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Letter to Minister Coderre

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RE: Mohamed Harkat and his jailing without charges

Letter writer for justice

                 

                           

 

 

 

   

Dear Ministers,

 
 
I am writing to urge that the government of Canada adopt a different approach in dealing with the case of Mohamed Harkat; an approach that safeguards his fundamental rights while still ensuring that any security or criminality concerns are adequately addressed.
 
Amnesty International has followed Mr. Harkat's case with concern, since his arrest in mid- December, 2002. We understand that he is being held under a security certificate, issued pursuant to section 40.1 of the Immigration and Refugee Protection Act; and that it is the government's intention to deport him to his native Algeria.
 

We note that the Canadian Security Intelligence Service has alleged that Mr. Harkat is an Islamic extremist; a supporter of Afghani, Pakistani, and Chechen extremists; and was and is a member for the bin Laden network.

Mr. Harkat has denied the allegations.
 

Amnesty International is of the view that in Algeria Mr. Harkat faces the risk of serious human rights abuses, including torture, because of the allegations that he has been involved with or supported armed Islamic groups. This is based on our ongoing monitoring of the human rights situation in the country. Members or sympathizers of groups such as the Groupe islamique arm J (GIA) and the Front islamique de salut (FIS)continue to experience torture at the hands of the security forces,including after their return to Algeria from abroad. Amnesty International therefore opposes any action taken to deport Mr. Harkat to Algeria at this time.

Amnesty International has previously expressed concern as well that the security certificate process being used in this case does not meet international human rights standards. Under this in camera process the Federal Court considers only the  reasonableness  of the decision to issue a certificate and does not substantively review it. Furthermore, evidence may be presented to the Court in the absence of the detainee or his or her counsel, and the detainee is only given a summary of the evidence. We have stated that the process is heavily weighted in favour of the detaining authorities, does not substantively examine the lawfulness of the detention, and does not afford the detainee an effective opportunity to challenge the lawfulness of his or her detention.

 

Given the flaws in the security certificate process, and the risk of torture that Mr. Harkat faces in Algeria, Amnesty International urges the government to refrain from any further action under the Immigration and Refugee Protection Act. Instead, if the government considers that there is evidence that Mr. Harkat may have been involved in activities that provide support to armed groups such as al-Qaeda, we would urge that criminal proceedings be launched in Canada, pursuant to the Anti-terrorism Act or other applicable legislation.

 
Sincerely,

aneve@amnesty.ca                                              


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The Honourable Minister Coderre

Citizenship and Immigration Canada

Ottawa, ON K1A 1L1

February 25, 2003

 

Minister Coderre,

 

My name is Sophie Harkat and I am writing to you today to ask you to stop the insanity. I am very much aware of the current situation of Non-Status Algerians facing deportation because of the new government policy enforced by your department. Have you ever thought of the impact of your decision on all these lives, including their families, children, friends, co-workers and so many other people? Many of these residents have lived in Canada for several years, living honest lives. These people have dreamed of a country of freedom and democracy, little did they know it was so untrue. Now because of your department, these people fear for their lives. For all of my life in Canada, I was proud to say that we lived in an honest and fair country, but recently realized that it is not the case. This is a matter of life or death. Your policies have got to change. We are supposed to be a land of freedom, but your decisions have certainly proven otherwise. I no longer have any trust in my government, and I am simply ashamed to be a Canadian. Our government clearly contradicts itself. It would be considered safe for our government to return all these harmless Algerians into their country, but have advised our fellow Canadians that it is unsafe to travel there. There seems to be a problem? Don't you know that these people could get killed if they are returned to Algeria. Have this ever crossed your mind or are you completely impartial to that. Do you people in government have any heart at all? How can you sleep at night, when you well know that 150, 000 lives have been taken and other cases resulted in thousands of disappearances? Does that sound normal to you?

 

There is also another reason for this letter. I am Sophie Harkat, wife of Mohamed Harkat who was arrested on December 10, 2002 after you signed the certificate indicating that my husband was a threat to this country. Now you must understand where all these frustrations are coming from. How big of a threat is he really after living in this country for so many years. You tell me? How safe is our country if you wait that long to arrest people. Sounds kind of silly. Sounds like some people are not doing their jobs right.....I don't know, CSIS, our government, YOU? You have taken my dear husband away from my family and I for no good reason. Mohamed was arrested over one month ago and has been in jail since then with NO CHARGES. My husband, my family, friends and I have been living a total nightmare since then. The conditions he is living in are horrible and unfair. Who would think that things like that are happening in Canada? Home of the free......not anymore. Animals get better treatment. My husband is sitting in jail under allegations of terrorist links. Do you have any proof to back this up? You are just enforcing the fact that our legal system keeps losing credibility. Don't you know that CSIS has made many mistakes in the past and are known to lie, cheat and participate in illegal acts themselves. Have they ever been put under investigation? I am sure that they would not past the test. Canadians are supposed to feel safe knowing CSIS is there to protect them against harm, but they should really live in fear.....because you never know one day....you might get arrested while taking out your garbage! ...2

 

I also want to raise the fact that this arrest and trial is unfair, and goes against all human rights. Do you have any idea what that means? Do we Canadians really have rights, or it is just a scam? Do you know that the consequences of this trial could be fatal for my husband if he is deported to his homeland of Algeria? He has NO chance to make it alive. Could you look at me straight in the eyes and tell me you do not care about this at all? How and why would you even consider doing this to a fellow Canadian? If you did, why could you not do it the right way by admitting the fact that this government has made many bad mistakes in the past? How come the biggest criminals in Canada have the right to defend themselves properly, but why is it different for my husband? Do you consider that fair? Do you think the way my husband was arrested necessary? How many taxpayers' dollars are you going to spend on this circus? Is it all a show for the Americans? Who are you trying to fool really by making decisions like this one or by deporting innocent people? What has my husband done that is so bad, so so bad, you cannot tell anyone ? Is it possible you have nothing to say at all? When will you stop pointing the fingers at all these innocent people and start finding the real criminals? Doesn't your government have anything else to do? Don't you have important issues, like poverty, health, education and peace to deal with? I have spent numerous hours working as a volunteer at the last Federal elections. I really believed in this country and especially in the Liberals, but let me tell you, you will never get any more support from me and certainly not my next vote if things do not change.

 

Believe me when I say, I have just gotten started. I have many supporters, associations and organizations including Amnesty International following your decisions and actions. We are all following closely your department and it's impact on so many lives. Word is getting out that things have to change. We have people to help and lives to save. You will be hearing more from us in the next couple of weeks. We have no choice but to get involved. Your unfair actions have angered many Canadians. We have to speak out the truth and from our hearts. If one good thing has come out of all this, I have become a true believer. I remain positive and strong. I am hopeful that things can change for the best and that you can finally help that happen. Please help me bring my husband back home where he belongs. I have plans and I have dreams. In my husband's eyes, I can read innocence, and I can still believe that one day our family will reunite. Can you help me realize that or any of my dreams? Help me believe again in the fairness of this country and do the right thing by re-evaluating the situation.

 

I wish you peace with your decisions.

 

Help me save my husband.

Help us save lives.

Help us by stopping this inhumanity.

 

 

Sophie Harkat

1023 Teena Colleen Private

Greely, ON K4P 1C7

Tel.: (613) 822-4445

 

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  Ms. Sophie L. Harkat

1023 Teena Colleen Private

Greely ON K4P 1C7

Tel.: (613) 822-4445

Email: sophielamarche@hotmail.com

 

Dear Friend,

My name is Sophie Harkat, wife of Mohamed Harkat (arrested on December 10, 2002) under allegations of terrorist links. I am writing to you today because I am in great need of your help. My husband was arrested almost four month ago and has been in jail since then with no charges. Born in Algeria (and of Islamic faith), my husband has been in Canada since October of 1995 working three jobs, trying to make a new life for himself. My husband and I have been together for almost 3 years and married for 2 years this January 2, 2003. I spent my anniversary alone this year thinking about my husband in jail. My husband, my family and I have been living a total nightmare since then. It is very difficult to visit my husband in jail (twice a week for only 20 minutes) separated by thick glass and bars. The conditions he is living in are horrible and unfair. Who would think that things like that are happening in Canada. Home of the free......not anymore!

 

The reason for my letter is to ask for your help and support. My husband was arrested under the new law that allows the government to sign this so called Aspecial certificate@ that allows them to arrest anyone who THEY THINK might, or has been or will be involved in acts of terrorism. My team of lawyers has no access to this information, so it makes it impossible to defend my husband properly with a fair trial. So far, no one has seen this information gathered by CSIS. Amnesty International is fighting this battle with us trying to force the federal government to abolish this Aspecial certificate@ and raise the fact that this arrest and trial is unfair, and goes against all human rights. The consequences of this trial could be fatal for my husband if he is deported to his homeland of Algeria. He has NO chance to make it alive. This is a matter of life or death. This new certificate could be the beginning of a series of arrests amongst people of Arabic decent and Islamic faith. This could happen to anyone. You are no longer safe, especially now in Canada. It has been proven that CSIS and the government have made mistakes in the past and will continue to do so. We can no longer let this happen. The defense for my husband is crucial. We have to prove that once again, they are making a huge mistake.

 

I have a team of three lawyers working on this case full time at a reduced rate. Unfortunately, the costs of this trial exceed my salary by far. I have been asked to move out of my apartment building, and at the age of 28 am now living once again with my mother so as to afford my legal team. I am very fortunate to have this team who is working beyond their means to win this case. I have a great deal of faith in them, and they are working closely with my family and I in order to accommodate us and help us go through this by making it easier on all of us. Like many other Canadians, I am left with debts and school loans still to pay. It is very difficult financially and that is where you can help out. My lawyer has confirmed with me this week that we were able to get an expert from Toronto who agreed to speak at the trial exposing the incompetence of CSIS in the past, and to prove that they have made many mistakes since then, arresting innocent people like my husband for no justifiable reasons. This expert has also agreed to work with us at a reduced rate, but will still cost a few thousand dollars. He is crucial to this case, and can help us win this battle. I would also like to have extra dollars to help pay for my legal team and to save in case of emergency if my husband has to leave the country. I have made the decision that if ever things turn out for the worst, I will follow my husband where ever they send him. I will be putting my own life in danger, but that is the promise I made him when we married. For better or for worse.

 

During this difficult period in our lives, my husband has become, my best friend, lover and HERO. He is my biggest source of inspiration and strength. I love him more everyday. We strongly believe that God will know the truth and help us through this ordeal, but faith is not enough at this time to save my husband. This is a plea from the heart to help us with our cause. Please help us by giving a few dollars in order to help out with our defense team. This case will become an example for the future. This unfair treatment will certainly not be the last. I want to make sure this never happens to any other wife, mother, child or member of your community. I do not wish this traumatic experience on anybody. NO one deserves to go through this at any time in their lives.

 

If you have questions, please do not hesitate to contact my main lawyer, Mr. Bruce Engel in Ottawa at (613) 235-6324 at any time. He can answer all your questions. Things are progressing fast, so we would appreciate a donation as soon as possible if you can. I have inserted a return envelope with a pledge form. I put my trust in your hands hoping you can help. Please give generously from the bottom of your heart. I would forever be grateful to you and your community. If your community can help me in any other way, please let me know.

Help me save my husband and best friend. Help me save a life!

I am counting on your support.

Peace be upon you.

 

 

Sophie L. Harkat

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Denis Coderre

 

Minister, Citizenship and Immigration Canada

House of Commons

Ottawa, Ontario

K1A 0A6

Wayne Easter

Solicitor General

House of Commons

318 Justice Building

Ottawa, Ontario

K1A 0A6

 

RE: Mohamed Harkat and his jailing without charges

After having been informed about Mohamed Harkat's arrest, I am completely outraged that the law has failed him. In fact, I question the justice of your knowledge and actions to disallow a full, open public hearing of all the facts, which are also withheld from Mr. Harkat and his lawyer.

How can you maintain his detainment in jail on allegations? You are holding Mr. Harkat, other refugees, and other non-status Algerians without due process. Is your justice about a Security Certificate that also is a removal order that cannot be appealed while disallowing non-status Algerian immigrants and refugees to defend themselves in court and otherwise? You are presenting threats to national security in the way of detainment and expedient removal. Shame on you! Part of my definition of true safety and security are providing everyone with clean water, a stable food source, housing, and the right to cross borders. Your definition of safety and security have proven to be racist and a violation of human rights.

I can also compare this unjust treatment to the evacuation of my family and community. It is well known that Canada stripped individuals of my community of their Canadian citizenship. The racial profiling that was carried out then is undeniably the same.

I demand that Mohamed Harkat be released immediately, not deported, and allowed due process. Also, the Security Certificate that is secretive and violates human rights must be abolished immediately. Furthermore, all deportations to Algeria and a return to the moratorium on removals to Algeria must end immediately.

Sincerely,

Emi Koyanagi

 

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Wayne Easter, Solicitor General, Canada

Denis Coderre, Minister, Citizenship and Immigration Canada

 

March 31, 2003

 

letter writer for justice

Ottawa, On

 

Mister Coderre and Solicitor General Easter,

I am writing with regard to the case of Mohamed Harkat, refugee and detainee under the Security Certificate.

Arrests under the Security Certificate are unjust and should be abolished. Arrests under the Security Certificate deny the rights of non-citizens in Canada, creating a second tier legal system for Canada’s newest migrants. Trial without due process is unacceptable in Canada. The case against Mohamed Harkat must permit evidence against him to be presented to his lawyer. And the right to appeal must be reinstituted.

Finally, I urge you to reconsider the reestablishment of a moratorium on deportations to Algeria. The state murder of political dissidents in Algeria is well known in Citizenship and Immigration Canada. Indeed, Mohamed Harkat was granted refugee status because of his political afflictions in Algeria. To deport him to Algeria is to be complicit in his possible persecution.

Solicitor General Easter and Minister Coderre, please abolish the Security Certificate, end deportations to Algeria, and release Mohamed Harkat from arrest.

Sincerely,

letter writer for justice

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