Judge loosens bail conditions for Harkat

posted on March 06, 2009 | in Category Misc | PermaLink

By Jim Bronskill, CP
Source: The Ottawa Sun
URL: [link]
Date: March 6, 2009


OTTAWA — A federal judge has loosened the shackles — at least somewhat — on Mohamed Harkat, saying the passage of time has made the suspected al-Qaida collaborator less of a security threat.

The Ottawa man, long detained under strict bail conditions amounting to house arrest, can now be home alone during the day and early evening.

The Canadian Security Intelligence Service contends Harkat, a refugee from Algeria, is an Islamic extremist and member of Osama bin Laden’s terrorist network.

He was arrested in December 2002 and faces deportation under a national security certificate.

In a ruling Friday, Federal Court Justice Simon Noel said Harkat and wife Sophie must give the Canada Border Services Agency officials who keep watch over him 36-hour notice of any occasion on which Harkat will be home alone.

Sophie Harkat must also telephone the border services agency when she leaves and upon her return to the residence. While unsupervised, Mohamed Harkat must phone the border agency every hour on the hour.“I understand that Mrs. Harkat has a need for a life outside the home. I also understand that living together on a 24-hour, seven-day-a-week basis is a challenge in itself,” Noel wrote in the judgment.

“It is logical to conclude that, during the time in which he was incarcerated, the danger posed by Mr. Harkat has diminished considerably. There is no evidence that would indicate otherwise.”

Canadian authorities first took an interest in Harkat in the mid-1990s. He was jailed for almost four years after his arrest and was released under stiff conditions for almost three years.

The former pizza delivery man and gas station attendant denies any involvement with terrorism.

Noel said he wondered what interest an organization of the Bin Laden network would have in somebody who’s been monitored by Canadian authorities for more than 10 years.

“This court also wonders, for example, who would approach such an individual with such a high media profile? How could an organization consider asking somebody with such a high profile to undertake secret activities?”

Noel said Harkat can have more outings — five a week instead of three — as well as daily one-hour exercise sessions.

However, Noel turned down Harkat’s request for the right to move about freely in the Ottawa area during expanded hours without advance approval.

Still, Harkat will be able to speak at political and academic events, and can use a public restroom without first notifying the border services agency.

Noel said Harkat and his wife must ensure the border agency staff who accompany them to public events are not verbally abused or threatened by those who attend. “The past experience of the CBSA at these types of events has not been positive. It seems that there is a tendency to identify the CBSA employees as being the villains in this proceeding.”

Harkat will also be allowed contact with the imam at the local mosque subject to approval of the religious leader by the border agency. But he won’t be permitted to speak freely with other worshippers.

Harkat wears an electronic tracking bracelet on his ankle, surveillance cameras keep watch on his home, visitors must be pre-approved, postal mail is intercepted and the border services agency conducts spot checks.

“While their record of compliance is not perfect, the professionalism and dedication of the CBSA, paired with the commitment of the Harkat family into ensuring respect of the conditions of release, has resulted in very few breaches of the conditions,” Noel said in the ruling.

During a November hearing, Harkat told the court he views compliance with the conditions essential because his life is on the line and he does not want to disappoint his family and supporters — nor give government an opportunity to deport him.

Noel said the “constant presence and devotion” of Sophie Harkat weighed in his decision.

“Mrs.Harkat ensures stability in her husband’s life. She understands the importance of the conditions of release and does not leave any doubt about her commitment to ensuring that they are respected.”

However, Noel said he still has concerns about Harkat’s trustworthiness.

“Hopefully, in the future, Mr. Harkat will improve the court’s trust in him which is a key factor in setting appropriate conditions. The ball, as they say, is in Mr. Harkat’s court.”

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