Torture can never be justifiedposted on November 09, 2016 | in Category War on Terror | PermaLink
Mohamed Harkat girds himself for another fight to stayposted on August 05, 2016 | in Category Mohamed Harkat | PermaLink
PHOTO: Mohamed Harkat is pictured at his home in Ottawa. The native-born Algerian, who fled that nation amid political upheaval, arrived in Canada in 1995. He was imprisoned for 42 months in 2002 on suspicion of ties to terrorism. Mohamed Harkat — an Algerian who says he was wrongly accused of being an Al Qaeda sleeper agent — hopes he can finally win his freedom and the right to stay in Canada. “What the government is doing is wrong, and it’s not fair,” Harkat said in an exclusive interview with the Star. “And they got the wrong guy.” Harkat, who came to Canada in 1995 and claimed refugee status, has been fighting deportation since his arrest on a national security certificate in December 2002. He still dreams of one day becoming a Canadian citizen, even though his life in Canada has been very different from what he’d expected. “I thought one day I would have children, a house, a family . . . everything is destroyed. When I met Sophie, we had a plan to buy a house and have children.” The 47-year-old Harkat says he’s innocent and will face torture and persecution in his native Algeria if he is deported. Canada Border Services Agency did not comment on the specifics of the case, but confirmed that Harkat is under a removal order, following a Federal Court decision upheld by the Supreme Court of Canada. Esme Bailey, a senior media spokesperson for CBSA, added that the removal order “can only be enforced once due process under the Immigration and Refugee Protection Act has taken place.” A February 2016 CBSA document — marked top secret — states that, “should Mr. Harkat be allowed to remain in Canada, it can be presumed that, given the opportunity, he would work toward the ends espoused by the Bin Laden Network.” It recommends his removal from Canada. His lawyer, Barbara Jackman, plans to argue, in a formal petition to the public safety minister, that Harkat will face torture and persecution if sent back. She also plans to argue he is not a threat to Canada and should be allowed to stay on humanitarian grounds. In early September, she will seek an exemption from deportation. Canadian law does not allow deportation to a country where torture will occur unless there are exceptional circumstances. “You send him back with the public profile he’s got, and it’s asking for him to be further detained and tortured,” Jackman said. “I can’t see anything exceptional about Harkat’s case that would require he be deported to torture.”
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Victory: Jaballah secret trial security certificate found unreasonableposted on May 25, 2016 | in Category Security Certificates | PermaLink
In a major setback to a Liberal government still refusing to repeal the repressive Bill C-51, the Federal Court has found unreasonable the secret trial security certificate against the long-suffering Mahmoud Jaballah, almost 20 years to the day that the Egyptian refugee and his family arrived in Canada seeking asylum from the Mubarak dictatorship. While the written decision for this finding has yet to be released, this hopefully brings to a close an 18-year legal fight that helped spur an international campaign of condemnation against Canada's use of secret trials, indefinite detention, deportation to torture, and the patently illegal practices conducted by Canada's spy agency, CSIS. Jaballah, who was jailed without charge and tortured on many occasions in Egypt (as was his wife, Husnah, who was twice detained and tortured in front of him), was originally arrested in 1999 under the much-criticized security certificate, alleging he was a threat to national security. The problem he faced? He was not allowed to see the secret case against him in a process that allowed as evidence anything not normally admissible in a court of law. CSIS had originally approached him to spy on his community, and he refused. The response of CSIS was clear: co-operate or you will be jailed and deported to torture.
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A Promise Not to Torture Was Enough for US Detainee Transfers, Says Declassified Reportposted on May 12, 2016 | in Category International | PermaLink
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Bid to deport six terror suspects blocked after UK judges cite torture fears in Algeriaposted on May 12, 2016 | in Category International | PermaLink
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Canada To Sign UN's Anti-Torture Protocol After Years Of Delayposted on May 05, 2016 | in Category Canada | PermaLink
Mohamed Fahmy, who spent more than a year in a prison in Egypt, welcomed the move on Twitter, calling it history in the making. Activist groups have been pressing for ratification for years; Amnesty International Canada has yet another news conference on the subject scheduled for Tuesday. Supporters of the protocol say it is an important step in freeing the world from the practice of torture. They say Canadian ratification would strengthen the country's ability to press other countries to open detention centres to increased scrutiny. With files from Mike Blanchfield
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Liberals must end Canada's 'previous complicity in torture,' says victimposted on May 05, 2016 | in Category Canada | PermaLink
Canada to join UN anti-torture protocol after more than a decadeposted on May 05, 2016 | in Category Canada | PermaLink
Harkat buoyed by U.K. court ruling that six terror suspects can't be deportedposted on April 26, 2016 | in Category Mohamed Harkat | PermaLink
Source: The Ottawa Citizen
Date: April 25, 2016
[PHOTO: Mohamed Harkat's defence team hopes a recent UK decision on six terror accused will help in Harkat's fight against deportation to Algeria.]
Mohamed Harkat’s defence team will use a recent British court ruling to argue that the Algerian-born terror suspect should not be deported to the turbulent North African country.
A panel of judges from the United Kingdom’s Special Immigration Appeals Commission ruled last week that six Algerian terror suspects cannot be deported because of the “real risk” they’ll be tortured in their native country.
The judges said the situation in Algeria is unpredictable given the threat of Islamism in the region, and the frail health of President Abdelaziz Bouteflika.
Bouteflika, 79, suffered a serious stroke in April 2013 and questions remain about who’s actually running the country.
The U.K. judges said Algeria’s volatility undermined the government’s argument that “diplomatic assurances” could be relied upon to protect the six terror suspects from torture if deported.
The Algerians, who live in England under strict bail conditions, have been fighting deportation for 10 years.
In Canada, the federal government continues to pursue the deportation of Ottawa’s Harkat 14 years after he was first arrested on the strength of a national security certificate.
A feature of federal immigration law, security certificates give the government the power to remove foreign-born terror suspects based, in part, on secret evidence.
Harkat’s lawyer, Barbara Jackman, said the U.K. court ruling will form part of her submission to the federal official who must now decide whether Harkat should be deported.
That official, known as a minister’s delegate, must weigh the risk that Harkat poses to Canadians against the risk that he will be tortured in Algeria.
“The U.K. judgment,” Jackman said, “appears to be solidly grounded in the framework of human rights protection obligations.”
As signatories to the UN convention against torture, Canada and the U.K. are prohibited from returning people to countries where they face a substantial risk of torture or other inhuman treatment.
The Canadian government has sought to reduce the level of risk in the Harkat case by obtaining diplomatic assurances from the Algerian government that the al-Qaida-linked terror suspect wouldn’t be mistreated.
Harkat’s wife, Sophie, said the U.K. case shows that those guarantees are not worth the paper on which they’re written. “It confirms that diplomatic assurances are not reliable — and they’re the backbone of the whole process,” she said.
Harkat intends to formally petition Public Safety Minister Ralph Goodale later this year to allow him to stay in Canada. The minister has the statutory power to halt Harkat’s deportation if he finds that the action is “not contrary to the national interest.”
“This has lasted so long, we just want to put an end to this,” said Sophie Harkat. “Why do they want to go on with this process?”
Harkat, 47, has enlisted the support of dozens of high-profile Canadians, including Alexandre Trudeau, the prime minster’s brother. In a letter to Goodale, issued in Februrary, Alexandre Trudeau said he’s “absolutely convinced” that Harkat poses no danger to public safety in Canada.
In May 2014, the Supreme Court of Canada upheld the government’s revised security certificate regime and affirmed a decision that found Harkat to be an active member of the al-Qaida terrorist network.
The case against Harkat was built on 13 wiretapped phone conversations and at least two unnamed informants, one of whom failed a lie-detector test.
Harkat insists he will be tortured or killed if returned to Algeria, the country from which he fled in March 1990 during a military crackdown on government opponents.
Last week, Harkat underwent shoulder surgery to correct a longstanding injury that he suffered in a fall while delivering pizzas before his arrest in December 2002.
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Bid to deport six terror suspects blocked after UK judges cite torture fears in Algeriaposted on April 18, 2016 | in Category International | PermaLink
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