Even worse, the security certificate represents the lower rung of a two-tier justice that employs the lowest standards available, while anything not normally admissible in a court of law can be used in these cases (which means one is no longer in a court of law). It only applies to refugees and permanent residents, and ultimately can result in deportation to a country where the scarlet letter of "security threat" means an immediate booking in the nearest torture centre.
The process under which Harkat was arrested on Human Rights Day in 2002 was finally declared unconstitutional in 2007, but not before he spent a harrowing 3.5 years behind bars, including at the infamous Guantanamo North facility especially built for secret trial detainees on the grounds of Kingston's Millhaven Penitentiary.
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Mohamed Harkat
Kafka's Canada at 15: The secret trials of Mohamed Harkat
posted on December 01, 2017 | in Category Mohamed Harkat | PermaLinkTerror Suspect Mohamed Harkat Unlikely To Commit Violent Acts, Psychiatrist Says
posted on November 18, 2017 | in Category Mohamed Harkat | PermaLinkMohamed Harkat is asking for authorities to loosen his restrictions.
OTTAWA — A psychiatrist who has treated terror suspect Mohamed Harkat for the last eight years says the refugee from Algeria is unlikely to commit violent acts. Dr. Colin Cameron told a Federal Court of Canada hearing Friday on Harkat's release conditions that his patient supports democracy and expresses revulsion about terrorist attacks. "I'm trained to be very skeptical of people," Cameron told the court. "I've asked a lot of pointed questions to him." Harkat, who is closely monitored by Canadian border agency officials, wants general permission to use the internet outside his family home and to travel freely within Canada. Authorities are asking the court to deny the requests and make only minor modifications to existing conditions, saying Harkat continues to pose a threat almost 15 years after being arrested. As the two-day hearing wrapped up Friday, Justice Sylvie Roussel said she planned to issue a decision soon on whether to relax current restrictions. Denies involvement in terrorismHarkat, 49, was taken into custody in Ottawa in December 2002 on suspicion of being an al-Qaida sleeper agent but he denies any involvement in terrorism. The federal government is trying to deport the former pizza-delivery man using a national security certificate — a legal tool for removing non-citizens suspected of ties to extremism or espionage. He fears he will be tortured if returned to his Algerian homeland, something Cameron says Harkat has frequent nightmares about. Federal Court Justice Simon Noel ruled in 2010 that there were grounds to believe Harkat is a security threat who maintained ties to Osama bin Laden's terror network after coming to Canada. Federal lawyer David Tyndale repeatedly cited Noel's findings as justification for vigilance concerning Harkat. Lives under specific conditions
Harkat was released from custody in June 2006 under stringent conditions that have since been loosened to a degree. He now lives at home with his wife, Sophie, and has access to a computer connected to the internet at their residence. He has to report in person to the Canada Border Services Agency every two weeks. Although Harkat can travel within Canada, he must provide the border agency with five days' notice of his plans as well as a full itinerary when leaving the national capital region. He also has to report to the border agency by phone once a day while travelling. Border services officers have followed the couple on trips to a cottage and to the funeral of Sophie's grandmother. Wants level of supervision reassessed
Barb Jackman, Harkat's lawyer, objected to the level of scrutiny and said there was nothing to indicate Harkat poses an actual danger. "I think there's got to be some evidence of a threat to the security of Canada," she said during Friday's hearing. "Over time, we have to look at things again, in an objective way." Roussel asked Tyndale if there was a way to avoid intrusive surveillance of family outings, or if there were no exceptions to the monitoring routine. Tyndale suggested that tracking Harkat to the out-of-town funeral was not beyond the scope of the border agency's duties. When someone is flagged by a security certificate as inadmissible to Canada, "some upsetting things are going to happen in your life," he added. Officials willing to allow some concessions
Harkat wants permission to have a laptop computer and tablet with internet connectivity for use outside the home, including for work purposes. He wishes to report to the border agency monthly by phone, through voice verification. And he wants restrictions on his travel lifted, with the exception that he remain in Canada.
Authorities are willing to allow Harkat to travel anywhere in Ontario or Quebec for up to 24 hours without notifying the border agency, and agree to him reporting in person once a month.
But they oppose the idea of Harkat having general internet access outside the home, saying it would hinder their ability to keep tabs on his communications. They say requests to use communications technology for work purposes should be dealt with on a case-by-case basis.
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Mohamed Harkat seeks relaxation of strict monitoring
posted on November 16, 2017 | in Category Mohamed Harkat | PermaLinkFederal authorities are balking at terror suspect Mohamed Harkat's desire for more leeway to use the internet and travel freely within Canada, saying he continues to pose a threat almost 15 years after being arrested. Harkat is asking the Federal Court of Canada to approve his application for less strict monitoring of his everyday activities by the Canada Border Services Agency as he awaits the outcome of his protracted legal saga. A two-day court hearing begins today to determine whether current restrictions on the Algerian refugee will be eased. Harkat, 49, was taken into custody in Ottawa in December 2002 on suspicion of being an al-Qaida sleeper agent. The federal government is trying to deport the former pizza-delivery man to Algeria using a national security certificate — a legal tool for removing non-citizens suspected of ties to extremism or espionage. Harkat fears he will be imprisoned and tortured if returned to his homeland. Related
Mohamed Harkat certain he'll be killed if deported to Algeria
Ban Trudeau from Harkat deportation over brother's letter, says democracy group
Following his arrest, Harkat was locked up for more than three years. He was released in June 2006 under stringent conditions that have since been relaxed somewhat. Harkat now lives at home with wife Sophie. He has access to a computer connected to the internet at his residence. He has to report in person to the border services agency every two weeks. And though Harkat can travel within Canada, he must provide the border agency with five days' notice of his plans as well as a full itinerary when leaving the national capital. He also has to report to the border agency by phone once a day while travelling. Harkat says he's not a threat
Harkat's submission to the court argues he "presents no threat to Canada or to any person" and that he has diligently complied with conditions for more than a decade. "A continuation of these conditions is not justified." The couple says the restrictions now in place have caused great stress and hardship, even preventing them from having children. Harkat wants permission to have a mobile phone, laptop computer and tablet with internet connectivity for use outside the home. He wishes to report to the border agency monthly by phone, through voice verification. And he wants restrictions on his travel lifted, with the exception that he remain in Canada. Authorities are willing to allow Harkat to travel anywhere in Ontario or Quebec for up to 24 hours without notifying the border agency, and agree to him reporting in person once a month. But they oppose the idea of Harkat having internet access outside the home, saying it would undermine their ability to keep tabs on his communications. In a submission to the court, the ministers of public safety and immigration say an October 2016 assessment by the border services agency concluded that any risks are neutralized by Harkat's compliance with the existing terms and conditions. "The fact that there is no new information linking Mr. Harkat to threat-related information activities does not warrant the variations he is requesting," the federal submission says. "The Ministers have not changed their position that Mr. Harkat remains a threat." Trudeau's brother has written on Harkat's behalf
Federal Court Justice Simon Noel ruled in 2010 that there were grounds to believe Harkat is a security threat who maintained ties to Osama bin Laden's terror network after coming to Canada. Civil libertarians have long criticized the security certificate process as fundamentally unjust because the detainee sees only a summary of the accusations, making it difficult to challenge them. In a 2014 ruling, the Supreme Court of Canada said the security certificate regime does not violate the person's right to know and contest the allegations they face. However, the high court provided detailed guidance on applying the process to ensure it is fair. The Supreme Court also concluded Harkat "benefited from a fair process" when Noel reviewed his case. Harkat's file continues to grind along. The border agency is in the process of seeking a "danger opinion" as a step toward deportation. A delegate of the immigration minister will determine whether Harkat poses a danger to national security and, if so, whether the risk to Harkat of removing him outweighs the danger or severity of the acts he allegedly committed. Many supporters, including Prime Minister Justin Trudeau's brother, Alexandre, have written to the government on Harkat's behalf over the years. © The Canadian Press, 2017
Fatally Flawed Anti-Torture Assurances
posted on June 14, 2017 | in Category Mohamed Harkat | PermaLink[ Read the rest ... ]
Blood on our hands: Canada's links to torture
posted on December 11, 2016 | in Category Mohamed Harkat | PermaLinkDecember 10th Is International Human Rights Days
posted on December 10, 2016 | in Category Mohamed Harkat | PermaLinkToday, December 10th, is International Human Rights Day. It is also the 14th anniversary of Mohamed Harkat's arrest on a security certificate.
At yesterday's press conference in Ottawa Amnesty International Canada secretary-general Alex Neve teamed up with International Civil Liberties Monitor Group national coordinator Tim McSorley and activists Sophie Harkat and Chantal Sunaram to mark International Human Rights Day, as well as the 14th anniversary of the security certificate-driven arrest of Mohamed Harkat.
Mohamed Harkat girds himself for another fight to stay
posted on August 05, 2016 | in Category Mohamed Harkat | PermaLinkPHOTO: Mohamed Harkat is pictured at his home in Ottawa. The native-born Algerian, who fled that nation amid political upheaval, arrived in Canada in 1995. He was imprisoned for 42 months in 2002 on suspicion of ties to terrorism. Mohamed Harkat — an Algerian who says he was wrongly accused of being an Al Qaeda sleeper agent — hopes he can finally win his freedom and the right to stay in Canada. “What the government is doing is wrong, and it’s not fair,” Harkat said in an exclusive interview with the Star. “And they got the wrong guy.” Harkat, who came to Canada in 1995 and claimed refugee status, has been fighting deportation since his arrest on a national security certificate in December 2002. He still dreams of one day becoming a Canadian citizen, even though his life in Canada has been very different from what he’d expected. “I thought one day I would have children, a house, a family . . . everything is destroyed. When I met Sophie, we had a plan to buy a house and have children.” The 47-year-old Harkat says he’s innocent and will face torture and persecution in his native Algeria if he is deported. Canada Border Services Agency did not comment on the specifics of the case, but confirmed that Harkat is under a removal order, following a Federal Court decision upheld by the Supreme Court of Canada. Esme Bailey, a senior media spokesperson for CBSA, added that the removal order “can only be enforced once due process under the Immigration and Refugee Protection Act has taken place.” A February 2016 CBSA document — marked top secret — states that, “should Mr. Harkat be allowed to remain in Canada, it can be presumed that, given the opportunity, he would work toward the ends espoused by the Bin Laden Network.” It recommends his removal from Canada. His lawyer, Barbara Jackman, plans to argue, in a formal petition to the public safety minister, that Harkat will face torture and persecution if sent back. She also plans to argue he is not a threat to Canada and should be allowed to stay on humanitarian grounds. In early September, she will seek an exemption from deportation. Canadian law does not allow deportation to a country where torture will occur unless there are exceptional circumstances. “You send him back with the public profile he’s got, and it’s asking for him to be further detained and tortured,” Jackman said. “I can’t see anything exceptional about Harkat’s case that would require he be deported to torture.”
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Harkat buoyed by U.K. court ruling that six terror suspects can't be deported
posted on April 26, 2016 | in Category Mohamed Harkat | PermaLinkSource: The Ottawa Citizen
URL: [link]
Date: April 25, 2016
[PHOTO: Mohamed Harkat's defence team hopes a recent UK decision on six terror accused will help in Harkat's fight against deportation to Algeria.]
Mohamed Harkat’s defence team will use a recent British court ruling to argue that the Algerian-born terror suspect should not be deported to the turbulent North African country.
A panel of judges from the United Kingdom’s Special Immigration Appeals Commission ruled last week that six Algerian terror suspects cannot be deported because of the “real risk” they’ll be tortured in their native country.
The judges said the situation in Algeria is unpredictable given the threat of Islamism in the region, and the frail health of President Abdelaziz Bouteflika.
Bouteflika, 79, suffered a serious stroke in April 2013 and questions remain about who’s actually running the country.
The U.K. judges said Algeria’s volatility undermined the government’s argument that “diplomatic assurances” could be relied upon to protect the six terror suspects from torture if deported.
The Algerians, who live in England under strict bail conditions, have been fighting deportation for 10 years.
In Canada, the federal government continues to pursue the deportation of Ottawa’s Harkat 14 years after he was first arrested on the strength of a national security certificate.
A feature of federal immigration law, security certificates give the government the power to remove foreign-born terror suspects based, in part, on secret evidence.
Harkat’s lawyer, Barbara Jackman, said the U.K. court ruling will form part of her submission to the federal official who must now decide whether Harkat should be deported.
That official, known as a minister’s delegate, must weigh the risk that Harkat poses to Canadians against the risk that he will be tortured in Algeria.
“The U.K. judgment,” Jackman said, “appears to be solidly grounded in the framework of human rights protection obligations.”
As signatories to the UN convention against torture, Canada and the U.K. are prohibited from returning people to countries where they face a substantial risk of torture or other inhuman treatment.
The Canadian government has sought to reduce the level of risk in the Harkat case by obtaining diplomatic assurances from the Algerian government that the al-Qaida-linked terror suspect wouldn’t be mistreated.
Harkat’s wife, Sophie, said the U.K. case shows that those guarantees are not worth the paper on which they’re written. “It confirms that diplomatic assurances are not reliable — and they’re the backbone of the whole process,” she said.
Harkat intends to formally petition Public Safety Minister Ralph Goodale later this year to allow him to stay in Canada. The minister has the statutory power to halt Harkat’s deportation if he finds that the action is “not contrary to the national interest.”
“This has lasted so long, we just want to put an end to this,” said Sophie Harkat. “Why do they want to go on with this process?”
Harkat, 47, has enlisted the support of dozens of high-profile Canadians, including Alexandre Trudeau, the prime minster’s brother. In a letter to Goodale, issued in Februrary, Alexandre Trudeau said he’s “absolutely convinced” that Harkat poses no danger to public safety in Canada.
In May 2014, the Supreme Court of Canada upheld the government’s revised security certificate regime and affirmed a decision that found Harkat to be an active member of the al-Qaida terrorist network.
The case against Harkat was built on 13 wiretapped phone conversations and at least two unnamed informants, one of whom failed a lie-detector test.
Harkat insists he will be tortured or killed if returned to Algeria, the country from which he fled in March 1990 during a military crackdown on government opponents.
Last week, Harkat underwent shoulder surgery to correct a longstanding injury that he suffered in a fall while delivering pizzas before his arrest in December 2002.
© 2016 Postmedia Network Inc. All rights reserved.
Hold CBSA Accountable For Deporting Detainees To Torture
posted on March 11, 2016 | in Category Mohamed Harkat | PermaLinkWhy is Ottawa still trying to deport Mohamed Harkat?
posted on March 05, 2016 | in Category Mohamed Harkat | PermaLink[ Read the rest ... ]