A prominent Spanish human rights lawyer announced on December 17 that the Central Investigative Court Number 4 of Spain has declared that Mr. Faleh al-Fayad, the National Security Advisor to Iraqi Prime Minister, Nouri-al-Maliki, is under investigation “for the alleged commission of offences against the international community.” The victims were Iranian dissidents. They were residents of Camp Ashraf and Camp Liberty, and members of the Iranian opposition movement, the People’s Mojahedin Organization of Iran (PMOI/MEK).
According to Dr. Juan Garces, this court ruling has been adopted under the principles of universal jurisdiction conferred upon national Courts of Justice by the Fourth Geneva Convention.
Garces is former advisor to the Director General of UNESCO and personal adviser to former Chilean President Salvador Allende. He is the recipient of the Right Livelihood Award (often referred to as the Alternative Nobel Prize).
Following this order by the Spanish Court, Iranian opposition leader Maryam Rajavi urged residents of Camp Liberty and Iranian expatriates in Washington, DC, London, Berlin, Ottawa, Melbourne, Rome, and Geneva to end their worldwide hunger strike.
Hundreds of Iranians had been on a hunger strike for more than 100 days in an effort to call attention to the attacks that had been perpetrated against the residents of Camp Ashraf, and the fate of seven residents who were taken hostage from Camp Ashraf during the September 1 attack by the Iraqi government.
Despite calling an end to the hunger strike Rajavi vowed that collective action would continue to pursue the goal of demanding protection for the residents of Camp Liberty, as well as freeing the seven hostages
The Spanish Court decided to initiate its investigation of Fayad based on an outstanding complaint against him as a person responsible for grave breaches of the Fourth Geneva Convention (GCIV) and First Additional Protocol. The complaint concerns Fayad’s position as Chairman of the “Ashraf Committee” attached to the office of Prime Minister al-Maliki, In particular, the court ruling, which was obtained by the website Iran News Update, cites Fayad’s “alleged involvement in the massacres of 8 April 2011 and 1 September 2013 of ‘protected persons’ under IV Geneva Convention residing in the city of Ashraf (Iraq),….in conjunction with the reported offences of 35 murders and 337 cases of willful injury on 8 April 2011 and 52 murders and 7 abductions on 1 September 2013, along with torture and bodily harm to Ashraf residents.”
The court document goes on to state that, “On 1 September 2013 the Iraqi military forces surrounding and occupying Ashraf permitted the cold-blooded massacre of 52 residents – of the roughly 100 residents who had not been forced to move to ‘Camp Liberty,’ all with protected person status under the Fourth Geneva Convention. A further seven ‘protected persons’ were abducted during this assault and have yet to be released, and neither have the Iraqi authorities said where they are. Property belonging to the residents was looted, several buildings were destroyed with explosives and one was burned down.”
The UN reporters on December 9 issued a statement which strongly condemned the behavior of the Iraqi Government with respect to the hostages and demanded that it provide immediate clarification.