- An earlier article explained. Like in America, Canada
is waging war on Islam, Mohamed Harkat one of many victims used for political
advantage to incite fear and mask Ottawa's support for US imperialism and
war on terror, a bogus one affecting innocent victims like Harkat.
- Based on spurious allegations of ties to Al Qaeda and
the Armed Sayyaf Group (GIA), he was arrested on December 10, 2002 and
imprisoned for the next four and a half years under Canada's Immigration
and Refugee Protection Act provision pertaining to the "security certificate"
- Until Canada's Supreme Court (in October 2007) ruled
it unconstitutional in Charkaoui v. Canada, it let authorities detain and/or
deport foreign nationals and other non-citizens suspected of human rights
violations, alleged threats to national security, or claimed affiliation
with organized crime, using secret evidence (like in America) withheld
- The same month, however, Canada's House of Commons passed
Bill C-3 (a so-called anti-terror measure), amending the Immigration and
Refugee Protection Act by introducing a special advocate into the certificate
process on the pretext of protecting subjects during secret proceedings.
- This and other policies are troubling, including indefinite
detentions, whether or not charged, draconian house arrest, and deportations
to despotic states, ensuring torture, imprisonment or death, the reason
people flee to Canada, believing they'll be safe.
- The special advocate provision, is fact, is reprehensible,
providing legal cover for an unjust process designed to stigmatize, vilify,
convict or deport targets to oblivion - on the pretext of protecting national
- False! The provision mocks the rule of law, dispensing
police state justice against human, civil rights, and anti-war advocates
as well as Muslims like Harkat. It denies the presumption of innocence
unless proved guilty beyond a shadow of doubt in fair, open hearings with
full disclosure of evidence, nothing kept secret for any reason. Claiming
national security is bogus. In real democracies, doing so is unconstitutional.
- Mohamed Harkat - Targeted for His Faith and Ethnicity
- He's one of Canada's Secret Trial Five - five Muslim
men, bogusly arrested and persecuted. He wasn't charged, but was imprisoned
on secret evidence, denied bail, held mostly in solitary confinement, prevented
from contacting family or friends, and under Canadian law can't appeal
a judge's ruling by order of the Canadian Security Intelligence Service
(CSIS). Yet he never before was accused, convicted, or even suspected of
a crime. He's an innocent man now. Authorities know it, but persecute him
- On May 23, 2006, he was granted bail, transferred to
house arrest under electronic monitoring and round-the-clock supervision,
but faces deportation he's struggling to prevent.
- Last April 1, the Ottawa Citizen's Mohammed Adam headlined,
"Harkat terror case takes a serious hit," saying:
- "US report says his reputed al-Qaeda associate (Abu
Zubaydah) actually had no ties to the terrorist group." One of Harkat's
lawyers, Norm Boxall, called the new information significant, saying it
destroyed a key part of the government's case. Nonetheless, his struggle
for justice continued, the latest news announced December 10 by CTV Ottawa
headlining, "Mohamed Harket badly shaken after judge's ruling,"
- Federal Court Justice Simon Noel upheld Harkat's security
certificate under the new law, "declar(ing) him a security threat
to Canada, a ruling his lawyers" vow to appeal.
- "I can't sleep. I'm not thinking straight. I have
pain in my stomach," Harkat told a news conference.
- Since his 2002 arrest, he consistently denied any connection
to Al Qaeda or other terrorist groups, saying he's been unfairly scapegoated
by government security officials. "Somebody has to pay the price.
I pay the price" unfairly.
- Noel said Harkat's testimony wasn't credible or honest,
just a carefully memorized story. "He has surrounded himself in layers
of clouds in which he does not let any light come through. At times, his
testimony was simply incoherent, implausible if not contradictory."
- He lied, knows Harkat is innocent, yet ruled against
him anyway because no evidence whatever proves otherwise. If any existed,
he'd have been charged, tried, convicted, imprisoned, or deported.
- His wife Sophie called the ruling "a punch in the
guts" to Mohamed, herself, their family and friends, knowing he's
innocent and has been unjustly treated for eight years. "Never in
a million years did we ever expect a judgment like this," she said.
"This document in my opinion is a load of bull....We will never, ever
accept this judgment. We asked for the truth and this is not" it.
- It's a judicial lynching, Noel disgracing himself and
the federal bench by so ruling.
- Matt Webber, one of Harkat's lawyers, said it was based
almost entirely on bogus evidence heard in secret, adding that he was never
allowed to respond to the accusations.
- "Numerous findings of fact were made against my
client based on evidence I didn't know about. It's frustrating to say the
least and we have every intention of appealing."
- It may include a constitutional challenge of the security
certificate under which Harkat was arrested and held. Despite Canada's
Supreme Court striking down its original version, Harkat was lawlessly
arrested, then released on bail under draconian house arrest conditions.
- Webber added:
- "We've still come through this case not knowing
what many of the allegations are based on. How can we possibly respond.
You need to be able to answer your accusers. You need to be able to defend
yourself and at the end of the day it's unfair....because we" cannot.
- In a separate ruling, Noel upheld the constitutionality
of the national security certificate system, no matter its illegitimacy,
because the government wants it used to deport targets like Harkat.
- Noel did let his lawyers submit questions that might
be the basis of a Federal Court of Appeals challenge. Harkat maintains
his innocence, insists he was bogusly charged, and explained if he's extradited
to Algeria he faces torture. "I'm really devastated," he said.
So are truth and justice supporters, appalled by a rogue judge's ruling,
targeting Muslims for their faith and ethnicity, not alleged crimes.
- Like America, Canada dispenses police state justice,
meaning none at all to targets the state wants convicted, imprisoned or
- Support from Canada's National Union of Public and General
- On December 10, James Clancy, NUPGE President wrote Mohamed
and his wife Sophie, saying:
- "I am writing this to you on International Human
Rights Day....It deeply saddens me that we (again observe it) with Canada's
justice system still conducting secret trials."
- "It also saddens me that Mohamed must continue to
fight for a fair and open hearing in a Canadian court....I want to assure
you that despite the (court ruling, NUPGE) remains in opposition to secret
trials in Canada."
- "The inability of an accused to challenge and question
the evidence held against them is an affront to the fundamental principles
of justice that my union holds dear....As in the past, (NUPGE) remains
committed to seeing justice done for Mohamed Harkat.
- In solidarity,
- James Clancy
- National President
- Stephen Lendman lives in Chicago and can be reached at
firstname.lastname@example.org. Also visit his blog site at sjlendman.blogspot.com
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