A High Court judge has quashed a refusal by the Minister for Justice to revoke a deportation order against an Algerian who was said to have links to Islamic terrorism and feared torture if returned to his home country.
Mr Justice Richard Humphreys found that the Minister’s decision not to revoke the deportation of the man, who cannot be identified for legal reasons, was in breach of fair procedures. He said that the Minister’s decision was significantly flawed because of a failure to apply a specific legal test with regard to evidence on which the refusal was based.
The judge adjourned the matter until September when he will hear submissions on whether or not the matter should again be remitted to the Minister in full or in part. The judgment was the third occasion where the courts have ruled in favour of the man in respect of challenges brought against the refusal to revoke the order.
The Supreme Court in July 2017 quashed the Minister’s first refusal to revoke the deportation order issued in late 2016 and also remitted the man’s case to the Minister for further reconsideration.
The Supreme Court’s ruling followed an appeal against an earlier High Court decision that the Minister’s belief was lawful on the basis there were no substantial grounds of a real risk of ill-treatment if the man was deported.
Last December, Mr Justice Humphreys quashed the second refusal by the Minister to revoke the deportation order due to a failure to inform the man’s lawyers that certain information about Algeria was relied upon by the Minister when considering the application to revoke. Mr Justice Humphreys had sent the matter back for fresh consideration.
Then in February, after the case has been reconsidered, the Minister again refused to revoke the deportation order. It led to new legal argument on a breach of fair procedures and that the Minister’s decision was irrational in having failed to apply the correct legal test.
Lawyers for the State had submitted there had been significant improvements with regard to the protection of human rights in Algeria especially since 2016.
In finding that there had been a breach of fair procedures, Mr Justice Humphreys said his reasons last December for quashing the Minister’s failure to revoke the order and sending it back, had either been “misunderstood” or “simply ignored.”
“If I may be permitted to borrow from Oscar Wilde, to lose one application may be regarded as a misfortune; to lose a second on the same grounds looks like carelessness”, the judge said.
It had been alleged the man, who has been in custody since 2016, was convicted of terrorism offences in Algeria and France and had previously used multiple identities. He had been jailed in Ireland for attempting to travel on a false passport.
The Minister issued a deportation order against the man in 2016 after gardaí informed the Department of Justice they were seriously concerned about his activities and those of his associates which, gardaí believed, were “contrary to the State’s security”.
Aged in his 50s, the man has lived in Ireland for several years and denies being involved in terrorism or in groups including al-Qaeda. He claims he is at risk of being tortured and subjected to inhuman or degrading treatment or punishment due to his political views.
He claimed that during the 1990s he was convicted of several offences in Algeria and received three life sentences and two death sentences. These offences had included forming an armed terrorist group intending to spread murder, sabotage, possession of prohibited war weapons assassination and theft intending to harm the security of his home country.
He was jailed for eight years following his arrest in France in 2002 after he was found guilty of charges including membership of a criminal organisation preparing an act of terrorism.
© 2018 THE IRISH TIMES
High Court quashes refusal by Minister of Justice to revoke deportation of Algerian
posted on November 04, 2018 | in Category International | PermaLinkJudgment reserved in Algerian man's challenge against deportation order
posted on August 11, 2018 | in Category International | PermaLinkThe Government Must Stop The Deportation Of Mohamed Harkat
posted on July 04, 2018 | in Category Mohamed Harkat | PermaLinkSource: Huffington Post URL: [link] Date: June 25, 2018 What the government has put Harkat through has had a significant impact on his physical and mental health.
June 26 will mark the International Day in Support of Victims of Torture. Today, though, there will be a rally at the Prime Minister's Office to once again call on the Canadian government to meet its commitments to counter torture in all its forms, including deporting innocent people to imprisonment and torture abroad. In December 2002, Mohamed Harkat, an Algerian refugee to Canada, was arrested in Ottawa by Canadian authorities and placed under a security certificate for alleged links to terrorism. For a decade and a half, he has lived a Kafkaesque experience of never once being charged with a crime but being imprisoned for 43 months in a maximum-security prison, put under house arrest and placed under some of the most severe bail conditions in Canadian history. He continues to face strict bail conditions today. Despite never facing trial, never seeing the full evidence used against him and never even formally being accused of a crime, Canada continues to threaten Harkat — a United Nations Convention refugee — with deportation to Algeria, where he will be imprisoned and will very likely face torture. Today, Harkat's fate lies with the Minister of Public Safety, Ralph Goodale. Harkat could be deported to torture or he could be granted the status to continue to live a peaceful life in Ottawa with his wife, Sophie Lamarche, and his family and friends. For them, he is simply "Moe," a loving and soft-spoken man who is always ready to help those around him. But Moe, Sophie and their friends and family have been living in constant fear since the deportation proceedings against him were started three years ago, in 2015. Since 2009, all of the assessments conducted by the Canadian Security Intelligence Service (CSIS) as well as esteemed psychiatristsconcluded unequivocally that Harkat poses a very low risk to Canada, placing him at lowest level of risk on the scale. The International Civil Liberties Monitoring Group (ICLMG) has closely followed the case of Mohamed Harkat since it came to the public eye in 2002, working with the Justice for Mohamed Harkat campaign. In 2013, ICLMG obtained intervener status in the Supreme Court case opposing Harkat to the Canadian government. Today, as we have done for the last 15 years, we oppose the highly problematic use of secret intelligence in these cases and the lack of access to the "evidence" against the suspects, which makes it impossible for those accused to mount a defence. The Liberal government must live up to its words and allow Harkat to stay in Canada
In October 2017, Prime Minister Justin Trudeau clearly stated, "Nobody ever deserves to be tortured. And when a Canadian government is either complicit in that or was not active enough in preventing it, there needs to be responsibility taken." The Liberal government must live up to its words and allow Harkat to stay in Canada by immediately ending the deportation proceedings and lifting the security certificate that has dogged Harkat and his loved ones for more than 15 years. The toll of just the security certificate and its draconian rules approach what many would deem "cruel and unusual punishment." Sophie herself has described the "psychological torture" that they have gone through, including: being constantly followed by CBSA agents, restricting Harkat from taking on any employment that requires a cell phone or a computer, driving across provincial lines, unannounced visits and arbitrary house searches, and contradictory instructions from CBSA that cause further confusion and stress around following bail conditions. What the government has put Harkat through has had a significant impact on his physical and mental health. Last year, the clinical director of the Integrated Forensic Program at the Royal Ottawa Health produced a report on Harkat based on 112 evaluation sessions going back to 2009, as well as additional interviews dating back to 2005, which found that he has a "history of chronic depression, anxiety and post-traumatic stress related to having been incarcerated." It goes on to describe how "Mr. Harkat has experienced recurrent visions on a virtually daily basis over several months of being arrested, incarcerated, deported and tortured. Sometimes he has visions of being shot by CBSA due to a misunderstanding, minor misstep or accidental violation of his bail conditions." After living this dreadful experience for 16 years, Harkat deserves to go on with his life. The Canadian government has the power to make that happen today. More from HuffPost Canada:
Mohamed Harkat Urges Ralph Goodale To Let Him Stay In Canada
Terror Suspect Mohamed Harkat Unlikely To Commit Violent Acts, Psychiatrist Says
Hold CBSA Accountable For Deporting Detainees To Torture
Under the law governing Security Certificates, section 42.1 of the Immigration and Refugee Protection Act, Goodale can decide that allowing Harkat to stay in Canada is not contrary to the national interest. Based on court assessments, this a fact which to us is already clear.
Today at the Prime Minister's office, tomorrow on the International Day in Support of Victims of Torture and every day, we'll urge the Minister to use the power afforded to him under the law to stop the deportation of Harkat.
Copyright © 2018 TheHuffingtonPost.com, Inc.
Deported by Algeria, migrants abandoned in the Sahara Desert
posted on July 04, 2018 | in Category International | PermaLinkThe United Nations migration agency says Algeria has neglected more than 13,000 migrants in the Sahara Desert in the past 14 months. The migrants, who include pregnant women and children, are left without food or water and forced to walk long distances.
Algeria denies committing human rights abuses, calling the allegations a malicious campaign.
Al Jazeera's Victoria Gatenby reports (see VIDEO LINK above).
© 2018 Al Jazeera Media Network
VIDEO: Stop the deportation to torture of Mohamed Harkat, Ottawa vigil, June 2018
posted on July 04, 2018 | in Category Mohamed Harkat | PermaLinkURL: [link] Date: June 28, 2018 In this video of the event held in Ottawa on June 25, 2018 you will hear from the following speakers on why Canada must stop Moe's deportation now! - Matthew Behrens, Coordinator of Stop Canadian Involvement in Torture and Campaign to Stop Secret Trials in Canada - Alex Neve, Secretary General, Amnesty International Canada - Joel Harden, MPP for Ottawa Centre - Jo & Ria from the Ottawa Raging Grannies, the Justice for Harkat Support Committee - Tim McSorley, National Coordinator for the International Civil Liberties Monitoring Group (ICLMG - CSILC) - Sophie Lamarche Harkat, Moe's wife and activist Here is the video of the whole rally on Youtube [link]
Thank you so much Anne for shooting and live streaming this event!
Migration policies can amount to ill-treatment and torture, UN rights expert warns
posted on March 05, 2018 | in Category International | PermaLinkJudge loosens some of terror suspect Mohamed Harkat’s release conditions
posted on February 08, 2018 | in Category Mohamed Harkat | PermaLinkLes conditions de libération de Mohamed Harkat sont assouplies, mais pas suffisamment à son goût
posted on February 08, 2018 | in Category Mohamed Harkat | PermaLinkUn texte d'Angie Bonenfant Mohamed Harkat, 49 ans, fait l'objet d'un certificat de sécurité depuis 2002. Il est soupçonné d'être un agent dormant du réseau terroriste Al-Quaïda. Il est soumis à une surveillance étroite de l'Agence des services frontaliers du Canada (ASFC). Il doit, entre autres, se rapporter aux agents du ministère toutes les deux semaines. M. Harkat demandait à la cour de lui accorder une liberté de déplacement totale au Canada sans devoir avertir l'AFSC. Il souhaitait également se rapporter aux agents seulement une fois par mois, par téléphone. Dans un jugement de 55 pages, obtenu par Radio-Canada, la cour fédérale a rejeté la demande de Mohamed Harkat de se déplacer partout au Canada sans restriction. Cependant, elle lui a permis de voyager n'importe où au Québec et en Ontario pour une période de 72 heures sans devoir avertir les autorités. La cour lui accorde également la permission de se rapporter une fois par mois à l'AFSC, mais il devra le faire en personne. En plus d'une liberté complète de déplacement au Canada, M. Harkat qui réside dans la région de l'Outaouais demandait un accès plus large à l'internet. Présentement, M. Harkat a la permission d'utiliser à la maison un ordinateur ayant accès à internet, mais il aurait également voulu utiliser un ordinateur portable ou une tablette à l'extérieur de sa résidence. Sa demande a été rejetée. Toutefois, la cour serait encline à lui permettre l'utilisation d'une tablette ou d'un ordinateur portable en dehors de sa maison pour des motifs d'employabilité. Une déception
L'épouse de Mohamed Harkat, Sophie, s'est dite très déçue du jugement. « Au fil des années, mon mari a eu un comportement exemplaire. Le gouvernent n'a présenté aucune preuve prouvant la nécessité des conditions qui sont encore en place », a-t-elle déploré. « C'est une déception, mais nous n'avons pas le choix de vivre avec ça jusqu'à notre prochaine évaluation. » Même si la juge a assoupli certaines conditions de libération, son mari aura toujours de la difficulté à se trouver un bon emploi, plaide-t-elle. Elle aurait aimé, au moins, qu'il puisse utiliser un portable à l'extérieur de la maison. « C'est possible pour lui de se trouver un emploi même s'il n'a pas accès à un téléphone cellulaire et à l'internet, mais ça le limite énormément et ça le limite au niveau du salaire aussi », soutient-elle. M. Harkat a été arrêté en 2002 à Ottawa. Depuis, le gouvernement canadien cherche à le renvoyer dans son pays d'origine, l'Algérie. Les autorités croient qu'il représente une menace à la sécurité nationale. M. Harkat nie être un agent terroriste et prétend qu'il sera torturé s'il est déporté en Algérie. Mohamed Harkat, quelques dates clés
2002- Mohammed Harkat est arrêté le 10 décembre, à Ottawa, en vertu d'un certificat de sécurité. Les autorités canadiennes le soupçonnent d'être un agent dormant du réseau terroriste al-Qaïda.
2006- Mohammed Harkat, qui est en détention depuis son arrestation, est remis en liberté sous des conditions très strictes. Il doit porter un bracelet qui surveille tous ses déplacements 24 heures sur 24.
2010- En Cour fédérale, Mohammed Harkat remet en question la validité du certificat dont il fait l'objet. Toutefois, le 9 décembre, la cour juge que le gouvernement a de bonnes raisons de croire qu'il est une menace pour la sécurité nationale et confirme la validité du certificat.
2013- Après l'avoir porté pendant sept ans, Mohammed Harkat se fait retirer son bracelet GPS. Le 7 juillet, la Cour fédérale considère que le danger initial associé au résident d'Ottawa est assez faible pour lui accorder cette faveur. Le certificat de sécurité est maintenu.
2017- Mohammed Harkat souhaite qu'on assouplisse ses conditions de détention. Il aimerait, en autres, avoir une liberté de mouvement totale au Canada et un accès plus large à l'internet. La Cour fédérale refuse sa demande.
Tous droits réservés © Société Radio-Canada 2018.
CSIS and the RCMP accused of neglecting far-right threat
posted on February 08, 2018 | in Category CSIS | PermaLinkAt around 7:30 p.m. on Jan. 29, at the Centre Culturel Islamique de Québec on the outskirts of Quebec City, the mosque’s parking lot was filling up for evening prayers. The centre is housed in a modern glass and steel office building, located on the corner of a busy thoroughfare.
At 7:50, a commotion was heard outside one of the entrances to the prayer room. There, two distant cousins, Mamadou Tanou Barry and Ibrahima Barry, were the first to be shot by a gunman, who then walked inside the room and continued his killing spree. It was all over in a few minutes - with six men dead and 19 wounded.
The suspect arrested was 27-year-old Université Laval student Alexandre Bissonnette, who is alleged to have been influenced by far-right and perhaps alt-right ideas.
In the minds of some, this deadly attack raised a question: while CSIS and the RCMP have spent years and vast sums spying on (and often harassing) Muslims, environmentalists, Indigenous and social justice activists, have they been overlooking a far more dangerous threat from the extreme right? After all, prior to the attack, Bissonnette was not even on the police’s radar.
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CSIS and RCMP accused of entrapping terrorism suspects
posted on February 08, 2018 | in Category CSIS | PermaLinkOn July 2, 2013, the RCMP held a press conference in Surrey, B.C. Standing against a bright-blue backdrop, grim-looking senior RCMP officers, dressed in full regalia, displayed photos of pressure cookers said to have contained explosives. They then solemnly announced the arrest of two people, which had occurred the previous day, for “terrorism-related activities.”
John Nuttall, 38, and his common-law wife, Amanda Korody, 29, had placed what they thought were three bombs on the grounds of the B.C. legislature in Victoria, designed to kill dozens of people. The case, which the RCMP called “Project Souvenir,” made for sensational headlines and the couple was soon labelled the “Canada Day bombers.”
In 2015, Nuttall and Korody, who live in Surrey, B.C., were convicted by a jury and facing stiff sentences. But immediately after the verdict, the couple's lawyers applied for a stay of proceedings over how the RCMP had conducted their sting operation. Before the Supreme Court of British Columbia, and over weeks of hearings that stretched from the summer of 2015 until the summer of last year, the Mounties' methods of investigating Nuttall and Korody were placed under a microscope in the main courthouse in Vancouver.
Finally, when the court made its ruling a year ago, it was a stunner: the judge accused the RCMP of entrapment – of basically fabricating most of the terrorist plot.
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