Murray Lumley
Tuesday, April 24, 2012
Mahjoub Hearing, Tuesday, April 24, 2012
Monday, April 23, 2012
Mahjoub Hearing, Monday, April 23, 2012
Stay of Proceedings asked for
Wednesday, March 21, 2012
Stop the Secrecy! Pack the Courts!
Mohammad Mahjoub, a Torontonian, detained without charge for over 11 years, is going to court to have all charges against him quashed on April 23 - 25, and the proceedings are open to the public. Sign up for a morning or afternoon shift by clicking here: http://www.doodle.com/244bzmq2x9m6asdt (Federal Court, 180 Queen Street, 6th floor, Toronto)
In the summer of 2011, government officials entered Mr. Mahjoub's lawyers' room in the Federal Court, seized boxes of documents, viewed and read the materials and then mixed them up (commingled) with their own government documents. This represents a serious breach of attorney-client privilege, an essential part of a fair trial.
This latest, entirely illegal and unprecedented access to confidential defense documents by government officials representing the Department of Justice, proves yet again that no legal, fair or just processes are being followed in Security Certificate detentions and hearings.
Earlier, CSIS officials admitted in court that, from about 1996 to 2006, CSIS and/or Canada Border Services Agency (CBSA) listened to, recorded, analysed and used Mr. Mahjoub's conversations with his lawyers (as well as his family members and friends) against him. In December 2010, the court found that, despite an order to cease doing so, CSIS continued the practice of listening to his conversations with his lawyers for two more years.
Stop the Secrecy! Pack the Courts! End the Security Certificates!
Mon – Wed, April 23 - 25, 9:30am - 5:00pm.
Federal Court, 180 Queen Street, 6th floor, Toronto
Mohammad Zeki Mahjoub was arrested under a "security certificate" in June 2000, over 11 years ago. Under this “security certificate” Mohammad Mahjoub has spent the last 11 years without any charges being laid against him or having access to the "evidence" against him. For over 11 years, Mr. Mahjoub has remained either in jail or on draconian bail conditions without going through a trial or being found guilty. For 11 years, Mr. Mahjoub has lived with the threat of deportation to death or violence looming over his head without access to justice. Security Certificates can only be used against non-citizens, who are given lesser rights to justice, simply on the basis of citizenship.
Currently, three men are being held under security certificates: Mohammad Mahjoub (since 2000), Mahmoud Jaballah (since 2001), and Mohamed Harkat (since 2003). In 2009, security certificates against Adil Charkaoui and against Hassan Almrei were thrown out; both are now suing the government.
SECURITY CERTIFICATES:
* Only apply to immigrants, not citizens
* No charges are laid; only general allegations of potential danger, often based on profile and association
* Federal Court has ruled that presumption of innocence does not apply
* Evidence is not disclosed to the person arrested nor to his lawyer
* Evidence thought to have been obtained under torture is supposed to be excluded; in practice, CSIS admitted in 2008 that all current cases would fall apart without recourse to evidence likely resulting from torture
* Standard of proof is "reasonable grounds to believe" - far lower than in criminal courts
* Any information is accepted as evidence; including hearsay, newspaper clippings, unsourced intelligence, etc.
* Until 2008, CSIS systematically destroyed evidence (all current cases predate 2008)
* In practice, people arrested under security certificates are subject to indefinite detention
* If upheld, a security certificate results in deportation, even if there is an acknowledged risk of death or torture
Please Like: www.facebook.com/SupportMahjoub
For more information: http://www.peoplescommission.org/en/mahjoub/
To contact the Justice for Mahjoub Network: justiceformahjoub@gmail.com
Our Demands: 1) Immediately free Mahjoub, Harkat and Jaballah; 2. Apology, reparations and citizenship for all five security certificate detainees; and 3. Accountability for all officials responsible for their arbitrary, indefinite detention.
Monday, March 19, 2012
Mohammad Mahjoub's First Speech
Thursday, February 16, 2012
MAHJOUB HEARINGS POSTPONED
Monday, February 13, 2012
Pack the Court! End "Secret Trials"! Support Mohammad Mahjoub!
http://www.facebook.com/events/242809372471603/ (please share!)
Monday, Tuesday, Feb. 20 - 21, 2012, 9:30am - 4:30pm, Mohammad Mahjoub Court Hearing, Federal Court, 180 Queen Street, 6th floor, Toronto (near Osgoode station)
http://www.peoplescommission.org/en/mahjoub/
On Feb 20, 2012, lawyers for Mohammad Mahjoub - a Torontonian who has been in jail or on house arrest for more than 11 and a half years without charges or trial, on secret evidence obtained under torture - will appear in Court to ask that all proceedings against him be tossed out. In the summer, government officials entered Mr. Mahjoub's lawyers' room in the Federal Court, seized boxes of documents, viewed and read the materials and then mixed them up (commingled) with their own government documents. This represents a serious breach of solicitor-client privilege, an essential part of a fair trial.
*Please attend the court house in support anytime between 9:30am and 4:30pm on Feb 20-21*
WHAT IS A SECURITY CERTIFICATE?
Mohammad Zeki Mahjoub was arrested under a "security certificate" in June 2000, over 11 years ago. Under this “security certificate” Mohammad Mahjoub has spent the last 11 years without any charges being laid against him or having access to the "evidence" against him. For over 11 years, Mr. Mahjoub has remained either in jail or on draconian bail conditions without going through a trial or being found guilty. For 11 years, Mr. Mahjoub has lived with the threat of deportation to death or violence looming over his head without access to justice. Security Certificates can only be used against non-citizens, who are given lesser rights to justice, simply on the basis of citizenship.
CONTINUED ILLEGAL ACTIONS BY THE CANADIAN GOVT.
This latest, entirely illegal, and unprecedented access to confidential defense documents by government officials, representing the Department of Justice, proves yet again that no legal, fair or just processes are being followed in Security Certificate detentions and hearings.
Earlier, CSIS officials admitted in court that, from about 1996 to 2006, CSIS and/or Canada Border Services Agency (CBSA) listened to, recorded, analysed and used Mr. Mahjoub's conversations with his lawyers (as well as his family members and friends) against him. In December 2010, the court found that, despite an order to cease doing so, CSIS continued the practice of listening to his conversations with his lawyers for two more years.
*Please also read and sign the statement in support of Mr. Mahjoub here
(organizations only!): http://www.peoplescommission.org/en/mahjoub/feb2012.php
*Please also view and sign this general statement on and against security certificates: www.harkatstatement.com *Sophie Harkat has just released an appeal to ask us and our friends to sign this important statement
BRIEF SUMMARY OF MR. MAHJOUB'S TRIBULATIONS IN CANADA
Mohammad Zeki Mahjoub came to Canada in 1995 from Egypt, where he had been detained without charge and tortured. He was accepted as a refugee in 1996, settled in Toronto, got married, and had two young sons. However, back in Egypt, a year and a half after his arrival in Canada, his three brothers were arrested and held without charge for eight years. They were all released in 2005, never having been charged or tried.
In June 2000, Mr. Mahjoub was arrested on a security certificate. He began a hungerstrike in 2002, after he was sexually assaulted by a guard. His complaints led nowhere. This was the first of several hunger-strikes. In 2005, after being imprisoned for five years without a trial, Mr. Mahjoub began a hunger strike to protest prison conditions, consuming water, juice and occasional broth, lasting 76 days and losing 110lb before he was hospitalized.
In April 2006, Mr. Mahjoub, along with three other security certificate detainees, was transferred to the "Kingston Immigration Holding Centre", a six-cell facility opened specifically to detain Muslims held on security certificates, which was soon dubbed "Guantanamo North". The facility, which now stands empty, cost tax-payers $3.2 million to build, and two million a year to operate with one inmate, according to CBC.
Mr. Mahjoub, with two of the other detainees at Guatanamo North, went on hungerstrike again in winter of 2006 for 93 days. He was finally ordered transferred to house arrest on February 15th 2007.
It took months for Mr Mahjoub to be transferred from prison after the federal court ruling, and when he was, it was under conditions that in practice turned his home into a prison and his family into his prison guards.
In February 2007, the Supreme Court struck down Security Certificates as unconstitutional but gave the government a year to respond. Significantly, the court refused to accept that the regime was unfair since it only applied to refugees and permanent residents, and therefore afforded them a far lower standard than that accorded to Canadian citizens facing similar allegations.
In February 2008, Security Certificate laws expired but the Canadian government passed a new Security Certificate law which remained essentially the same. New certificates were issued against Mr. Mahjoub, Mahmoud Jaballah, Hassan Almrei, Mohamed Harkat and Adil Charkaoui. All five men remained in prison or under house arrest and had to begin the process all over again.
On 18 March 2009, Mr. Mahjoub returned to prison at Guantanamo North in Kingston. He could no longer subject his family to the intolerable and humiliating invasions of their privacy that the conditions of his house arrest required. On 01 June 2009, Mr. Mahjoub began another hunger strike to protest conditions in prison. He remained on hunger strike for six months.
On 30 November 2009, Mohammad Mahjoub, then the sole prisoner at “Guantanamo North”, was again ordered transferred to house arrest in Toronto.
In summer 2010, in a significant court victory, the Federal Court ruled that part of the "case" against Mr. Mahjoub was probably gleaned from torture, and could not be accepted by the Court. The extent of that finding, however, is still subject to closed door proceedings that Mr. Mahjoub cannot attend.
From about 1996 to 2006, CSIS and/or CBSA listened to, recorded, analysed and used Mr. Mahjoub's conversations with his lawyers against him. In December 2010, the Federal Court found that, despite a court order prohibiting this practice, CSIS continued to violate solicitor client privilege in this way for two more years.
In October 2011, the court reviewed Mr. Mahjoub's bail conditions, as it is required to do every six months. On February 03, 2012, the Federal Court ruled that the government failed to show that it is reasonable to maintain intrusive conditions of control and surveillance on Mohammad Mahjoub.
For the first time since 2000, Mr Mahjoub will be able to go anywhere in Toronto without supervision or notifying the CBSA; in addition, his curfew will be lifted and a camera in front of his house removed; and he will be able to travel anywhere in Canada. Many intrusive conditions nevertheless remain, such as a prohibition on use of internet and cell phone, phone tapping, and supervision outside Toronto. These conditions were imposed with sole reference to the government's arguments; the court ruled that it could not take Mr. Mahjoub's responses to the allegations into account.
Until the question of the commingled documents is decided, ongoing hearings on the certificate itself - unconstitutionality, illegality, "reasonability" - have been suspended. Depending on the outcome of the February hearings, these could continue in March with key witnesses like Stockwell Day.
Friday, February 03, 2012
Mahjoub 'Detention Review' Decision Comes Down
The next hearings will have to do with the ‘Stay of Proceedings Motion’ which Judge Blanchard has allowed Mr. Mahjoub since the commingling of M.C. and P.C. documents last summer. These documents are slowly being separated – with great difficulty and delay under the supervision of Protonary Judge Aalto as a separate procedure since the fall of 2011. Right now the ‘Stay of Proceedings Motion’ hearings are scheduled to begin around February 20, 2012.
The press release below is by Mary Foster of the ‘People’s Commission Network’ of Montreal regarding the ‘Detention Review Decision’ - http://www.peoplescommission.org/en/mahjoub/
Press Release:
Court: Government fails to show that it is reasonable to keep Mahjoub under conditions.
Toronto, 3 February 2012 -- A Federal Court decision says the government failed to show that it is reasonable to maintain intrusive conditions of control and surveillance on Mohammad Mahjoub, arrested under a security certificate almost twelve years ago. The decision is the outcome of detention review hearings that took place in late 2011.
"People who care about justice and are not frightened by vague, unproven and unconvincing allegations must call for Mr. Mahjoub's immediate release from ALL conditions. The court is clear: the government has failed to show that he should be kept under his current conditions. The question is then why are any conditions maintained? His full liberty must be restored to him immediately," said Mary Foster, an activist with the People's Commission Network.
While the decision does not free Mr. Mahjoub entirely, he has nevertheless won considerable concessions. For the first time since 2000, he will be able to go anywhere in Toronto without supervision or notifying the CBSA; in addition, his curfew will be lifted and a camera in front of his house removed; and he will be able to travel anywhere in Canada.
"I am looking forward to enjoying more freedom," said Mr. Mahjoub, "Maybe for others it doesn't seem like much, but to someone who has been denied the right to walk about or travel freely for twelve years it is very precious. It gives me a foretaste of the day when this nightmare will be behind me entirely and my name will be cleared from false allegations and malicious labels."
Many intrusive conditions nevertheless remain, such as a prohibition on use of internet and cell phone, phone tapping, and supervision outside Toronto.
"It is very disturbing that the Court says the presumption of innocence does not apply in security certificate cases because there are no charges," added Foster. "That is a very dangerous logic. Where are we headed with this?"
A series of scandals rocked Mr. Mahjoub's case over the last year. In December 2011, media reports revealed the existence of a secret CSIS memo in which the spy agency admitted that "the bulk of information" in Mr. Mahjoub's security certificate file was tainted by torture. During the summer, Department of Justice staff seized confidential documents belonging to Mr. Mahjoub and his lawyers from the Federal Court, mingling it with their own. Mr. Mahjoub has applied for a permanent stay because of the serious and ongoing breach of client-solicitor privilege. Neither of these issues were considered in this week's decision.
Mr. Mahjoub is a torture survivor who was accepted as a refugee in Canada in 1996. The 51-year old father of two was arrested under an immigration "security certificate" on the request of CSIS in June 2000. After his release from prison, he was placed under intrusive house arrest conditions, pending the final outcome of his case.
Two other men remain under security certificates in Canada: Mohamed Harkat in Ottawa, an Algerian refugee who has been fighting a security certificate for nine years, and Mahmoud Jaballah in Toronto, a torture survivor from Egypt who was arrested in 1999, released, and then re-arrested on the same information in 2001. Certificates against Hassan Almrei and Adil Charkaoui were thrown out in 2009; both men are now suing the government for reparations.
-30-
For interviews:
514 222 0205
Source:
People's Commission Network
www.peoplescommission.org/en/mahjoub
https://twitter.com/#!/peepcomm