Original author: Jim Brown
Source: Canadian Press via Yahoo News
URL: [link]
Date: August 26, 2007


OTTAWA (CP) - The lawyer for an accused terrorist living in Canada is demanding access to Abu Zubaydah, a key al-Qaida operative held at Guantanamo Bay, to find out first-hand what Zubaydah knows about his client.

Paul Copeland, counsel for Algerian-born Mohamed Harkat, has written to officials in both Ottawa and Washington saying he needs to interview Zubaydah to mount a proper defence of Harkat, who is accused by Canada's secret service of having terrorist ties.

So far U.S. authorities have replied only that the interview request is under consideration and a decision "may take some time." There has been no response from the Canadian government.

The Canadian Security Intelligence Service, in previous court proceedings against Harkat, has claimed he was identified by Zubaydah as the operator of a safe house for Islamic militants in Peshawar, Pakistan.

CSIS also claims to have additional evidence - heard behind closed doors by a Federal Court judge but never made public - linking Harkat to Zubaydah."I know of no way of rebutting that other than to talk to Abu Zubaydah," Copeland said in an interview with The Canadian Press.

"He may say 'Yes, sure, I knew him.' I rather doubt that he will say that." Zubaydah, said to be a key lieutenant of Osama bin Laden in the recruiting and training of terrorists, was captured in Pakistan in 2002. There have been widespread reports that the CIA used psychological coercion, and perhaps outright torture, to extract information from him.

Copeland began his campaign for access with a letter in May to David Wilkins, the U.S. ambassador to Canada, in which he asked for help in making "arrangements for me to interview Abu Zubaydah and-or take evidence from Abu Zubaydah concerning his involvement or lack of involvement with my client in Afghanistan and Pakistan."

The letter was passed to an embassy official, who replied that the request was being forwarded to authorities responsible for the U.S. military prison at Guantanamo.

Copeland dispatched additional letters in June to U.S. Attorney General Alberto Gonzales and Defence Secretary Robert Gates, neither of whom replied personally. A U.S. Justice Department official wrote back two weeks ago to say the matter had been handed to the Defence Department for "review and appropriate action."

"Please understand that it may take some time to look thoroughly into the issues you have raised," said the letter dated Aug. 13.

Copeland also wrote in June to John Sims, the Canadian deputy justice minister, asking whether the federal government "is prepared to assist me in trying to obtain the evidence from Abu Zubaydah concerning my client."

There has been no answer to date, a silence that Copeland described as frustrating. "It's the Canadian government's case that they're making against Harkat," he said. "They should have some interest in trying to make sure that we get an opportunity to explore whatever (evidence) we might want to call."

A spokesman for the Justice Department in Ottawa said it would be "inappropriate" to comment on Copeland's request a this time.

In Washington, a Defence Department spokesman had nothing to say about the specifics of the case but noted access to Guantanamo prisoners is generally "tightly controlled" for intelligence reasons.

Copeland said he's not optimistic, under the circumstances, that he'll ever get permission to interview Zubaydah but vowed to keep pressing on his client's behalf.

He also warned that if he's rebuffed by Ottawa and Washington it could raise serous questions about whether Harkat can make a full defence in response to the allegations against him.

"I rather expect what it will turn out to be is another argument that the process is unfair and fundamentally unjust and violates the Charter of Rights."

Harkat, a former pizza delivery man in Ottawa, is accused by CSIS of being an al-Qaida agent. He denies the allegations, but a Federal Court judge upheld a security certificate in 2005 that sought his removal from Canada.

Justice Eleanor Dawson acknowledged there were serious doubts about the reliability of statements made by Zubaydah to his captors. Nevertheless, she accepted separate intelligence gathered by CSIS that linked Harkat to Zubaydah and other suspected terrorists. She also concluded Harkat had lied on a number of other key points.

Last February, however, the Supreme Court of Canada overturned the security certificates against Harkat and four other men, saying the secretive hearing process violated their rights.

Information from Zubaydah figured in at least one of the other cases - that of Adil Charkaoui of Montreal, although CSIS contended, as in the Harkat case, that it had other evidence to support its claims against Charkaoui.

The Conservative government is currently rewriting federal security law to take account of the Supreme Court ruling, and new hearings will likely be required eventually for all five men.

Copeland is seeking access to Zubaydah in anticipation of such a re-hearing. He says it would save time to resolve the issue now "rather than spending three years arguing during the course of the hearing."