US embassy cable - 05GENEVA2090

UNCLAS SECTION 01 OF 02 GENEVA 002090 
 
SIPDIS 
 
STATE FOR IO/SHA, DRL/MLA 
 
E.O. 12958: N/A 
TAGS: PHUM, UNHRC-1, Human Rights 
SUBJECT:  SRS ON ARBITRARY DETENTION, FREEDOM OF EXPRESSION 
AND TORTURE REGARDING ABRAHAM AL-MASHDANI 
 
 
1.  Mission received the following communication from Leila 
Zerrougui, Chairperson-Rapporteur of the Working Group on 
Arbitrary Detention, Ambeyi Ligabo, Special Rapporteur on 
the Promotion and Protection of Human Right to the Freedom 
of Opinion and Expression, and Manfred Nowak, Special 
Rapporteur on the Question of Torture, regarding Mr. Abraham 
Al-Mashdani who is currently being detained at Abu Ghraib. 
This communication has been forwarded to IO/SHA via e-mail 
and is number 27 on the Geneva 2005 Communications Log. 
 
2.  Begin text of letter: 
 
Reference: UA G/SO 218/2 G/SO 214(33-20) 
USA 9/2005 
 
2 September 2005 
 
Excellency, 
 
We have the honour to address you in our capacities as 
Chairperson-Rapporteur of the Working Group on Arbitrary 
Detention, Special Rapporteur on the promotion and 
protection of the right to freedom of opinion and expression 
and Special Rapporteur on the question of torture pursuant 
to Commission on Human Rights resolutions 2003/31, 2002/48 
and 2005/39. 
 
Permit us first of all to express our most sincere 
condolences to your Government and to the families of all 
those who lost their life, as well as our solidarity to 
those injured and to those who have lost their homes and 
livelihoods as a consequence of the terrible flooding and 
destruction caused by the hurricane Katrina. 
 
In connection with our above-referenced mandates, we would 
like to draw the attention of your Government to information 
we have received concerning Abraham Al-Mashadani, a 36-year 
old Iraqi freelance cameraman and photographer working for 
Routers in Ramadi. 
 
According to information received, on 8 August 2005, he was 
arrested by US marines after images of US troops were found 
on his videos, cameras and desktop computer.  The spokesman 
for the US detainee operations in Iraq stated that Mr. 
Abraham Ai-Mashadani will not be able to receive visitors 
for the first 60 days of his detention, including his family 
or a lawyer.  No justification for his arrest has been 
provided. Mr. Abraham Al-Mashadani is currently being 
detained at Abu Ghraib. 
 
In view of his incommunicado detention, concern is expressed 
that Mr. Abraham Al-Mashadani risks being subjected to 
torture or other forms of ill-treatment. 
 
Without in any way making any determination on the facts and 
circumstances of this case and on whether the detention of 
the above-mentioned person is arbitrary or not, we would 
like to appeal to your Excellency's Government, to take all 
necessary measures to guarantee the right of the above named 
person not to be deprived arbitrarily of his liberty and to 
fair proceedings before an independent and impartial 
tribunal, in accordance with articles 9 and 10 of the 
Universal Declaration of Human Rights and articles 9 and 14 
of the International Covenant on Civil and Political Rights. 
 
Furthermore, we should like to appeal to your Excellency to 
seek clarification of the circumstances with a view to 
ensuring that the right to physical and mental integrity of 
the above-named person is protected. This right is set forth 
inter alia in the Universal Declaration of Human Rights, the 
International Covenant on Civil and Political Rights and the 
Declaration on the Protection of All Persons from being 
subjected to Torture and Other Cruel, Inhuman or Degrading 
Treatment or Punishment. We would also like to draw your 
Excellency's attention to Commission on Human Rights 
resolutions 2005/39 which remind all States that "prolonged 
incommunicado detention or detention in secret places may 
facilitate the perpetration of torture and can in itself 
constitute a form of cruel, inhuman or degrading treatment, 
and urges all States to respect the safeguards concerning 
the liberty, security and the dignity of the person."(para. 
9). 
 
We should also like to appeal to your Excellency's 
Government to take all necessary steps to secure the right 
to freedom of opinion and expression of the above mentioned 
person, in accordance with fundamental principles as set 
forth in article 19 of the Universal Declaration of Human 
Rights and reiterated in article 19 of the International 
Covenant on Civil and Political Rights which provide that 
"Everyone has the right to freedom of opinion and 
expression; this right includes freedom to hold opinions 
without interference and to seek, receive and impart 
information and ideas through any media and regardless of 
frontiers". 
 
We urge your Government and the Government of Iraq, to whom 
we are addressing an analogous communication, to take all 
necessary measures to guarantee that the rights and freedoms 
of the aforementioned person are respected. 
 
In view of the urgency of the matter, we would appreciate a 
response on the initial steps taken by your Excellency's 
Government to safeguard the rights of the above-mentioned 
person in compliance with the above international 
instruments. 
 
Moreover, it is our responsibility under the mandates 
provided to us by the Commission on Human Rights and 
reinforced by the appropriate resolutions of the General 
Assembly, to seek to clarify all cases brought to our 
attention.  Since we are expected to report on these cases 
to the Commission, we would be grateful for your cooperation 
and your observations on the following matters, when 
relevant to the case under consideration: 
 
1.  Are the facts alleged in the above summary of the case 
accurate? 
 
2.  Has a complaint been lodged by or on behalf of the 
alleged victim? 
 
3.  Please provide details of the charges, if any, brought 
against Mr. Abraham Al-Mashadani and how these charges, as 
well his arrest, are compatible with national and 
international human rights norms and standards, including 
those of a fair trial in compliance with Article 14 of the 
International Covenant on Civil and Political Rights. Please 
provide a copy of the relevant national law. 
 
4.  Please explain how detaining Mr. Abraham Al-Mashadani 
incommunicado is compatible with national and international 
human rights norms and standards. 
 
5.  In the event that the arrest and detention of Mr. 
Abraham Al-Mashadani is found to be unlawful, please 
indicate whether, in accordance with international law, 
compensation has been provided to him. 
 
We undertake to ensure that your Government's response to 
each of these questions is accurately reflected in the 
reports we will submit to the Commission on Human Rights for 
its consideration. 
 
Accept, Excellency, the assurances of our highest 
consideration. 
 
Leila Zerrougui 
Chairperson-Rapporteur of the Working Group on Arbitrary 
Detention 
 
Ambeyi Ligabe 
Special Rapporteur on the promotion and protection of the 
right to freedom of opinion and expression 
 
Manfred Nowak 
Special Rapporteur on the question of torture 
 
End text of letter. 
 
MOLEY