MKO arrested a lot of people, I and many of my friends- who now live in Europe as refugees- witnessed that. We saw that many of Iraqis were arrested by Mojahedin and were delivered to security services. These people, who were killed by security services, had undoubtedly families and relative who may be now in the new government of Iraq. These people want to know who’s behind their misery. When they investigate they find that the MKO cooperated with the former regime and helped it in it crimes. Now, by this law, these Iraqis want to sue those who have killed their relatives, their sisters and brothers. This is their right
Ali Ghashghavi: Mr. Javaheri Yar, you said that the MKO resorted to expensive, prominent international lawyers to express its opposition to the Iraqi constitution. Can these lawyers change the laws drafted and signed by Iraqis themselves?
Farhad javaheri Yar: I should say no if I want to answer frankly. This law can not be changed. But Iraqi is now under occupation. It’s under the occupation of coalition forces; British and American forces. According to the 4th Geneva Convention, MKO members are now under the protection of US forces and Iraqi constitution can not pass something against international regulations. For instance, it can’t pass apartheid, racism and so on… the existence of contradictions, especially under the bayonets of US soldiers, is unacceptable. Even Iraqi human rights groups are campaigning on whether death sentence should be issued in Iraq or not. So, if the constitution contains contradiction with international regulations, expensive lawyers can be influential. They may be forced, under international pressure, to change this article. They may succeed in changing that part which says “those who have damaged Iraq”, that part which says “those accused”- that part which deal with those whose crime has not been proved- but they won’t be able to change that part which says “those who damaged Iraqi interests”. You know that there are more than 800 mass graves in Iraq. When in power, Saddam Hussein created 2 mass graves each day, especially after leaving Kuwait. There are numerous evidences for this. When the MKO forces had formed a defense line from Daghour region to Mandali, they arrested a lot of people, I and many of my friends- who now live in Europe as refugees- witnessed that. We saw that many of Iraqis were arrested by Mojahedin and were delivered to security services. These people, who were killed by security services, had undoubtedly families and relative who may be now in the new government of Iraq. These people want to know who’s behind their misery. When they investigate they find that the MKO cooperated with the former regime and helped it in it crimes. Now, by this law, these Iraqis want to sue those who have killed their relatives, their sisters and brothers. This is their right. This is natural. MKO oppressed poor Iraqis with the assistance of Saddam’s army, took them out of their villages, shelled their houses in Mandal and Suleiman Bek, destroyed their villages, set their lands on fire, and arrested them in large groups. Now, those people want to get what is their right. MKO should account for what they did. The purpose of this article of the constitution is along with this fact.
Ghashghavi: you said that their lawyers believe that crimes have not been proved. But, as you mentioned, there are evindences according to which the iraqi government can put them on trial. Why the govenment has not done it yet? Is it waiting for a right time?
Javaheri Yar: you are right. Mojahedin-e khalq organization has never terrorist and criminal charges. The only case in which the MKO has been formally accused of torture and murder is the 24-page report of Human Rights Watch orgnaization. But the charges have been proved in no courts. We say taht when the MKO says it has not committed inhuman acts, when there has been no prisons in it, when they have not been involved in killing iraqi people, then why should they fear form this law? If their hands are pure, if they are not afraid of their past, if their history is full of democracy and freedom, then why are they afraid of this law? But this is not true. The fact is that the MKO has been involved in all massacres by former regime. Many were killed, directly or indirectly, by the tortureres of the MKO (namely Nader Rafi Nejad and Hassan Mohasel). There are evidences. The victims were buried in unidentified graves. This is something which can be proved, like the issue of Abu Ghraib. What does the MKO want to do with Abu Ghraib? What about suppressing iraqi people in 1991. Morvarid Operation took only 42 days and the MKO brought the international forces to see that they (MKO forces) have defended themselves. They could cover up the case by claiming that in the war some are killed by friendly fire. but there are undeniable issues like arresing people, delivering them to security services and torturing them. There was cooperation between the MKO and former regime that several dissidents ended up in Abu Ghraib prison. There was a torturer called "Naghib Mohammed" who tortured Iranians in groups of 10. I myself saw the death of an Iranian. He died during the injuries- by beating- and they easily wrote that he has died due to Heart problems. But there are evidences for these crimes. There are iraqi families who know their loved ones were killed by the MKO. This organization was involved in many of the internal clashes in iraq. They exposed many of the opponents and even killed them. They damaged iraq and they can be included under this article of constitution. The MKO has never been charged in courts but fortunately their stances revealed the truth. Even Maryam Rajavi in Paris issued a statement and said that the MKO has never sent anyone to Abu Ghraib and that these are rumors by the Iranian Intelligence Agency. It was amazing. These evidences are available and can be put beside their reactions toward an article of draft constitution. They say that their history shouldn't be reviewed because they know that finally they should stand before the court and answer. MKO and its agents in iraq will be taken to Justice. There are lots of witnesses who can testify. In a fair trial, under the supervision of international communities, everything can be proved. We can locate the places used to torture, we can even specify the date and the people involved. Then, the courts would verify this based on their authority. MKO leadership has no doubt that its crimes will be proven in the case of being tried in court. Therefore, at least the leaders of MKO can't enjoy political asylum.
Ghashghavi: Mr. Javaheri, according to what you said about their crimes and according to the records of MKO, can all the MKO members enjoy the right for getting asylum or is it limited to a number of especial members in the Organization?
Javaheri Yar: the body of the organization, most of members in Iraq, should have the rigth to seek asylum, political asylum. But people like Mr. Nader Rafi' Nejad or Mr. Hassan Mohassel shouldn't get it. They should be imprisoned for the crimes they have committed. They tortured and killed tens of members. The new government should not grant political asylum to former torturers. This is not right. We- as those who have separated from the MKO- can reflect the reality. People like us, who don't have money, who are not backed by prominent lobbies, can take advantage of the open situation in Iraq and in the world to talk and reveal the realities. We say that most of those who went to Iraq to join the MKO were deceived. A number of people close to Rajavi, who committed special acts, should be tried in courts. We say the courts should be held at the venue, in Iraq. Islamic Republic doesn't intervene. Criminals like Nader Rafi' Nejad and Hassan Mohassel shouldn't be extradited to Islamic Republic. They should be tried in iraq. Their punishment should be fair, not like the ones performed by the MKO or former Iraqi officials. They killed people, broke their bones and blinded them. But we don't want to punish them in the same manner they did. They should be judged fairly. They should be imprisoned.
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