Terror suspects want to contest allegations posted on court's website
posted on February 29, 2008 | in Category Mohamed Harkat | PermaLinkSource: Canada.com National News
URL: [link]
Date: February 28, 2008
OTTAWA - Five men publicly accused by the federal government of being terrorists want the right to contest allegations posted on the Federal Court of Canada's website.
In an open letter to Chief Justice Allan Lufty, two groups representing the terror suspects argue it is "unprecedented for a court to post 'evidence' for public review until it has been tested in court."
They've asked Lufty to grant them the right post links on the court's website that would take readers to pages that offer a defence to the government's unproven allegations.
The issue promises to help define the meaning of an open justice system in an age when information can be accessed instantly, and by virtually anyone, on the Internet.
"Our desire would be to see the court put balanced information up there," said Matthew Behrens, co-author of the letter and an organizer with the Campaign to Stop Secret Trials in Canada.
[ Read the rest ... ]
After six years, Abu Zubaydah meets lawyers
posted on February 28, 2008 | in Category U.S.A. | PermaLinkAlleged arch-terrorist Abu Zubaydah, whom the CIA waterboarded in secret overseas interrogations, has agreed to let two American attorneys challenge his detention.
Chicago law professor Joseph Margulies and Washington, D.C. lawyer Brent Mickum said Tuesday that they secured the authority in 12 hours of meetings Friday and Monday at the U.S. Navy base at Guantánamo Bay, Cuba.
It was the first time a defense attorney has been allowed to see the captive, who once ran a military training camp in Afghanistan, in nearly six years of U.S. detention.
He was captured, severely wounded, in a March 2002 firefight at an alleged al Qaeda safe house in Faisalabad, Pakistan.
He disappeared into years of secret detention, out of Red Cross reach, until President Bush announced his transfer to Guantánamo in September 2006.
[ Read the rest ... ]
An Open Letter to Federal Court re Security Certificates
posted on February 27, 2008 | in Category Security Certificates | PermaLinkThe following letter was sent this afternoon to Chief Justice Allan Lutfy of the Federal Court of Canada expressing concerns that unfounded allegations based on secret suspicions have been prominently placed on the Federal Court of Canada website, thereby harming the fair trial opportunities available to those named in security certificates and contributing to the character assassination that this process entails. For further information: Matthew Behrens, for the Campaign to Stop Secret Trials in Canada, (416) 651-5800 == Campaign to Stop Secret Trials in Canada PO Box 73620 509 St. Clair Ave. West Toronto, ON M6C 1C0 (416) 651-5800, [email] February 27, 2008 Open Letter Re Concerns About Federal Court of Canada Website and Security Certificates
Chief Justice Allan Lutfy
Federal Court of Canada
Ottawa, ON
Dear Chief Justice Lutfy,
We are writing with the profoundest of concerns about the unprecedented placement on the front page of the Federal Court website of the public summaries of the security intelligence reports with respect to the five men subject to security certificate.
While we appreciate that the Federal Court, among many players connected to this issue, is no doubt concerned about the need for better disclosure in these cases, it seems neither in the public interest, nor in the interests of the fair hearing rights of these individuals, to have such incendiary allegations posted in the absence of context, without supporting documentation (or at least a reference to the fact that that documentation is likely to be secret), and without giving the named men an opportunity to respond.
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Loi sur les certificats de sécurité: la contestation s'organise
posted on February 27, 2008 | in Category Security Certificates | PermaLinkPlusieurs prévoient contester la nouvelle loi sur l'émission de certificats de sécurité, comme ils l'ont fait avec la première version de la loi. L'année dernière, la Cour suprême du Canada a conclu à l'inconstitutionnalité de certaines dispositions des certificats de sécurité. Elle a donné un an au gouvernement pour réécrire la loi. À l'expiration de ce délai, les personnes visées pourraient contester leur certificat. La loi amendée et entrée en vigueur vendredi (la loi C-3) permet maintenant aux personnes visées d'être représentées par un «avocat spécial». Ce dernier pourra tester la preuve retenue contre son client, mais ne pourra la lui dévoiler. Une mesure insuffisante, estiment les principaux intéressés. «En fait, il n'y a pas vraiment de différence entre la nouvelle et l'ancienne loi», a déploré hier le ressortissant algérien Mohamed Harkat, l'une des cinq personnes soupçonnées d'entretenir des liens avec des organisations terroristes. Joint à son domicile d'Ottawa, où il est sous surveillance 24 heures sur 24, l'homme de 39 ans entendait rencontrer son avocat mardi pour discuter des possibilités de contestation. Sa femme, la Franco-Ontarienne Sophie Harkat, a vivement déploré que certains des «avocats spéciaux» choisis par le ministère de la Justice soient des avocats de la Couronne. «Et même si nous sommes représentés par un avocat, ce sont les mêmes juges qui vont réentendre la cause», a-t-elle ajouté. Le Montréalais Adil Charkaoui entend lui aussi contester la loi. Il se rendra mardi à Ottawa pour rencontrer le juge en chef de la cour fédérale avec ses avocats et des groupes de défense des droits. «Nous verrons alors comment nous allons nous organiser», a-t-il dit hier. Selon l'avocat Julius Grey, une nouvelle contestation devant la Cour suprême n'est pas synonyme de victoire. «En modifiant la loi de la sorte, le gouvernement a probablement opté pour le seuil le plus bas que la Cour suprême était prête à accepter», dit-il. Copyright © 2000-2008 Cyberpresse Inc., une filiale de Gesca. Tous droits réservés.
Justice Dept news release on Special Advocates
posted on February 27, 2008 | in Category Security Certificates | PermaLinkThe Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls, Minister of Justice and Attorney General of Canada, today named 13 special advocates, as part of the Government's legislation to amend the security certificate process under the Immigration and Refugee Protection Act (IRPA). Parliament has passed legislation to strengthen and improve an immigration process that is designed to protect Canadians from threats while respecting individual rights and freedoms. Under the legislation, which came into force on February 22, 2008, the Minister of Justice is responsible for establishing a list of special advocates. Special advocates - who are qualified lawyers - will protect the interests and rights of individuals who are subject to security certificates, ensuring they are adequately represented during closed proceedings. After consultation with various organizations such as the Canadian Bar Association and the Federation of Law Societies, the Department of Justice issued a Request for Expression of Interest (EOI) for the special advocates program on December 20, 2007. Through an independent process, qualified candidates were recommended to the Minister of Justice. The list of special advocates follows: * Ronald G. Atkey * Nancy Brooks * Gordon Cameron * Paul D. Copeland * Paul J. J. Cavalluzzo * François Dadour * James R. K. Duggan * Brian Gover * Anil K. Kapoor * Barbara McIsaac * John Norris * Lorne Waldman * Ivan G. Whitehall
Lawyers for terror suspects cleared as special advocates
posted on February 27, 2008 | in Category Mohamed Harkat | PermaLinkSource: The Ottawa Citizen
URL: [link]
Tuesday, February 26, 2008
OTTAWA - Lawyers for four terror suspects, including Ottawa's Mohamed Harkat, have told the Federal Court they want to represent their clients as "special advocates" in secret evidentiary hearings.
Defence lawyers Paul Copeland and John Norris are two of the 13 special advocates who have received top secret security clearance from the federal government. Special advocates were created by the government's new security certificate law, which seeks to improve upon the original version struck down last year by the Supreme Court.
Norris said he has volunteered to take on the role of special advocate out of a sense of duty to his clients, terror suspects Mohammad Mahjoub and Mahmoud Jaballah.
[ Read the rest ... ]
PLEASE TAKE UP YOUR PENS NOW
posted on February 27, 2008 | in Category Security Certificates | PermaLinkSource: Coalition Justice pour Adil Charkauoi
URL: [link]
Date: February 26, 2008
Hello again,
If you can put this call for letters out in your networks and take the time to respond to some of the horrific racism and distortions out there, please do! There is a lot of racist response, there is very little defense of these men, their families and the communities who are being subjected to the hatred and xenophobia of these attacks.
mary
--
Below:
1. Act Now by Writing to the Media
2. Audio: No new security certificates!
3. Press Release: Charkaoui responds to new certificate
::::ACT NOW BY WRITING TO THE MEDIA: OPPOSE NEW SECURITY CERTIFICATE::::
Please write letters to the editor, post online, or call in to radio shows
into the various media outlets that are covering the introduction of the
new security certificate. We strongly urge and stress to supporters the
importance of voicing your opinion on this issue and adding your thoughts
to the debate. Although it may seem futile given the biases that have been
clearly stated by various media outlets, it is still absolutely crucial
for us to enter this public debate and discourse at this time.
Media contact information: [link]
Analysis of C-3: [link]
::::Audio: No new security certificates!:::::
On Thursday, 21 February, the Coalition Justice for Adil Charkaoui organized
a press conference to condemn the new law and call on the government to not
issue new certificates against Charkaoui and the other detainees. Warren
Allmand (International Civil Liberties Monitoring Group), Adil Charkaoui,
Gaétan Châteauneuf (Conseil centrale de Montréal - CSN), Johanne Doyon (who
brought the constitutional challenge to the Supreme Court), Salam Elmenyawi
(Muslim Council of Montreal), Mostafa Henaway (Immigrant Workers Centre),
and Marie-Ève Lamy (Coalition Justice for Adil Charkaoui) all spoke.
Audio from press conference: [link]
Press Release, "Groups call on government not to renew security
certificates": [link]
::::Press Release: Charkaoui responds to new certificate::::
Montreal, 22 February 2008 -- Mr. Charkaoui categorically denies the
allegations made against him in the context of the new security certificate
that was issued against him today. As he has consistently requested for the
past five years, Charkaoui asks for a meaningful opportunity to clear his
name of precise and defined charges in the context of a fair and open trial.
Continue reading release: [link]
Background on Charkaoui case: [link]
-------------
Coalition Justice for Adil Charkaoui
[link]
[email]
tel. 514 848 7583
To join newslist: [email].
Document filled with mistakes, Harkat's wife charges
posted on February 26, 2008 | in Category Mohamed Harkat | PermaLinkSource: The Ottawa Citizen
URL: [link]
Date: February 23, 2008
Newly released documents on what led Canada's spy agency to conclude Mohamed Harkat is an al-Qaeda terrorist are filled with mistakes and largely based on interviews conducted when Mr. Harkat didn't understand English, his wife, Sophie, said Saturday.
"Our lives are on the line here and they're mixing information up," Mrs. Harkat said. On Friday, the Canadian Security Intelligence Service released summaries of the information used to support new security certificates filed in Federal Court on Mr. Harkat and four other foreign-born Muslims whom CSIS suspects are members of Osama bin Laden's terrorist network.
They disclosed previously classified details of their alleged terrorist activities in Canada. In the filings, CSIS accuses the 36-year-old Algerian-born Ottawa man of helping Islamist extremists enter Canada, and also receiving money from Islamist extremists abroad.
[ Read the rest ... ]
Harkat forced to renew fight
posted on February 26, 2008 | in Category Mohamed Harkat | PermaLinkMohamed Harkat feels like he's starting over from scratch. The Algerian-born Ottawa resident, who has been fighting to clear his name of ties to al-Qaida, was served notice Friday that the Canadian Security Intelligence Service has declassified portions of its case against him. The government filed new security certificates against Harkat and four other men accused of having terrorist ties, following new legislation that came into effect Friday. SEEKS 'FAIR TRIAL'
CSIS presented a 105-page document to Canada's Federal Court, outlining charges against Harkat that would make him "inadmissible on security grounds" and therefore subject to deportation.
"I don't have any things to hide," insisted Harkat from his Herongate home, where he remains under house arrest. "All we've been asking for is a fair trial where everything is open. It's very hard for me to defend myself if somebody puts evidence in front of a judge that I haven't even seen. There is no opportunity to defend myself."
On Friday, Justice Minister Rob Nicholson appointed 13 special advocates to "protect the interests and rights" of those who are subject to security certificates.
[ Read the rest ... ]
New Allegations, Same Old Secret Trials: An Update Following Friday's Character Assassination
posted on February 25, 2008 | in Category Security Certificates | PermaLink(update from the Campaign to Stop Secret Trials in Canada)
February 24, 2008 -- In typical government style, a series of rehashed ancient suspicions, new unfounded allegations, and outright lies against secret trial detainees Mahmoud Jaballah, Mohammad Mahjoub, Hassan Almrei, Mohamed Harkat, and Adil Charkaoui were “released” last Friday afternoon. Conveniently, there was little or no opportunity for informed journalists to put things into perspective and get beyond the fear-mongering the allegations are meant to inspire.
In a highly politicized move, the Federal Court of Canada for the first time posted on its home page the so-called “public summaries” of the cases against four of the five Muslim men subject to security certificates. (Why four out of five? In perhaps another sign of the incompetence of the CSIS sponsors of secret trials, one of the summaries is attributed to the wrong guy. As if that weren’t bad enough, a summary package hand delivered to another of the detainees had a cover letter addressed to...someone other than himself!). There is no context to these Federal Court postings, no explanation that these are only unproven allegations based on speculation about some possible past, present, or future behaviour, no chance for those whose names are slandered through this process to respond. They are simply there as “official-looking” documents that doom the reputations of those who have yet to have a hearing. And when they do get to court, they will be told that the basis for these allegations is a secret neither they nor their lawyers can challenge.
[ Read the rest ... ]