Without Due Process - How Canadian Security Certificates Make a Mockery of Justice
Date: April 24, 2003
MOHAMED HARKAT GOES TO TRIAL NEXT WEEK ON ALLEGATIONS, HE DENIES, THAT HE IS INVOLVED WITH TERRORISM
Mohamed Harkat was taking the garbage out when he was swarmed by police, guns drawn, and taken into custody on December 10, 2002. No charges were laid but he's been in solitary confinement in an Ottawa jail ever since.
Harkat's trial begins in Montreal on Monday, April 28. He is not accused of any crime, but must prove to the Federal Court of Canada that he does not pose a security threat to this country. The Canadian Security Intelligence Service (CSIS) and Citizenship and Immigration Canada have branded him a member of Osama bin Laden's network - a "sleeper-cell" agent, living an ordinary life until he can be of use to the world's most wanted terrorist - and therefore a danger to Canada.
But rather than trying him on terrorism charges, the government wants to deport Harkat back to Algeria. They can do this by employing a rarely used "security certificate," based on secret CSIS intelligence and then signed by Citizenship and Immigration Minister Denis Coderre and Solicitor General Wayne Easter if they feel the intelligence proves the subject is guilty of "being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in [terrorism]," as stated in the Immigration and Refugee Protection Act (italics added).
The certificate is deplored by lawyers and civil liberties organizations because it denies its subject, Harkat in this case, the right to see any of the evidence against him. All Harkat or his lawyers are aware of is a summary of the charges provided by the Federal Court, which conclude "Harkat is an Islamic extremist; a supporter of Afghani, Pakistani, and Chechen extremists; was and is a member of the Bin Laden Network; and, that Harkat's role in this terrorist network is exemplified by his actions and intentions." How the Service came to their conclusions is left out because, well, they're pretty sure Harkat knows what they're talking about.
Bruce Engel, Harkat's lawyer, is not impressed: "He's being threatened to be removed from the country unless he can prove that this certificate is unreasonable, and we're to do so without receiving all the information on which the certificate's based.
"It's an unfair procedure because they can technically, summarily remove someone from the country without presenting any information to them and we're left to have to trust the authorities," he said over the phone.
Harkat came to Canada in 1995 using a falsified Saudi passport and was granted refugee status in '97 because, he said, his life was in danger if he remained in Algeria. He told CSIS during one of several interrogations that he was once a member of the Groupe Islamique Armée before they became militant in 1992. He applied for permanent residency in March1997 but heard nothing about his application until his arrest.
Last month, the judge in Harkat's case ruled that releasing the evidence against him would hurt national security, so Engel's been left to scrape around for just about anything to protect his client. Firstly, Engel hopes to prove to the judge that CSIS has screwed up in the past on cases like Harkat's so its word should be treated with skepticism. He also has a hunch that he knows who has either wrongly fingered Harkat or lied to the authorities.
"Our theory is that there are some individuals that may have reported him and he will comment on that," said Engel.
Harkat's situation is almost identical to that of Mahmoud Jaballah, an Egyptian refugee claimant with alleged links to bin Laden. He was accused of "crimes against humanity," had a security certificate slapped on him 22 months ago, and has been in solitary confinement in Toronto ever since. Two weeks ago, the federal Immigration and Refugee Board denied Jaballah's refugee claim. But the federal judge, horrified by the harsh confinement, is mulling over a time limit on deportation.
"It's almost a circumstance that, in this great city of Toronto, we have the equivalent of Guantanamo Bay," said Judge W. Andrew MacKay.
Amnesty International's position on both the Jaballah and Harkat cases is that deporting the men to Egypt and Algeria, respectively, could mean torture. Until 2001, Canada had a policy of not allowing successful refugee claimants from Algeria to be sent back. But in April of that year Coderre said that country is now safe and about 1,000 Algerians living in Canada face deportation.
Prime Minister Jean Chrétien was in Algeria promoting Canadian exports around the same time the moratorium was lifted.
Alex Neve, secretary general of Amnesty Canada, said because of the hostile environment in Algeria, "the immigration route" of dealing with Harkat should be dropped. Instead, "If they do feel there is evidence to support the allegation that he has in some way, shape or form been involved in supporting terrorist activities, then legal proceedings should be launched in Canada."
If Harkat loses his federal case, Engel said he'll tell a deportation hearing about the consequences of being sent back to Algeria. Regardless of the outcome, Engel condemns the entire security certificate process.
"I certainly appreciate the need to protect the citizens of our country, and nobody wants to be endangered by terrorism ... but we have rights and freedoms pursuant to our Charter. We're supposed to be living in a democratic society, and if you're accused of something, you ought to be given a full opportunity to properly respond."
Sophie Harkat is holding a vigil on Saturday, April 26 at 7:30 p.m. at the Human Rights Monument at the corner of Elgin and Lisgar streets in support of her husband.