DR. JUAN E.

GARCS RIGHT LIVELIHOOD AWARD 1999

RECIPIENT OF THE ALTERNATIVE NOBEL PRIZE"

Madrid, July 14, 2011 Press release The judge of the Central Investigative Court no 4 of the National Court of Spain extends to the Prime Minister, one General and other military officers of Iraq investigations on the breach of the Fourth Geneva Convention concerning the residents of Ashraf (Iraq) An Order issued on July 13, 2011 has declared admissible the extension of the complaint submitted on May 11, 2011 against General Majid Ali Ghaidan, LieutenantColonel Abdul-Latif al-Anabi and Major Mohammad Jassem al-Tamimi Oleivi for crimes allegedly committed against the international community in Ashraf, with the knowledge and under the orders of Mr. Al-Maliki, Prime Minister of Iraq. In the complaint of Ashraf residents, Mr. Al-Maliki, Prime Minister, Defense Minister and Chairman of the National Security Council of Iraq is accused of the same crimes. Under international law, while exercising the office of Prime Minister, Mr Al-Maliki enjoys immunity of jurisdiction in the domestic courts of other States. Criminal responsibility may be prosecuted after he has ceased this function. In July 2004 the EE.UU. recognized for the Iranian refugees residing in Ashraf (Iraq) the status of "protected persons" under the Fourth Geneva Convention. This Convention has also been ratified by Spain and Iraq. However, since 2009, Iraqi armed forces have killed 47 residents of Ashraf, injured hundreds of others, looted property, and subjected the entire population to severe restrictions regarding medical care and essential supplies. Since April 2010, the entire population of the city is subjected to sound torture, known as "white noise", day and night. The Fourth Geneva Convention defines these acts as "war crimes" and confers jurisdiction upon all States parties to the Convention, to prosecute those responsible and punish them. The Grand Chamber of the European Court of Human Rights has just declared, in recent Decisions of July 7, 2011, that European States are bound by international conventions in force on Iraqi territory, including the Geneva Convention, and that European Courts of Justice should apply them when it comes to acts in Iraq (case of Al-Skeini and Others v. The United Kingdom; Al-Jedda v. The United Kingdom).

Dr. Juan E. Garces, Prosecuting Lawyer