This piece was reprinted by OpEd News with permission or license. It may not be reproduced in any form without permission or license from the source.
Harkat was victimized, his nightmare beginning on December 10, 2002 - Human Rights Day worldwide to commemorate the 1948 UN General Assembly's adoption of Universe Declaration of Human Rights adoption, 48 - 0 with eight abstentions, from Stalinist Russia, Eastern bloc states he controlled, South Africa and Saudi Arabia.
Based on alleged terrorist links to Al Qaeda and the Armed Sayyaf Group (GIA), Harkat was arrested and imprisoned for the next four and a half years under Canada's Immigration and Refugee Protection Act provision pertaining to the "security certificate" process. It lets 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 withheld from defense counsel.
In place since 1978, the process is secretive and disturbing in cases where alleged charges are determined too sensitive to disclose. Since 1991, 27 residents have been affected. In February 2007, Canada's Supreme Court ruled it unconstitutional in Charkaoui v. Canada.
Then in October 2007, the Canadian 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.
That and other provisions are troubling, including indefinite detentions, whether or not charged, draconian house arrest with continuous monitoring and surveillance, and deportations to despotic states, ensuring torture, imprisonment or death, the reason subjects fled to Canada in the first place, believing they'd be safe.
The special advocate provision is reprehensible, providing legal cover for a fundamentally unjust process designed to stigmatize, vilify, convict or deport targets to oblivion - at the same time pretending it protects national and public security.
The bill mocks the rule of law and judicial fairness, yet got Royal Assent on February 13, 2008. It targets human and civil rights advocates, anyone against illegal wars and homeland repression, and creeping fascist governance. It denies their presumption of innocence and right to judicial fairness in open proceedings with full disclosure of the facts.
Once issued, Federal Courts conduct secret proceedings, subjecting victims to draconian injustice. Later they're given unclassified summaries of whatever the presiding judge considers appropriate, another fundamentally troubling procedure to withhold vital facts from the defense.
Next Page 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8
(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).
1
1
1
