Mohamed Harkat facing deportation to Algeria

[Sweet_Pea]

Ottawa man a terrorist, judge rules

Harkat is a member of al-Qaeda, poses security risk, judge says; he now faces deportation to Algeria

Andrew Duffy
The Ottawa Citizen


Wednesday, March 23, 2005



Ottawa resident Mohamed Harkat faces deportation to his native Algeria after a Federal Court judge yesterday endorsed the government's opinion that he's a terrorist who poses a threat to national security.

Judge Eleanor Dawson ruled that two federal cabinet ministers made a reasonable decision in December 2002 when they concluded that Mr. Harkat was a member of al-Qaeda, the world's foremost terrorist organization.

And she flatly dismissed Mr. Harkat's sworn testimony, during which he denied any connection to terrorism or the al-Qaeda network, as the work of a liar.

There is credible, reliable information from a number of independent sources, including the Canadian Security Intelligence Service (CSIS), that contradicts Mr. Harkat's evidence, the judge said.

"On the basis of the confidential information," she said, "it is clear and beyond doubt that Mr. Harkat lied under oath to the court in several important respects."

Based on evidence heard in-camera, the judge concluded that Mr. Harkat lied when he denied assisting Islamic extremists abroad and in Canada; when he denied any association with al-Qaeda lieutenant Abu Zubayda; and when he denied travelling to Afghanistan or living in Peshawar, Pakistan.

The ruling means that Mr. Harkat, 36, who has resided in Ottawa since September 1995, is under an automatic deportation order to his native Algeria.

A federal immigration officer must now assess whether Mr. Harkat faces a significant risk of torture if returned to Algeria, a country from which he fled in 1990 as a political dissident.

In an interview with the Citizen in December, Mr. Harkat said he would be tortured or killed if returned to his homeland and would sooner stay in jail for the rest of his life than return to Algeria.

Mr. Harkat's lawyer, Paul Copeland, said yesterday he was disappointed with the decision. "It's depressing," he said. "I had some fond hope that we might have been successful in establishing that the certificate wasn't reasonable.

"I still don't know anything about the case and I don't know what she (the judge) relied on to come to that conclusion."

The ruling relies heavily upon evidence heard in secret.

Judge Dawson concedes that her reasons, like others issued in security certificate cases, "cannot fully justify and explain a result publicly when the evidence the court relies upon cannot be disclosed." But the judge defends the use of that secretive process to protect national security, and insists that all of the evidence was assessed to determine if it can be relied upon and can be corroborated by independent sources.

What's more, the judge said, she did not rely on the evidence of Mr. Zubayda, who was thought by Mr. Harkat's defence team to be a linchpin in the government's case.

Mr. Zubayda was captured in March 2002 in Pakistan and was later handed over to U.S. officials, who reportedly tortured him to gain his co-operation.

According to CSIS, Mr. Zubayda identified Mr. Harkat "by description and activity" as operating a guest house in Peshawar for jihadis travelling to Chechnya.

Judge Dawson said she could not rely upon Mr. Zubayda's evidence because she was not told exactly what he said or the circumstances under which he identified Mr. Harkat.

Mr. Zubayda had been the only informant identified by the court as giving credible evidence against Mr. Harkat.

As a result, the defence team spent considerable time trying to establish that Mr. Zubayda had been tortured into giving that evidence.

Mr. Copeland said the experience highlights the "impossibility" of defending someone against a security certificate: "In these cases, you have no idea of the case you have to meet, and you have no idea of how to meet it.

"It is a process that is unfair and violates fundamental justice. But the courts don't seem to agree with me on that issue."

Indeed, Judge Dawson defended the process in her decision, arguing that it is constitutionally sound and offers fundamental justice to foreign citizens accused of terrorism.

The judge concluded there were reasonable grounds to find Mr. Harkat is a member of al-Qaeda who has repeatedly lied to Canadian officials about his terrorist links.

Mr. Harkat came to Canada in 1995 after five years in Pakistan, during which time he said he worked as a warehouse manager for the Muslim World League.

But Judge Dawson said there's reasonable grounds to believe Mr. Harkat travelled to Afghanistan during the early 1990s and developed an association with Mr. Zubayda, who ran two al-Qaeda training camps.

The judge found that Mr. Harkat was also unbelievable when he described his relationship with Ahmed Said Khadr, a known associate of Osama bin Laden's who was once the ranking al-Qaeda member in Canada. (Mr. Khadr was killed in the fall of 2003 during a gun battle with Pakistani forces after fleeing Afghanistan.)

Mr. Harkat admitted on the witness stand that he met Mr. Khadr in Ottawa and travelled with him to Toronto by car. Mr. Harkat claims he met Mr. Khadr through his roommate, Mohamed El Barseigy, and that he did not converse at length with him during a five-hour ride to Toronto.

Judge Dawson concluded that testimony was "inherently implausible and incredible."

Mr. Harkat worked in Ottawa as a pizza delivery man and gas station attendant, and married an Ottawa woman, Sophie Lamarche, on Jan. 2, 2001. He trained to drive trucks, but couldn't find work, and was in the process of obtaining his taxi licence when he was arrested.

Sophie Harkat, who went to visit her husband yesterday afternoon at the Ottawa-Carleton Detention Centre, was unavailable for comment yesterday.

But a spokesman for the Justice for Mohamed Harkat committee denounced the judgment. "It's a sad day for human rights in Canada," said Kevin Skerrett.

In her ruling, Judge Dawson noted that the federal government produced 10 legal volumes of evidence in support of its case against Mr. Harkat, while a CSIS agent answered hundreds of questions about the material.

Although not revealing the precise manner in which she cross-examined the CSIS agent, Judge Dawson suggests that she vigorously assessed the quality of the spy agency's information.

Judge Dawson's decision on the reasonableness of the security certificate cannot be appealed to a higher court.

No Bail: Government Opposes Release of Bin Laden Ally, page A11

[wisdom_seeker]

Do you think he would be tortured if he returned back to Algeria?

[Al-khiyal]

OTTAWA — After 41 months behind bars, Mohamed Harkat is about to get a taste of freedom.

Harkat, an Ottawa man accused of terrorist ties, was granted bail Tuesday — albeit with a raft of conditions — by the Federal Court of Canada.

He is one of five Muslim men facing deportation on national security certificates — controversial anti-terrorism tools issued under federal immigration law.

Harkat, a refugee who wants to stay in Canada, must wear an electronic monitoring bracelet as part of the strict bail terms set out by the court.

In her ruling, Federal Court Justice Eleanor Dawson said that during court testimony Harkat "has been untruthful on a number of significant points.

"Thus, any terms and conditions for release must be based upon something other than Mr. Harkat's assumed good faith or trustworthiness."

However, Dawson added a series of conditions can be imposed that will "contain any threat or danger posed by Mr. Harkat's release."

Harkat, 37, will be permitted to live in the Ottawa home shared by his wife, Sophie, and her mother.

Under terms of the arrangement, $35,000 in bail money must be deposited with the court and another $82,500 in promised funds must be committed by Harkat's family and associates.

Harkat will be allowed to leave the premises up to three times a week for four hours on each occasion. But he must have approval from federal authorities, wear his electronic bracelet and be accompanied by either his wife or mother-in-law.

Harkat must also surrender his travel documents, refrain from using the Internet and agree that his telephone conversations will be monitored.

Sophie Harkat said Tuesday she was ecstatic at the prospect of having her husband home, but somewhat disappointed at the severity of the release terms.

"They're very, very intense conditions."

The Canadian Security Intelligence Service contends Harkat is an Islamic extremist and collaborator with Osama bin Laden's terrorist network.

The spy service, which watched Harkat for five years prior to his December 2002 arrest, also argues he supports Afghan, Pakistani and Chechen extremists.

Harkat denies any involvement with terrorism.

Sophie Harkat has consistently defended her husband, working to help secure his release.

Adil Charkaoui of Montreal, another of the men held on security certificates, has also been freed on bail.

In March 2005, a judge upheld the certificate issued against Harkat, clearing the way for his deportation.

However, his lawyers have asked the Supreme Court of Canada to review the constitutionality of the certificate scheme.

In addition, Harkat argues he will be tortured if sent back to Algeria.

In her ruling, Dawson concluded there had been "an unexplained delay" in the process to determine whether Harkat could be removed from Canada.

Harkat won refugee status in February 1997 and applied for permanent residence in Canada the next month.

Settling in Ottawa, he married and worked long hours as a pizza delivery man and gas-station attendant to support his family.

Harkat has spent much of his incarceration in Ottawa, but was recently transferred to a federal facility in Kingston, Ont.

Sophie Harkat said the transfer made it much more difficult to visit her spouse.

>>>Source<<<

[Al-khiyal]

The watchdog over CSIS has been asked to probe the prickly question of whether the spy agency relies on information extracted through torture.

Lawyer Paul Copeland, counsel for Mohamed Harkat, an Ottawa man facing deportation over alleged terrorist ties, has lodged a formal protest about agency practices with the Security Intelligence Review Committee.

Copeland alleges the Canadian Security Intelligence Service has shown a "total lack of concern" about evidence possibly gathered through coercive means.

"From what I've seen, they're making no attempt to ensure that the stuff isn't obtained from torture," Copeland said in an interview.

The process could shine a light on how CSIS handles and uses information gleaned from allied services, including the CIA, in the fight against terrorism.

CSIS director Jim Judd is slated to answer questions about the spy service's role in anti-terrorism efforts during an appearance today before the Senate defence and security committee.

Copeland's objections stem from evidence CSIS entered in the case of Harkat, who could be deported to Algeria under a national security certificate. Harkat, 37, has been in jail since his December 2002 arrest. He is soon to be released on bail from the Kingston Immigration Holding Centre.

CSIS contends Harkat is an Islamic extremist and collaborator with Osama bin Laden's terrorist network, which carried out the Sept. 11, 2001 attacks on the U.S.

The spy service also argues he supports Afghan, Pakistani and Chechen extremists. Harkat has denied ever aiding Islamic radicals.

CSIS said Abu Zubaydah, one of bin Laden's chief lieutenants, had identified Harkat as the operator of a guest home in Pakistan for extremists travelling to Chechnya.

According to federal lawyer James Mathieson, CSIS was advised in March 2003 that Zubaydah was able to identify Harkat by his appearance and his activities.

Since U.S. authorities captured Zubaydah in Pakistan in 2002, there have been rumours he was tortured into giving information.

Copeland has pressed Canadian officials to reveal whether Zubaydah's statements about Harkat were elicited through torture, arguing that would render them unreliable.

>>>Source<<<

[Al-khiyal]

The wife of an accused terrorist is “disgusted” that the federal government is appealing a bail release approved last week by a Federal Court judge.

“It’s absolutely ridiculous,” an upset Sophie Harkat said tonight after she returned from visiting her husband, Mohamed Harkat, in the Kingston prison where he’s currently detained.

It was just May 23 that Mohamed Harkat, who’s alleged to have ties with the al-Qaida terrorist network, got permission from a Federal Court judge to be released from the new Kingston jail dubbed “Guantanamo North.”

It was the second time the Algerian native, who lived in Ottawa before being detained, applied for bail. He was originally detained in December 2002 on a security certificate.

Harkat, who faces the threat of being deported, hasn’t been charged with an offence.

The feds filed the notice of appeal this week and are asking the Federal Court of Appeal to consider a special hearing as soon as possible.

Federal government challenges Harkat's bail victory

[Al-khiyal]

Top court set to review security certificate law

[Al-khiyal]

OTTAWA (Reuters) - A Canadian court denied a request on Friday to delay the release on bail of an Algerian man found to have engaged in terrorist activities and to have lied about links to Osama bin Laden's al Qaeda network.

Federal Court of Appeals Justice Robert Decary ruled that the federal government had failed to show that the suspect, Mohamed Harkat, would be able to inflict irreparable harm given the tight bail conditions......

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