The recent session at the European Parliament, particularly within the framework of the Foreign Affairs Committee, which was held with the participation of individuals such as Abdollah Mohtadi (leader of the Komala Party of Iranian Kurdistan's armed wing) and Mostafa Hijri (leader of the armed wing of the Democratic Party of Iranian Kurdistan), has instead of strengthening the human rights discourse, turned into a stage for an apparent contradiction between rhetoric and action in the international system.
The Iranian Kurdistan Human Rights Watch, relying on a collection of testimonies, field documentation, and recorded accounts of victims, declares that some of these individuals and their affiliated groups face serious and persistent accusations regarding the violation of fundamental human rights.
Explicit Violation of the Convention on the Rights of the Child
Available documentation indicates the recruitment and use of children and adolescents in armed structures, the forced detention of individuals in inhumane conditions, and the perpetration of organized violence by these groups. These actions constitute a clear violation of the obligations arising from the Convention on the Rights of the Child and its Optional Protocol on the involvement of children in armed conflict – documents that are binding in nature, not merely advisory.
Furthermore, these groups, within the framework of mechanisms such as Geneva Call, have signed formal commitments pledging to:
- Prohibit the use of child soldiers;
- Cease violence against civilians;
- Refrain from using anti-personnel mines.
Violating these commitments not only demonstrates a disregard for the fundamental principles of international humanitarian law but also undermines a well-recognized international mechanism for holding non-state actors accountable.
The Challenge of Interpol Red Notices and the Rule of Law
The issue of Interpol Red Notices carries additional significance in this case. A Red Notice is an official tool for requesting the identification and provisional arrest of individuals for the purpose of extradition.
Despite the fact that such notices have been issued for some individuals present at this session, and in addition, arrest and extradition warrants have been issued for them following complaints by private plaintiffs in Iranian courts, judicial follow-ups have effectively remained fruitless.
The disregard of these warrants by European governments is not an administrative error but a clear violation of obligations arising from international cooperation and the undermining of the rule of law at the transnational level.
Questions for Europe's Human Rights Conscience
Under these circumstances, the following legal questions arise seriously:
- How can individuals with serious accusations who are subject to international prosecution mechanisms freely travel within the territories of European countries?
- On what legal basis do these individuals gain access to official podiums at the European Parliament?
- If human rights are the standard, why is this standard applied selectively, based on geopolitical considerations?
The credibility of the European Union depends on the non-discriminatory adherence to the principles it claims to uphold. Human rights are not a tool of foreign policy to be applied or suspended according to interests.
The Responsibility of the Belgian Government and the UN Human Rights Council
The Belgian government, as the host country, is obliged, based on its cooperation commitments with Interpol, to transparently examine the legal status of individuals present on its territory and to take appropriate judicial measures. Any leniency in this regard would amount to creating a "safe haven" for individuals who must be held accountable before the law.
Furthermore, the United Nations Human Rights Council must pursue an independent, impartial, and evidence-based investigation as an urgent necessity. The continuation of silence or double standards effectively sends a message of impunity to human rights violators.
The Right of Victims to Access Justice
The Human Rights Watch of Iranian Kurdistan emphasizes that it does not engage in any political disputes on this matter and stands only on one fundamental principle: the right of victims to access justice. Victims who are often among the underprivileged strata and residents of rural areas who lack effective access to legal mechanisms. Justice must not be sacrificed for politics.
By: Dr. Ali Farahmand