This is why you have to get involved, Coverage of a security certificate case by: Mohamed S. Kamel

This is why you have to get involved

Coverage of a security certificate case by: Mohamed S. Kamel

Jun 15, 2003

[Those new laws and unjust treatment we are speaking about are in Canada, and not in a third world country, this shameful laws coming into effect thanks the Canadian’s solicitor general, minister of immigration, the Canadian Intelligence Services CSIS, and the Media]

Do you know that under the security certificate, secret evidence could be used against you, which neither you nor your lawyer is allowed to know, and condemn you with no right to appeal?

CSIS seems to believe every Muslim or Arab is a sleeper and you just have to push a button and they become a terrorist, that is the same what is the Zionist movement are spreading as part of the Islamophobia and Anti-Arab propaganda, and that is what the main mission of people like Daniel Pipe, one of the main players of Bush administration and the God father of many of the right wing politician in Canada.

Some people did understand that from the experience of Adil Charkaoui and his family and started to work in a group to defend Adil rights for justice. As stated by “La Press” a French Newspaper from Montreal under the banner read “Justice for Adil Charkaoui” people met to hear the story of the Moroccan 30 years old Adil Charkaoui and his family who moved to Canada in 1995 dreaming of a good life in a nice country governed by justice and law.

Adil is married has an 18 month old daughter and his wife is 6 month pregnant. Educated in a variety of schools including a Jewish school, he is a French teacher doing his masters in University of Montreal. He was arrested in 21 May 2003 by the RCMP (Canadian Police) for no crime, but a Security Certificate issued in 16 May 2003 by the Solicitor General and the Minster of Immigration upon recommendation by the CSIS branded him a threat to national security. Notice this is the same CSIS who’s credibly has been questioned by allegations in the Air India Affair and others.

In an Information session hold May 31^st 2003 names of the people detained under this security certificate have been reminded by: Mohamed Mahgoub since 2000, Mohamed Harakat since Dec. 2002, Mahmoud Gab Allah since 1999 and now Adil Charkoui that was not the only threat to the Arab and Muslim, this came in addition to the daily discrimination, the daily media propaganda and the campaign of deportation of the Algerian and Palestinian refugees.

In this event that has been organized by the Justice Coalition For Adil Charkaoui, a coalition of many organizations and individuals, among them the Muslim Council of Montreal (MCM), Voice of Conscience, Home not Bomb from Toronto.

Abdel-Salam Elminyawy the president of the MCM said that how we can trust CSIS while one of their agents identified as David: dose not know the population of Egypt, dose not know what countries are located in North Africa and thinks that Iran is an Arabic Country, Mr. Elminyawi explained that his law is a real threat to Canadian Security because with injustice people will not help the security agents. He called upon the Media to be honest and not to expose the people personal life and their families. To stop the propaganda by accusing him of being an Al-Qaieda member because he is Muslim, visited Pakistan and he teaches self-defense to Muslims.

And from No one Illegal, Mr. Emanuel said that they are in solidarity with every Canadian facing discrimination, and he denounce the unjust arrest and the unfair trial, explaining how the USA and Canada stand by considering the Palestinian resistance terrorism while it is against the occupation and the state terrorism, this stand is ill moral and that the discrimination against Muslim and Arab mad theme a escape goat to keep the all the society afraid so that the security agents can increase their budget.

Mohamed Shaleby from Non Status Algerian explain how the Algerian case been partially solved for 80% if them by believe and hard work, and who Canada became a country that dose not support human rights it is only looking for business.

On CSIS’ way of handling security issue, Mr. RIAD SALOOJEE the executive director of the CAIR-CAN Council on American-Islamic Relations said in the Globe and Mail on his article “CSIS warrants contravene rule of law”:

“….it will be impossible to know whether Montreal resident Adil Charkaoui, who has been recently accused of being a member of an Al-Qa'ida sleeper cell, is innocent or guilty…”
“…All Canadians should be concerned about terrorists in our midst. There is, as well, another reason why Canadians ought to be concerned with the Charkaoui case and with many other similar cases before the courts: the rule of law.
Security-certificate cases are anything but transparent. Certificates are frequently issued by the immigration minister or the solicitor-general through a murky process with no parliamentary oversight. Individuals are sometimes branded as terrorists on the basis of dubious evidence obtained from sources - a litany of non-democratic countries, for example - that are, at best, problematic.
The politicized nature of these certificates is frankly acknowledged by former CSIS agent Michel Juneau-Katsuya who noted that the Charkaoui's arrest "may have been done as a pre-emptive strike or to destabilize a network, or it may have been done under pressure to please the Americans.
Assuming that there is some evidence, however, Charkaoui will be still be batting blind because he and his lawyer will not be shown the heart of the evidence against him. On this lack of transparency, Juneau-Katsuya is equally candid: Because the majority of evidence is never disclosed, Charkaoui will be left to defend himself in the dark…”
“…Charkuoui's assertion, that he has been pinpointed because he rejected the overtures from CSIS to spy on the community, is also worthy of scrutiny. There have been numerous complaints against CSIS of late, all reported in the media. For example, CSIS requesting that Egyptian intelligence detain a Toronto imam who was en route to Canada; recent stories about CSIS's rather active and aggressive recruitment drive in the Algerian community; and CSIS involvement in the deportation of Canadian Maher Arar to Syria.
Toronto lawyer Clayton Ruby argues that, "Crimes are committed in a casual and routine way by CSIS." In fact, for a long list of CSIS's rather shadowy workings, see the book Covert Entry by investigative reporter Andrew Mitrovica. It's an eye-opening plot of illegal entry, tax evasion, destruction of evidence, illegal eavesdropping, theft and fraud. For starters…”

On Globe and Mail and under the title “When liberties fall in security's name” the point concerning the counter terrorism practices

“…Little of this reassures those concerned about civil liberties. While we want to presume the good faith of the authorities, they are not immune to overzealous, misguided actions. The minor cases that have trickled into the criminal, and thus public, courts are instructive.

Consider Tarek Adealy Khafagy, a hapless Montreal baker of Egyptian origin arrested in 2000 by RCMP agents acting on a tip. He was accused of plotting to blow up the Israeli consulate. Mr. Khafagy spent five months behind bars until he was acquitted. It turned out that the Mounties' informant owed $6,000 (U.S.) to Mr. Khafagy and thought framing him would be a way to get rid of a creditor.

In Mr. Jaballah's case, Justice Mac- Kay's ruling repeatedly spoke of an abuse of process because of the way the Immigration Department didn't respond promptly to his application for protection from possible torture or death if he were deported to Egypt.

The lack of safeguards when secret evidence is heard is troubling enough that Mr. Justice James Hugessen last year went public about the way he and others on the Federal Court feel. "We hate it," he said. "We do not like this process of having to sit alone, hearing only one party and looking at the materials produced by only one party."

On Globe and Mail and under the title “Immigrant is al-Qaeda agent, CSIS says”  TU THANH HA wrote:

"…The service is of the opinion that Charkaoui fits the profile of a

sleeper agent who could be activated at any time," one CSIS filing said.

The documents say that CSIS agents have been monitoring Mr. Charkaoui for a while but moved to detain him now because of this spring's war in Iraq, during which Iraqi Information Minister Mohammed Saeed al-Sahhaf called on Muslims everywhere to wage holy war against the U.S.-British coalition…”

“…The synopsis that was made public yesterday omits key information, leaving the impression that Mr. Charkaoui's main sin is that he taught karate and that he knew Muslim people who subsequently turned out to be terror suspects...”

On a press release The Canadian Arab Federation (CAF) called the ‘Security Certificates’ an insult to Canadians and called for a major overhaul of the current practice that allows, under the Immigration and Refugee protection act, for the detention and eventual expulsion of certain individuals based on a ministerial certificate.  

“…A ‘Security Certificate’ was used in Montreal last week to detain a 30-year-old Moroccan-born man, Adil Charkaoui, on suspicion he is connected to terrorists.  Another man, Mahmoud Jaballah, an Egyptian-born with 4 children, has spent 22 months in solitary confinement in a Toronto cell on similar suspicions.  “It is un-Canadian to hold someone without charges or proof of guilt. This flies against the basic rules of justice…”

CAF calls for a new process that allows for evidence to be challenged while allaying fears over national security.  “Judges need to hear both sides of the story and have the benefit from cross-examination of the evidence. This is how justice in a civilized society is served…”

The Canadian Muslim Forum (CMF) in its press release called Mr. Charkaoui’s unjust treatment is an insult to Canadian values and that the arrest by a “secret certificate” a fall out of the Islamophobia and anti-Arab propaganda, therefore the CMF invokes the “charter of rights and freedom”; henceforth the right of the accused for a due process.

Canada's national security has always been and continues to be ensured by Canada's systems of Law and Order, therefore all Canadians, regardless of ethnicity and religion, are equally protected under the Canadian law.

Canada's charter “of rights and freedom” guarantees the civil rights of all Canadians under the law of the land, therefore every Canadian citizen or permanent resident is entitled to a protection against self-incrimination, secret evidence, and racial profiling and have the right for a due process.

Mr. Charkaoui's case was handled, by certain media, with racism linking him to its Arab origin and to Al- Qaida, and he was unjustly served a “security certificate” denying him access to a due processes every other Canadian or permanent resident.

The CMF considers the unjust treatment of Mr. Charkaoui insulting to the Canadian socio-democratic values; equality and justice.

The CMF condemns the media discrimination and the security mistreatment of any Canadian, regardless of race, ethnicity or religion, and invokes the “charter of rights and freedom” and calls for the abolition of all non-regular laws and procedures.

In a joined press release the  “La Ligue des droits et libertés”, Amnesty International – Canada, the American Association for Justice and the Coalition for the international monitoring of the civil liberty denounce the Canadian Government using of the “Security Certificate” to arrest and detain Adil Charkaoui…” “…this certificate that designed to protect the national security became a threat to the rights and the freedom..”

“… The procedure under this Security Certificate is in contrary to the rule of fundamental justice…”

“…The application of this certificate would result of a deportation of a refuge or an immigrant to his native country where he could be terture or even killed...”

Adil Charkoui's defense lawyer Rocco Galati said it's unacceptable that his client is in jail without knowing details of the case against him. "If they have the evidence, why don't they charge him under the Criminal Code?" "This is the same process we saw in France before the revolution with “lettres de cachet”, and it's the same process we used during the Second World War against Japanese and Italian Canadians who were interned." "It is medieval" "We've reverted to a pre-English Bill of Rights, a pre-French Revolution system of royal rule and no constitutional rights whatsoever where we can decide these things in secret," he stated.

Generally the fear became part of the Muslim and Arab lifes, and Canadian

generally are feeling less secure, as stated by Mr. Yahya Abdul Rahman, the editor of the online Montreal Muslim News Network in his article “As a Canadian CSIS makes me feel less secure and its' pontification about "national security" is disingenuous”

“…We are asked to trust them because if they publicly reveal what evidence they have against Mr. Charkaoui, the security of Canadians would be compromised…”

 “…The problem is that this method does not provide for the proper checks and balances embedded in usual criminal proceedings here in Canada.  How do we know the authorities are not acting on prejudice or making many mistakes? …”

“…The Canadian Charter of Rights and Freedoms states that " Everyone has the right on arrest or detention to be informed promptly of the reasons therefore" and also in section 11 everyone has the right " to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal."

These principals are not being respected in the case of Mr. Charkaoui, and several others who find themselves under similar circumstances who are charged with "secret evidence."

If CSIS can knock on my door in the dead of night, haul me away and say they have secret evidence against me which I or my lawyer are not allowed to see, then as far as I am concerned allowing this to happen is a threat to Canada's national security. No one will be safe in this country as we make this slippery descent into barbarism…”

“…all those living in Canada are under attack, and that should be a cause of concern for all Canadians.

It is Charkaoui today, but who knows, maybe it will be you tomorrow…”

In the Montreal Gazette under Security handcuffs defence JAMES MENNIE wrote

“…They had Adil Charkaoui in handcuffs when they brought him into Room 3.06, but after a few minutes you got the impression it was the court whose hands were tied…”

“…Federal Court Justice Simon Noël looked out at the courtroom and brought everyone up to speed. Noël explained how "the legislators" obliged him to review the federal government's case against Charkaoui within 48 hours of the latter's arrest. He explained he had seven days to review whatever information the government could provide to back up its claim that the quiet-looking…” “…Noël explained to the McGill St. courtroom it was his duty to make sure the process of addressing the government's case against Charkaoui be conducted in an expedient manner. He also said how important it was that Charkaoui be made aware of the allegations against him.

But as he approached the part about just what exactly Charkaoui is legally entitled to know, about just how much of the government case could be made public without compromising what that same government contends are the interests of national security, the tempo of Noël's résumé began to slow.

And it was then that the judge asked himself out loud whether the information he did finally share with Charkaoui's lawyers was sufficient to their case without compromising Canada's security.

"And after some deep reflection and a few sleepless nights, I found the answer was yes."

“…In a typical criminal proceeding, the accused is charged by the Crown and it falls to the Crown to prove guilt beyond a reasonable doubt to a judge or a jury. The Crown's case must be fully disclosed to the defence so the latter can poke and prod and examine it, because in this country, the rights of the accused are, however frustratingly on occasion, paramount.

But in Charkaoui's case, things are different. He has been charged with no crime….” “…a case that can be summed up by the presiding judge as follows: "The government says you're a threat to national security and you should be kicked out of the country. Here's most of their case against you. I can't tell you the rest because of national security. "So, now, convince me why I shouldn't believe them."

Justice for Adil Charkoui is justice for all Canada let us fight to abolish is law and to be all equal in front of normal law of land and not in the hand of spy agent.

Justice Coalition For Adil Charkoui is calling for all people to show up on support for a due process on his bail hearing that set for July 2^nd at he Montreal court 80 McGill street at 9:00 AM

Justice Coalition For Adil Charkaoui could be reach in Toronto the Campaign to Stop Secret Trials in Canada at (416) 651-5800, and by e-mail at: justiceforadil@riseup.net And all information are available at Montreal Muslim News www.adilinfo.org

Now we all know that under the security certificate, secret evidence could be used against any of us, which neither you nor your lawyer is allowed to see? And they could condemn you with no right to appeal!

So I think this is the time to move, to resist this injustice and to move all of us to support this coalition and to call for abolishing this law, this needs effort and money; time has come that all civil social organization set a side a small percentage of their budget and activities for the well being of all population politically.

Please read and feel free to forward, print, and publish.

We would like to apologize fro any repeated messages, and any typing or grammatical errors.

We act because we believe in this quote: ” You can fool some people some time, but you cannot fool all people all time”

Mohamed S. Kamel

internationalnews-owner@yahoogroups.com

www.apm-ram.com

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