Click on the image above to be taken to our petition Website www.harkatstatement.com where you can add your name to our "Statement Against Security Certificates".
MORE DETERMINED THAN EVER: The December 9, 2010 ruling by Federal Court judge Noel that the Security Certificate against Mohamed Harkat is "reasonable" was, as many have stated, a punch in the gut. But we are still standing, and stronger and more determined than ever to fight this injustice. Read more about how you can help.
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Government fails to show that it is reasonable to keep Mahjoub under conditions
posted on February 03, 2012 | in Category Mahjoub | by Brian
by Press Release Source: People's Commission Network URL: [link] Date: February 3, 2012
Mohammad Mahjoub in 2008. Photo by Fred Lumm.
Court: Government fails to show that it is reasonable to keep Mahjoub under conditions
Detained without charge for almost 12 years, Toronto man gains significant freedoms
Toronto, 3 February 2012 -- A Federal Court decision says the government failed to show that it is reasonable to maintain intrusive conditions of control and surveillance on Mohammad Mahjoub, arrested under a security certificate almost twelve years ago. The decision is the outcome of detention review hearings that took place in late 2011.
"People who care about justice and are not frightened by vague, unproven and unconvincing allegations must call for Mr. Mahjoub's immediate release from ALL conditions. The court is clear: the government has failed to show that he should be kept under his current conditions. The question is then why are any conditions maintained? His full liberty must be restored to him immediately," said Mary Foster, an activist with the People's Commission Network.
While the decision does not free Mr. Mahjoub entirely, he has nevertheless won considerable concessions. For the first time since 2000, he will be able to go anywhere in Toronto without supervision or notifying the CBSA; in addition, his curfew will be lifted and a camera in front of his house removed; and he will be able to travel anywhere in Canada.
"I am looking forward to enjoying more freedom," said Mr. Mahjoub, "Maybe for others it doesn't seem like much, but to someone who has been denied the right to walk about or travel freely for twelve years it is very precious. It gives me a foretaste of the day when this nightmare will be behind me entirely and my name will be cleared from false allegations and malicious labels."
Many intrusive conditions nevertheless remain, such as a prohibition on use of internet and cell phone, phone tapping, and supervision outside Toronto.
"It is very disturbing that the Court says the presumption of innocence does not apply in security certificate cases because there are no charges," added Foster. "That is a very dangerous logic. Where are we headed with this?"
A series of scandals rocked Mr. Mahjoub's case over the last year. In December 2011, media reports revealed the existence of a secret CSIS memo in which the spy agency admitted that "the bulk of information" in Mr. Mahjoub's security certificate file was tainted by torture. During the summer, Department of Justice staff seized confidential documents belonging to Mr. Mahjoub and his lawyers from the Federal Court, mingling it with their own. Mr. Mahjoub has applied for a permanent stay because of the serious and ongoing breach of client-solicitor privilege. Neither of these issues were considered in this week's decision.
Mr. Mahjoub is a torture survivor who was accepted as a refugee in Canada in 1996. The 51-year old father of two was arrested under an immigration "security certificate" on the request of CSIS in June 2000. After his release from prison, he was placed under intrusive house arrest conditions, pending the final outcome of his case.
Two other men remain under security certificates in Canada: Mohamed Harkat in Ottawa, an Algerian refugee who has been fighting a security certificate for nine years, and Mahmoud Jaballah in Toronto, a torture survivor from Egypt who was arrested in 1999, released, and then re-arrested on the same information in 2001. Certificates against Hassan Almrei and Adil Charkaoui were thrown out in 2009; both men are now suing the government for reparations.
For interviews: 514 222 0205 Source: People's Commission Network [link]
by Andrew Duffy Source: The Ottawa Citizen URL: [link] Date: January 20, 2012
OTTAWA — Lawyers for Ottawa’s Mohamed Harkat have asked the Federal Court of Appeal to strike down the country’s security certificate law for a second time.
The Harkat case will be the first to test whether the government’s revised security certificate law can withstand a challenge under the Canadian Charter of Rights and Freedoms.
The previous version of the law, used to deport foreign-born terror suspects, was ruled unconstitutional by the Supreme Court in February 2007.
In that ruling, Canada’s high court said the security certificate process was so secretive that it denied defendants the fundamental right to meet the case against them.
The government subsequently introduced a new law, which gave terror suspects the right to be represented in secret hearings by “special advocates” — defence lawyers with security clearance. Special advocates are allowed only limited contact with the accused.
Harkat’s legal team contends the new law still leaves defendants too much in the dark.
“The only evidence that truly matters is unknown to him (Harkat),” wrote lawyers Matthew Webber and Norm Boxall in a court brief.
“It is apparent that public proceedings are little more than a façade, with little to no direct evidence shown to Harkat.”
For example, they said, the federal government publicly alleged that Harkat spent time in Afghanistan. But the Algerian-born Harkat was told nothing about the timing, duration, purpose or destination of the alleged sojourn, which made it next to impossible to refute.
It is not enough, the lawyers argued, for the government to offer the “veneer of public disclosure” when it is only through detail that Harkat can attack the validity of such allegations.
Here are a few more photos from our recent rally at the Human Rights monument in Ottawa. Thank you Terry Stanvyck for sharing your pics.
Sophie and Mohamed Harkat listen to one of the speakers at the Rally CAIR-CAN's Ihsaan Gardee. Photo by Terry Stanvyck.
Mohamed Harkat was the last speaker. In a symbolic gesture of solidarity his supporters joined him on stage and stood behind him. Photo by Terry Stanvyck.
by Matthew Behrens Source: Rabble.ca URL: N/A Date: December 21, 2011
Four years after the Supreme Court of Canada unanimously found them unconstitutional, secret hearing "security certificates" are still in use, with a number of Muslim men fighting unseen allegations while under threat of deportation to torture.
Security certificates have long been used by Canada's scandal-plagued spy agency CSIS (the Canadian Security Intelligence Service) to tar refugees and permanent residents as national security threats without having to explain the allegations against them. Those detained under the process are never charged, and subjected to lower standards than those applying to any citizen facing similar accusations. Indeed, the law governing the procedure allows for the introduction of any piece of information "even if it is inadmissible in a court of law."
For the past decade, five Muslim men -- dubbed the Secret Trial Five -- have endured this Kafkaesque process both behind bars and under humiliating house arrest. Last month, the release of two formerly classified documents indicates that the national security secrecy claims that form the bedrock of these cases have in fact served as a cover for illegal and unethical acts by CSIS.
Thank you, Tyrone (OttawaFRO), for filming and uploading to YouTube this video footage from Saturday's Rally in Ottawa on International Human rights day.. Mo himself was at the event and made an emotional speech which you can watch in Part 7. Thanks to all who attended.Keep fighting! Keep agitating!
by Justice For Mohamed Harkat Committee Source: Rabble.ca URL: [link] Date: December 9, 2011
Think back to December 10, 2002 -- nine years ago this weekend, International Human Rights Day.
Perhaps on that day you were aware of the human rights significance, and perhaps not. But more importantly, what were you doing with your life back then? Were you in a different job? A different city? Perhaps in the interim you earned a post-secondary degree or diploma, or possibly more than one. How many job interviews did you attend in those nine years? How much money have you earned? Did you have children? Did you visit relatives in another province? Perhaps take a honeymoon? Travel abroad?
None of these things have been possible for Mohamed Harkat. This weekend -- International Human Rights Day -- marks the ninth anniversary of the detention of Mohamed Harkat under a security certificate -- a draconian detention under the so-called Immigrant and Refugee Protection Act for which no charge is laid, and the information on which the allegation is based is kept secret from the detainee and their lawyers.
Even though courts recently ruled Mohamed Harkat does have ties to terrorism, his supporters are protesting his treatment on the 9th anniversary of his charges.
Dozens of people gathered at the human rights monument in downtown Ottawa on Saturday to support Harket.
Harkat, an accused al-Qaida sleeper agent who has been fighting to stay in Canada since he was arrested on a federal security certificate, declared his innocence to a throng of supporters and media.
Flanked by wife Sophie, Harkat said the conditions he is forced to live with have taken a toll on himself and family.
“It’s my life destroyed completely,” said Harkat on Saturday. “I’ve never chatted to a criminal, I’ve never had a criminal record, I’ve never been involved with terrorism, I’ve never seen the evidence against me.”
Among his conditions, Harkat cannot use the Internet, is monitored by GPS and cannot leave Ottawa without permission.
An online petition in his support has gathered about 5,000 signatures.
“It’s simply impossible for people like Mohamed Harkat to have a fair trial when secret evidence is involved,” said supporter Evert Hoogers, a retired postal worker. “None of that is acceptable to me.”
Several speakers, including human rights activists, spoke at the rally, which included chants and banners in support Harkat.
An unidentified man stood next to the Harkats, with his mouth duct-taped, hands bound and blindfolded.
“This war on terrorism has been a direct attack on each and every human citizen’s human rights,” said Larry Rousseau, regional vice-president of the Public Service Alliance of Canada. “If we sit back and do nothing, we will lose what we have acquired.”
In December 2009, Harkat’s security certificate was upheld by a Federal Court Judge, who ruled the government had reasonable grounds to suspect Harkat of being a threat to Canadian public safety.
Kevin Skerrett, with the Justice for Mohamed Harket committee, hopes awareness will further the cause.
“I think as more people learn of the details of this, the more outraged they are,” said Skerrett.
Harkat is appealing his case and looking forward to a court date in February.
He said Saturday he is willing to take his case all the way to the Supreme Court.
“Justice is delayed. That’s all I’m hoping for,” said Harket. “I’m innocent. That’s all I want, just an open trial like anybody else.”
Source: CTV Ottawa URL: [link] Date: December 10, 2011
An Ottawa man is still trying to clear his name after terror-related allegations surfaced nine years ago.
Mohamed Harkat continued to deny allegations that he is an Al-Qaeda sleeper agent at a rally in Ottawa Saturday afternoon.
Dozens of supporters gathered at the Human Rights Monument at the corner of Elgin and Lisgar to help draw attention to Harkat's goal.
"I'm going to fight until my last breath to clear my name and to have an open and fair trial," said Harkat.
Harkat says he is a refugee who fled Algeria and that he would be tortured if forced to return to his homeland.
The arrest took place on Dec. 10, 2002 under a Security Certificate which allows for detention without charge.
A notice sent to CTV Ottawa says Harkat has never been "afforded the opportunity to counter the allegations ... because the vast majority of the crown's case remains a secret."
Due to the allegations, Harkat faces deportation and continues his fight to stay in Canada. His case will be heard by the Federal Court of Appeal in February.
Support our work. Please write us a cheque or money order. We urgently need it. Please make it payable to "Justice for Mohamed Harkat Committee" and mail it to:
Justice for Mohamed Harkat Committee 14 Perkins St. Ottawa, ON K1R 7G5
Once your cheque or money order is in the mail, confirm at: justicepourmohamedharkat at yahoo.ca
Click on the photo of Mohamed to see all items related to him. DEC 9, 2010: A federal court judge today ruled to uphold the 2nd security certificate against Mohamed Harkat, finding it "reasonable." Justice Simon Noel found against Mr. Harkat and upheld the regime of secret hearings and judicially sanctioned rendition to torture.
This fight is not over. The Justice for Mohamed Harkat Committee will re-double its efforts to see that justice is done for Mohamed Harkat and that the odious security certificate system of injustice is abolished once and for all.
.jpg "Mohammad Mahjoub in 2008")
