Letters

                             

                           

Statement from Amnesty International

Letter to Minister Coderre

Fundraising and how you can help

RE: Mohamed Harkat and his jailing without charges

Letter writer for justice

Open Letter to the Employees of CSIS

                 

                           

 

 

 

 

Dear Ministers,

 
 
I am writing to urge that the government of Canada adopt a different approach in dealing with the case of Mohamed Harkat; an approach that safeguards his fundamental rights while still ensuring that any security or criminality concerns are adequately addressed.
 
Amnesty International has followed Mr. Harkat's case with concern, since his arrest in mid- December, 2002. We understand that he is being held under a security certificate, issued pursuant to section 40.1 of the Immigration and Refugee Protection Act; and that it is the government's intention to deport him to his native Algeria.
 

We note that the Canadian Security Intelligence Service has alleged that Mr. Harkat is an Islamic extremist; a supporter of Afghani, Pakistani, and Chechen extremists; and was and is a member for the bin Laden network.

Mr. Harkat has denied the allegations.
 

Amnesty International is of the view that in Algeria Mr. Harkat faces the risk of serious human rights abuses, including torture, because of the allegations that he has been involved with or supported armed Islamic groups. This is based on our ongoing monitoring of the human rights situation in the country. Members or sympathizers of groups such as the Groupe islamique arm J (GIA) and the Front islamique de salut (FIS)continue to experience torture at the hands of the security forces,including after their return to Algeria from abroad. Amnesty International therefore opposes any action taken to deport Mr. Harkat to Algeria at this time.

Amnesty International has previously expressed concern as well that the security certificate process being used in this case does not meet international human rights standards. Under this in camera process the Federal Court considers only the  reasonableness  of the decision to issue a certificate and does not substantively review it. Furthermore, evidence may be presented to the Court in the absence of the detainee or his or her counsel, and the detainee is only given a summary of the evidence. We have stated that the process is heavily weighted in favour of the detaining authorities, does not substantively examine the lawfulness of the detention, and does not afford the detainee an effective opportunity to challenge the lawfulness of his or her detention.

 

Given the flaws in the security certificate process, and the risk of torture that Mr. Harkat faces in Algeria, Amnesty International urges the government to refrain from any further action under the Immigration and Refugee Protection Act. Instead, if the government considers that there is evidence that Mr. Harkat may have been involved in activities that provide support to armed groups such as al-Qaeda, we would urge that criminal proceedings be launched in Canada, pursuant to the Anti-terrorism Act or other applicable legislation.

 
Sincerely,

[email protected]                                              


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The Honourable Minister Coderre

Citizenship and Immigration Canada

Ottawa, ON K1A 1L1

February 25, 2003

 

Minister Coderre,

 

My name is Sophie Harkat and I am writing to you today to ask you to stop the insanity. I am very much aware of the current situation of Non-Status Algerians facing deportation because of the new government policy enforced by your department. Have you ever thought of the impact of your decision on all these lives, including their families, children, friends, co-workers and so many other people? Many of these residents have lived in Canada for several years, living honest lives. These people have dreamed of a country of freedom and democracy, little did they know it was so untrue. Now because of your department, these people fear for their lives. For all of my life in Canada, I was proud to say that we lived in an honest and fair country, but recently realized that it is not the case. This is a matter of life or death. Your policies have got to change. We are supposed to be a land of freedom, but your decisions have certainly proven otherwise. I no longer have any trust in my government, and I am simply ashamed to be a Canadian. Our government clearly contradicts itself. It would be considered safe for our government to return all these harmless Algerians into their country, but have advised our fellow Canadians that it is unsafe to travel there. There seems to be a problem? Don't you know that these people could get killed if they are returned to Algeria. Have this ever crossed your mind or are you completely impartial to that. Do you people in government have any heart at all? How can you sleep at night, when you well know that 150, 000 lives have been taken and other cases resulted in thousands of disappearances? Does that sound normal to you?

 

There is also another reason for this letter. I am Sophie Harkat, wife of Mohamed Harkat who was arrested on December 10, 2002 after you signed the certificate indicating that my husband was a threat to this country. Now you must understand where all these frustrations are coming from. How big of a threat is he really after living in this country for so many years. You tell me? How safe is our country if you wait that long to arrest people. Sounds kind of silly. Sounds like some people are not doing their jobs right.....I don't know, CSIS, our government, YOU? You have taken my dear husband away from my family and I for no good reason. Mohamed was arrested over one month ago and has been in jail since then with NO CHARGES. My husband, my family, friends and I have been living a total nightmare since then. The conditions he is living in are horrible and unfair. Who would think that things like that are happening in Canada? Home of the free......not anymore. Animals get better treatment. My husband is sitting in jail under allegations of terrorist links. Do you have any proof to back this up? You are just enforcing the fact that our legal system keeps losing credibility. Don't you know that CSIS has made many mistakes in the past and are known to lie, cheat and participate in illegal acts themselves. Have they ever been put under investigation? I am sure that they would not past the test. Canadians are supposed to feel safe knowing CSIS is there to protect them against harm, but they should really live in fear.....because you never know one day....you might get arrested while taking out your garbage! ...2

 

I also want to raise the fact that this arrest and trial is unfair, and goes against all human rights. Do you have any idea what that means? Do we Canadians really have rights, or it is just a scam? Do you know that the consequences of this trial could be fatal for my husband if he is deported to his homeland of Algeria? He has NO chance to make it alive. Could you look at me straight in the eyes and tell me you do not care about this at all? How and why would you even consider doing this to a fellow Canadian? If you did, why could you not do it the right way by admitting the fact that this government has made many bad mistakes in the past? How come the biggest criminals in Canada have the right to defend themselves properly, but why is it different for my husband? Do you consider that fair? Do you think the way my husband was arrested necessary? How many taxpayers' dollars are you going to spend on this circus? Is it all a show for the Americans? Who are you trying to fool really by making decisions like this one or by deporting innocent people? What has my husband done that is so bad, so so bad, you cannot tell anyone ? Is it possible you have nothing to say at all? When will you stop pointing the fingers at all these innocent people and start finding the real criminals? Doesn't your government have anything else to do? Don't you have important issues, like poverty, health, education and peace to deal with? I have spent numerous hours working as a volunteer at the last Federal elections. I really believed in this country and especially in the Liberals, but let me tell you, you will never get any more support from me and certainly not my next vote if things do not change.

 

Believe me when I say, I have just gotten started. I have many supporters, associations and organizations including Amnesty International following your decisions and actions. We are all following closely your department and it's impact on so many lives. Word is getting out that things have to change. We have people to help and lives to save. You will be hearing more from us in the next couple of weeks. We have no choice but to get involved. Your unfair actions have angered many Canadians. We have to speak out the truth and from our hearts. If one good thing has come out of all this, I have become a true believer. I remain positive and strong. I am hopeful that things can change for the best and that you can finally help that happen. Please help me bring my husband back home where he belongs. I have plans and I have dreams. In my husband's eyes, I can read innocence, and I can still believe that one day our family will reunite. Can you help me realize that or any of my dreams? Help me believe again in the fairness of this country and do the right thing by re-evaluating the situation.

 

I wish you peace with your decisions.

 

Help me save my husband.

Help us save lives.

Help us by stopping this inhumanity.

 

 

Sophie Harkat

1023 Teena Colleen Private

Greely, ON K4P 1C7

Tel.: (613) 822-4445

 

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Ms. Sophie L. Harkat

1023 Teena Colleen Private

Greely ON K4P 1C7

Tel.: (613) 822-4445

Email: [email protected]

 

Dear Friend,

My name is Sophie Harkat, wife of Mohamed Harkat (arrested on December 10, 2002) under allegations of terrorist links. I am writing to you today because I am in great need of your help. My husband was arrested almost four month ago and has been in jail since then with no charges. Born in Algeria (and of Islamic faith), my husband has been in Canada since October of 1995 working three jobs, trying to make a new life for himself. My husband and I have been together for almost 3 years and married for 2 years this January 2, 2003. I spent my anniversary alone this year thinking about my husband in jail. My husband, my family and I have been living a total nightmare since then. It is very difficult to visit my husband in jail (twice a week for only 20 minutes) separated by thick glass and bars. The conditions he is living in are horrible and unfair. Who would think that things like that are happening in Canada. Home of the free......not anymore!

 

The reason for my letter is to ask for your help and support. My husband was arrested under the new law that allows the government to sign this so called Aspecial certificate@ that allows them to arrest anyone who THEY THINK might, or has been or will be involved in acts of terrorism. My team of lawyers has no access to this information, so it makes it impossible to defend my husband properly with a fair trial. So far, no one has seen this information gathered by CSIS. Amnesty International is fighting this battle with us trying to force the federal government to abolish this Aspecial certificate@ and raise the fact that this arrest and trial is unfair, and goes against all human rights. The consequences of this trial could be fatal for my husband if he is deported to his homeland of Algeria. He has NO chance to make it alive. This is a matter of life or death. This new certificate could be the beginning of a series of arrests amongst people of Arabic decent and Islamic faith. This could happen to anyone. You are no longer safe, especially now in Canada. It has been proven that CSIS and the government have made mistakes in the past and will continue to do so. We can no longer let this happen. The defense for my husband is crucial. We have to prove that once again, they are making a huge mistake.

 

I have a team of three lawyers working on this case full time at a reduced rate. Unfortunately, the costs of this trial exceed my salary by far. I have been asked to move out of my apartment building, and at the age of 28 am now living once again with my mother so as to afford my legal team. I am very fortunate to have this team who is working beyond their means to win this case. I have a great deal of faith in them, and they are working closely with my family and I in order to accommodate us and help us go through this by making it easier on all of us. Like many other Canadians, I am left with debts and school loans still to pay. It is very difficult financially and that is where you can help out. My lawyer has confirmed with me this week that we were able to get an expert from Toronto who agreed to speak at the trial exposing the incompetence of CSIS in the past, and to prove that they have made many mistakes since then, arresting innocent people like my husband for no justifiable reasons. This expert has also agreed to work with us at a reduced rate, but will still cost a few thousand dollars. He is crucial to this case, and can help us win this battle. I would also like to have extra dollars to help pay for my legal team and to save in case of emergency if my husband has to leave the country. I have made the decision that if ever things turn out for the worst, I will follow my husband where ever they send him. I will be putting my own life in danger, but that is the promise I made him when we married. For better or for worse.

 

During this difficult period in our lives, my husband has become, my best friend, lover and HERO. He is my biggest source of inspiration and strength. I love him more everyday. We strongly believe that God will know the truth and help us through this ordeal, but faith is not enough at this time to save my husband. This is a plea from the heart to help us with our cause. Please help us by giving a few dollars in order to help out with our defense team. This case will become an example for the future. This unfair treatment will certainly not be the last. I want to make sure this never happens to any other wife, mother, child or member of your community. I do not wish this traumatic experience on anybody. NO one deserves to go through this at any time in their lives.

 

If you have questions, please do not hesitate to contact my main lawyer, Mr. Bruce Engel in Ottawa at (613) 235-6324 at any time. He can answer all your questions. Things are progressing fast, so we would appreciate a donation as soon as possible if you can. I have inserted a return envelope with a pledge form. I put my trust in your hands hoping you can help. Please give generously from the bottom of your heart. I would forever be grateful to you and your community. If your community can help me in any other way, please let me know.

Help me save my husband and best friend. Help me save a life!

I am counting on your support.

Peace be upon you.

 

 

Sophie L. Harkat

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Denis Coderre

 

Minister, Citizenship and Immigration Canada

House of Commons

Ottawa, Ontario

K1A 0A6

Wayne Easter

Solicitor General

House of Commons

318 Justice Building

Ottawa, Ontario

K1A 0A6

 

RE: Mohamed Harkat and his jailing without charges

After having been informed about Mohamed Harkat's arrest, I am completely outraged that the law has failed him. In fact, I question the justice of your knowledge and actions to disallow a full, open public hearing of all the facts, which are also withheld from Mr. Harkat and his lawyer.

How can you maintain his detainment in jail on allegations? You are holding Mr. Harkat, other refugees, and other non-status Algerians without due process. Is your justice about a Security Certificate that also is a removal order that cannot be appealed while disallowing non-status Algerian immigrants and refugees to defend themselves in court and otherwise? You are presenting threats to national security in the way of detainment and expedient removal. Shame on you! Part of my definition of true safety and security are providing everyone with clean water, a stable food source, housing, and the right to cross borders. Your definition of safety and security have proven to be racist and a violation of human rights.

I can also compare this unjust treatment to the evacuation of my family and community. It is well known that Canada stripped individuals of my community of their Canadian citizenship. The racial profiling that was carried out then is undeniably the same.

I demand that Mohamed Harkat be released immediately, not deported, and allowed due process. Also, the Security Certificate that is secretive and violates human rights must be abolished immediately. Furthermore, all deportations to Algeria and a return to the moratorium on removals to Algeria must end immediately.

Sincerely,

Emi Koyanagi

 

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Wayne Easter, Solicitor General, Canada

Denis Coderre, Minister, Citizenship and Immigration Canada

 

March 31, 2003

 

letter writer for justice

Ottawa, On

 

Mister Coderre and Solicitor General Easter,

I am writing with regard to the case of Mohamed Harkat, refugee and detainee under the Security Certificate.

Arrests under the Security Certificate are unjust and should be abolished. Arrests under the Security Certificate deny the rights of non-citizens in Canada, creating a second tier legal system for Canada’s newest migrants. Trial without due process is unacceptable in Canada. The case against Mohamed Harkat must permit evidence against him to be presented to his lawyer. And the right to appeal must be reinstituted.

Finally, I urge you to reconsider the reestablishment of a moratorium on deportations to Algeria. The state murder of political dissidents in Algeria is well known in Citizenship and Immigration Canada. Indeed, Mohamed Harkat was granted refugee status because of his political afflictions in Algeria. To deport him to Algeria is to be complicit in his possible persecution.

Solicitor General Easter and Minister Coderre, please abolish the Security Certificate, end deportations to Algeria, and release Mohamed Harkat from arrest.

Sincerely,

letter writer for justice

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Campaign to Stop Secret Trials in Canada

c/o PO Box 73620, 509 St. Clair Ave. West

Toronto, ON M6C 1C0

(416) 651-5800

(with chapters in Montreal, Ottawa, Windsor, Guelph, Kitchener-Waterloo, Hamilton. St. Catharines)

September 25, 2003

(faxed Sept. 25, sent by registered mail Sept. 25)

 

Open letter to the Employees of the Canadian Security Intelligence Service:

Some important questions AND Notice of Our Nonviolent Halloween Visit

on Friday, October 31

Dear Friends,

We are writing with two purposes: to ask you some important questions, and to inform you that many of us will be coming to your big house in Ottawa on Halloween for some trick-or-treating.

First, a question:

How would you feel if you were a Jew in the USSR, circa 1975, and the Russian secret police, the KGB, came to your door late at night, demanding that you spy on certain members of the Jewish community?

What if they threatened you if you failed to work with them, and you still refused?

How would you then feel if the KGB, angered at your failure to "cooperate," had you arrested on a special certificate that declared you a threat to national security, and had you thrown behind bars without charge or bail?

And what if during the sham of a hearing that you were "entitled" to, you were not allowed to see the "evidence" against you, "evidence" which could have you sent to a concentration camp in Siberia, where torture and execution were your likely fate?

And what if the judge hearing your "case" did not have to make a finding of fact, but only a finding of "reasonable grounds to believe certain facts exist?"

And what if, after the "public" portion of your "hearing," the judge went behind closed doors, without you or your lawyer present, and listened to the KGB tell the judge whatever it pleased about you to convince that judge that you posed a threat to national security?

And what if there were no appeal process following the judge’s ruling against you?

One would hope that you would be horrified at such a process that recalls the worst nightmares of Orwell, Kafka or Solzhenitsyn. At the time, such practices were rightly condemned by the international community.

But for a growing number in Canada, these are not bad dreams out of the past. They exist today, and if you replace the KGB in this equation with CSIS, and Jews with Muslims, you have the same situation under the CSIS secret trial "security certificate."

Such a situation is intolerable, and it violates the Universal Declaration of Human Rights and the Charter of Rights and Freedoms, among other important commitments Canada has made to uphold human rights..

That is why on Friday, October 31, Halloween, during the morning rush hour, we will be gathering at both entrances to your workplace for a massive trick-or-treat for the secret "evidence" which has held 5 Muslim men behind Canadian prison walls a collective 104 months (as of October, 2003). Neither these men nor their lawyers are allowed to see this "evidence," and so they sit, uncharged, with no bail, separated from loving wives, 11 children, and many friends in the community, under the CSIS secret trial "security certificate".

Their names are Mohammad Mahjoub, held since June, 2000; Mahmoud Jaballah, held since August 2001 (after having a first certificate thrown out by a Federal Court, he was re-arrested on a second certificate, even though CSIS admitted it had no new "evidence," only a "new interpretation" of the old evidence which had already been dismissed as not credible); Hassan Almrei, held in solitary confinement since October, 2001; Mohamed Harkat, held in solitary confinement since December, 2002; and Adil Charkaoui, held since May, 2003.

Add to these names the almost two dozen Pakistani students who are held in preventive detention, even after the RCMP concluded they posed no threat to Canada, and we see that the use of such repressive, undemocratic measures continues to grow.

Unfortunately, these are only the latest in a long line of internments and mass detentions in Canadian history. It is a shameful history we have repeated since the first mass internment of First Nations peoples on "reservations," and whose history continued with the internment of Ukrainian-Canadians, German-Canadians, Italo-Canadians, and Japanese-Canadians, among others.

Those who speak up on their behalf, as well as those who exercise their right to protest, are unjustifiably tarred with the terrorist brush in the latest CSIS annual Report to Parliament. By defining as "terrorist" "certain elements of the anti-globalization movement" without naming them, everyone from the Raging Grannies and the United Church to school children protesting educaton cuts is thereby guilty by association in the eyes of CSIS.

As we hope you will agree, the practice of secret trials is not compatible with a democracy, and we need to throw open wide the doors of CSIS to concepts which are central to the core of democratic principles: openness, honesty, transparency, and accountability.

We are writing to let you know far in advance that the presence of individuals, some in costume, will not be pose a physical threat to you on October 31. Committed to nonviolence, our goal is to seek a dialogue with you on the threats posed to democracy by those who work within your own place of employment.

Indeed, as study after study has shown -- both by the Security Intelligence Review Committee (SIRC) as well as independent sources -- the work of CSIS is far from perfect. As a result, when an organization like yours is asked to be trusted during a secret trial, where there is no chance for a lawyer to cross examine you, the danger that bias, dishonesty, and outright corruption will not be challenged is huge.

You may not have been informed by your employer that over the past 20 years, CSIS has been constantly criticized for a variety of abuses, including, but not at all limited to, such criticisms as:

* SIRC's 1999-2000 report raises questions "about some beliefs the Service has about the nature of the threat. We are of the opinion that these beliefs are sometimes overdrawn."

* The SIRC report points out one instance, likely illustrative of many more, in which a CSIS application for warrant powers contained "a number of overstatements."

* In another case, "information put forward was more than a decade old and the information adduced was derived from one source's 'feelings.'

* "One source's speculation was quoted. Some assertions that the target engaged in 'suspicious activities' appeared to us to be misleading or exaggerated."

* "For another person targeted, [CSIS] failed to include in the affidavit significant information of which it was aware which contradicts its own position on the person."

* In yet another case, CSIS treated as a threat activity that "seemed to be routine diplomatic behaviour," while in another case, "with little corroborating information, CSIS ascribed intelligence gathering motives to apparently normal consular contacts."

* SIRC concludes we need the best possible national security advice "unencumbered by unfounded speculation."

We recognize that, like much of Canadian society, CSIS is rooted with the same kind of institutional racism which is responsible for the legislation behind the security certificate. Hence, there will be couches placed at the entrances to CSIS where, for free, you will be able to sit (or lie down if you are more comfortable) and discuss what we believe is your irrational fear of Arabs and Muslims in Canada. As volunteers, we will not charge for this valuable psychological counselling. Perhaps as individuals who receive assistance, you can help change the institution where you work!

We will be offering workshops on how to write affidavits, and copies of statements by federal court judges critical of this process will be available as well.

Ultimately, we want to discuss with you how we can create a definition of national security which helps people, one which doesn’t throw them behind bars without telling them why.

Just think of it:

For the over 5 million Canadians who go to bed hungry each night, there is no national security.

For the estimated quarter million homeless people in this country, there is no national security.

Nor is there national security for the 5,000 people who die prematurely each year because of easily controlled smog emissions; the hundreds of women murdered and the thousands beaten by men because the spaces in women’s shelters have been lost in budget cuts; the First Nations still seeking justice after centuries of genocide, still facing the worst of the repression; the students who must assume $20,000 debts for an education; and so many others for whom the concept of "security" is a distant dream in a cruel economy.

In a country where some 3 million Canadians must visit food banks to try and deal with the devastating effects of hunger in one of the wealthiest countries in the world, it seems to us that Canada’s National Spy Agency could better serve Canadians as Canada’s National Pie Agency (one could even make pies with Northern Spy apples). Not only would this meet the pressing need of meeting the needs of the hungry, it would also take the CSIS eye off of organizations involved in protest across this country, organizations which you identified in your June report to Parliament as "terrorist."

To give you one example of where your talents would be far better used, we would ask that you investigate and take appropriate action with respect to a terrorist enterprise located at 3701 Carling Avenue, Nepean. Home to Defence Research Establishment Ottawa (DREO), the scientists within are hard at work at replicating the actions of the terrorists who hit New York and Washington on September 11, 2001. "Will technology allow us to fit 70 tons of lethality [killing power] into a 20 ton package?" they ask, eerily trying to answer the question of maximum killing power with minimal resources that the terrorists also pondered before committing their horrific acts. (See the website for Defence Research and Development Canada and, specifically, their annual reports, for further information).

Our presence at CSIS on October 31 is yet another in a long line of steps we have taken to try and seek justice on these issues. We have written to the ministers concerned, Wayne Easter and Denis Coderre; we have held vigils; we have organized long-distance walks to raise awareness of the issues; we have organized public events; we have taken the issue to the steps of the Prime Minister’s Office, where we presented petitions with the names of 8,000 people in this country demanding due process for the detainees.

And yet still these men remain behind bars.

As you can see, there is a lot of discussion that needs to take place. Hiding behind closed doors and rows of riot police will not solve this problem. So, please mark your calendars, get your treat bowls ready, and work with us on a scary day to rid this country of the fear that ruins lives and communities.

Looking forward to meeting all of you.

(names in alphabetical order, on behalf of the Campaign to Stop Secret Trials in Canada)

Corinne Allan, Ottawa

Tekle Araya - Mississauga

Matthew Behrens, Toronto

Gerald Berard - Kimberly, BC

Dave Bleakney, Ottawa

Pierrette Brunette, Greely

Rev. Brian Burch, Toronto

Virginia Cameron. Ottawa

David Condon - Medicine Hat, Ab

Sandra Elkin - Smithers, BC

Erika Fuchs, Vancouver, BC

Jan & Ria Heynen, Ottawa

Linda Homeward - Toronto

Pat Howard, Ottawa

Jamie Kneen, Ottawa

Randy Kay, Dundas

Marie-Josée Lamarche, Orleans

Sophie Lamarche, Ottawa

Allyson Mayo - Victoria

Scott Neigh, Hamilton

John Nolan - St John's, Nfld

Alma Norman, Ottawa

Ruth Otterman - Hamilton

Catherine Owen - Windsor, Ontario

Akwasi Owusu-Ansa - Toronto

Jennifer Ottaway, Montreal

Maggie Panter, Toronto

Diana Ralph, Toronto

Chris Shannon, Hamilton

Laura Shevchenko, Smiths Falls

Kevin Shimmin, Toronto

Catherine Thompson, Ottawa

Alois Weiderman, Nepean

Lisa Zeiglar - Regina , SK

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