Free the secret trial five

December 10 is the international day for human rights. It is also the third anniversary of the arbitrary detention of Mohamed Harkat, detained in an Ottawa jail without charge and without access to the evidence against him.

Mohamed Harkat’s wife, Sophie, has been working since his detention to have him either tried fairly or released and to have the Security Certificate abolished. Harkat is in danger of being deported to torture in Algeria.

The Security Certificate, along with other measures taken recently such as the outsourcing of torture in the case of Maher Arar and two other Arab and Muslim Canadians, constitute a gross abrogation of Canada’s international obligations to the UN Charter of Rights and Freedoms.

In November 2005, the UN Human Rights Committee asserted that “No person, without any exception... may be deported to a country where he/she runs the risk of being subjected to torture or cruel, inhuman or degrading treatment…” They said they were “concerned by the rules and practices governing the issuance of 'security certificates' ...” and that "some people have been detained for several years without criminal charges, without being adequately informed about the reasons for their detention, and with limited judicial review.”

There are four other men also detained under Security Certificates whose situation is equally abhorrent.

Mohammad Mahjoub has been in prison in Toronto for five years and five months. The government is holding him under threat of deportation to Egypt where, by Immigration Canada’s own assessment, he is at risk of torture.

Mahmoud Jaballah (see article this page) has been in prison in Toronto for four years and three months. He is now on his third security certificate. The first was thrown out by a judge; he was re-arrested, though CSIS admitted they had no new information. When the second was also overturned, a third certificate was issued. Last week the Minister of Immigration just confirmed that they would continue the deportation proceedings against him, despite a “substantial risk” that he will be tortured or killed if sent to Egypt.

Hassan Almrei has been in prison in Toronto for four years and one month. He is under threat of deportation to Syria, where Maher Arar was previously held and tortured.

Mohamed Harkat has been held for almost three years. Canada has cynically requested “diplomatic assurances” from Algeria that he will not be tortured or mistreated if sent there. Such “diplomatic assurances” have been discredited by both the UN and by Amnesty International. Harkat is married and has only seen his wife through glass since his detention began.

Adil Charkaoui was released on bail after almost two years in prison. His security certificate has still not even undergone a judicial review, and his case has been suspended since March. He was released on conditions that prevent him from leaving home without his mother or father, prevent him from leaving the island of Montreal, force him to wear a GPS tracking bracelet, prevent him from using any but his home phone, prevent him from using internet, require him to check in with authorities weekly, require him to allow police 24-hour access to his home, and impose a curfew.

All five men have not been charged, have not had access to the so-called evidence, and are under threat of deportation to torture.

They are all Muslim.

Their supporters are agreed that it is highly unlikely that any evidence actually exists that would hold up in a normal court; but CSIS can show the judge (approved by CSIS), behind closed doors and without cross-examination by defence lawyers, any “evidence” it wants; the Security Certificate regulation specifically states they can use anything, even evidence that would not be admissible in a regular court of law.

The election campaign is an opportunity to expose the Liberal and Conservative party weaknesses on the civil liberties of Arabs and Muslims in Canada. On December 10, a rally in Ottawa on parliament hill will continue to call for the Security Certificate process to be stopped. In your area, ask your candidates where they stand on the issue. If they don’t know, give them a flyer (download from www.zerra.net/freemohamed).

The timing of this election is particularly poignant for Sophie Harkat. She says, “It has been a long and painful three years without Moe ... especially when holidays are soon approaching and we all know he will miss another family gathering. I miss him terribly and wish he was here. I miss his laughter the most, and the spark in his big beautiful brown eyes. I continue to believe that we will be reunited one day... I just hope the bail decision will be a positive one so we can laugh together again soon and that sparks continue to fly!”