring all their property from Ashraf to CL, including their passenger and utility vehicles. While the residents are expected to provide for most of the shortcomings in CL and are also responsible for repairs and maintenance, they must be allowed to bring all their necessary belongings and equipment to meet these tasks. Refusing the residents such permission will constitute an ongoing violation of their rights. The United States and the European Union must take immediate steps to resettle the first 400 residents who have arrived in CL.

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Lawyers recommendation 48. As the legal representatives of the residents of Ashraf, we have strongly advised that no more Ashraf residents should be transferred to CL. The camp severely lacks the minimum living standards. Any attempt to transfer any further of our clients to CL will amount to forcible relocation and will therefore be in breach of international law.

24 February 2012

Masoud Zabeti Partner Mishcon de Reya

Direct Tel: 020 7440 7047 Direct Fax: 020 7831 3487 E-mail: masoud.zabeti@mishcon.com

Professor Guy Goodwin-Gill Barrister Blackstone Chambers

E-mail: guygoodwin-gill@blackstonechambers.com

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