NCRI - While the fourth week of the unlawful detention of Mr. Safar Zakery, a resident of Camp Liberty, on the pretext of a suspicious car accident ends, Nasser Moussavi, the inspector (the investigative judge) of Karkh Court in Baghdad who is a close associate of Maliki is continuing this blatant hostage taking upon absurd pretenses and is placing impractical conditions for release of Mr. Zakery at the behest of the clerical regime.
On Thursday, April 9, after Moussavi interrogated Mr. Safar Zakery in the presence of his lawyers and residents’ legal advisor as Mr. Safar Zakery’s interpreter, Moussavi declared in a decision that as far as the car accident is concerned, the release of Mr. Safar Zakery is made conditional on a bail of 30 million Iraqi Dinars that should be placed by an employee of Government of Iraq that should be a resident of Baghdad.
This decision clearly demonstrates that the aim is nothing but to keep Mr. Zakery in illegal detention at the behest of the Iranian regime because:
1. Nowhere in the world is there any precedence that in a car accident with no serious injuries a driver that is not guilty for the accident be arrested and such a heavy bail be determined for his release while, at the same time, the driver that is guilty for the accident is not detained for even a single day. This is nothing but the law of the jungle that the caliphate of fundamentalists is imposing on Baghdad from Tehran.
2. Any Iraqi employee or ordinary citizen that would put up a bail for a PMOI member will become a target of assassination and suppression by the Qods Force and its militias and terrorists in Iraq. For example, in September 2013, Mr. Akram Naqib, a noble Iraqi lawyer who was the defense lawyer for some of the legal cases involving Ashraf and Liberty residents, was assassinated in front of his house in Baghdad.
3. If this inspector was indeed looking for assurance and a guarantor, then the lawyers of the case had declared from day one that they are prepared to be the guarantor of Mr. Safar Zakery. Similarly, on April 9, they presented the inspector with a written and official assurance complete with signature and seal, but the inspector refused to accept it. Moreover, the intelligence agents implicitly threatened the lawyers that they would be arrested.
4. Additionally, the residents’ legal advisor noted that the residents are imprisoned in Camp Liberty and cannot find such a guarantor. He told the inspector that residents are prepared to collect 30 million Dinars from the residents and place a bail in the court. The inspector, however, rejected this suggestion and threatened that he would arrest the legal advisor.
5. In the margins of this decision by the inspector that is addressed to the executive agent it is stated that given the fact that there is also another case pending to be completed, this decision is implemented in principle; meaning that even if such a guarantor and bail are provided, the inspector will not release Mr. Safar Zakery on the absurd pretext of illegal residence.
6. As far as the legal status of Mr. Safar Zakery is concerned, claims made by Nasser Moussavi are even more absurd than the case of the car accident. Much like the other PMOI members, his presence in Iraq has not only been lawful from the onset, but in 2003 he was also among the protected persons by the Fourth Geneva Convention and since 2011 has been under protection of the international refugee law, as well as the Memorandum of Understanding signed between Government of Iraq and the United Nations. In the recent years several Iraqi courts have asserted that the entry and presence of PMOI members in Iraq has been lawful and on 28 November 2012, the Iraqi Foreign Ministry officially declared that PMOI members are temporary refugees in Iraq (all documents have been given to the inspector). Moreover, since the illegal arrest of Mr. Safar Zakery, the UNHCR has confirmed the legal status and residence of Mr. Zakery in Camp Liberty in two official letters to the Karkh Court.
7. According to the reports and information that has reached the Iranian Resistance, Nasser Moussavi is a close associate of Maliki and he has been ordered to keep Mr. Safar Zakery in prison using whatever pretext. Moussavi has said that since it would not have been possible to detain Mr. Zakery for a long time merely for a traffic accident, he had been compelled to open the case of illegal residence against him to keep him in detention. Preventing Mr. Zakery’s transfer to the hospital for his surgery was also upon orders that Moussavi had received.
Background: On March 16, Mr. Zakery, a driver of Camp Liberty black water tanker, was on his way back to Liberty after emptying the sewage when he was hit in a car accident by a HUMVEE belonging to the Iraqi SWAT forces. The HUMVEE, travelling at the illegal speed of 60 km/hr, went off course to the left side of the road and hit Mr. Zakery’s tanker that was travelling at 20 km/hr on the extreme right side of the road badly damaging the tanker. Once the traffic police saw the scene of the accident, he declared that the HUMVEE was the guilty party. Both the policeman riding in the Camp Liberty vehicle, as well as the policeman riding in the tanker that was following a short distance behind, confirmed that the HUMVEE was to be blamed.
The Iranian Resistance warns about the ominous objectives of the mullahs’ regime and its elements in Iraq concerning this criminal hostage taking that is being implemented by abusing the Iraqi judiciary. It reminds the repeated and written commitments by the United States and the United Nations to provide security and protection to Camp Liberty residents until the “last one” departs from Iraq and calls on the U.S. government, UNAMI and UNHCR to take immediate and effective action to secure the release of Mr. Zakery and end this conspiracy against PMOI members in Camp Liberty.
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