Muslims in Canada to challenge secret ‘terrorist’ trials
By Mark Bourrie
OTTAWA: Muslim groups in Canada are planning a class-action suit against Ottawa to try to gain the release of a Moroccan immigrant held without charges for alleged terrorist links.
Adil Charkaoui is one of several immigrants to Canada held in jail on “security certificates”, which allow judges to deport legally admitted foreign nationals without charge or disclosure of evidence.
Critics say the certificates were rarely used before the Sept. 11, 2002 attacks on New York and Washington but have been increasingly used against Muslims since then.
The small amount of information disclosed by authorities to the Federal Court shows the Canadian Security Intelligence Service (CSIS) interviewed Charkaoui just three days after the 9/11 attacks. He was also interviewed by U.S authorities while visiting New York last year but no charges were laid and the 29- year-old graduate student was released with a warning that he had been placed on a list of suspected terrorists.
Muslim Canadians want to launch the lawsuit, said Salam Elmenyawi, president of the Muslim Council of Montreal, because the security certificates have been — with just one exception — used against Muslims.
“It’s harming our community,” Elmenyawi said in an interview. “The process of applying the law has been very discriminatory.”
Elmenyawi has never met Charkaoui, the suspected terrorist. But the man’s guilt or innocence is not the point, he says.
“It’s about the process. The things Charkaoui is accused of — like travelling to Pakistan — apply to many Muslims. CSIS seems to believe every Muslim is a sleeper and you just have to push a button and they become a terrorist.”
He says a lawsuit would be a costly affair, “but we’re getting very serious. We’re sick of this treatment. The issue for us is fundamental justice and to make sure our politicians will not abuse the Canadian laws,” Elmenyawi added.
“We want the charges, the secret evidence and the foreign evidence to be brought forward and be open to everybody. The lack of proper checks and balances in the process of compiling foreign and secret evidence is very dangerous.”
Solicitor-General Wayne Easter, whose department operates CSIS, would not discuss the Charkaoui matter or two other similar cases in Ottawa and Toronto saying they are before the courts.
Charkaoui and his lawyers are not allowed to see the evidence against him or know its source “for reasons of national security”. Only the Federal Court judge who will be hearing the case is allowed to see the entire dossier.
The summary of the documents show they allege Charkaoui, who was living in Montreal, is or was a member of Al Qaeda, is “a danger to the security of Canada” and could “engage in terrorism”.
The summary includes a heavily edited mention of a plot by a Montrealer of Sudanese origin to blow up an Air France jet. It does not name the Sudanese suspect nor does it say what if anything Charkaoui had to do with the conspiracy.
Other CSIS documents often mention Abousofian Abdelrazik, a Montrealer from Sudan whom CSIS describes as a high-ranking jihadist close to Abou Zubeida, lieutenant for Osama bin Laden, and responsible for recruiting and running the network of terrorist training camps in Afghanistan.
Charkaoui admits meeting Abdelrazik in Montreal on several occasions in the summer of 2001.
The man’s next hearing in Federal Court is scheduled for Jul. 2. If his lawyer fails to convince the judge to grant bail, Charkaoui will likely be deported to Morocco.
At a conference last week in Montreal, his sister, Hind, denounced Charkaoui’s treatment. They came to Canada together in 1995, and Adil Charkaoui spent the last eight years in Canada teaching, studying, and working at a series of jobs, his sister said.
“We thought we’d arrived in a country of justice, a country of the law,” Hind Charkaoui told the Montreal Gazette newspaper. Detention without trial goes against basic human rights, she added. “This is a regression to mediaeval practices that are arbitrary. What happened to my brother could happen to any of you.”
The rarely used security certificate process has been part of the Immigration and Refugee Protection Act since the early 1990s. Recently, it has been used mainly against Muslims, like Charkaoui, suspected of being terrorists.
CSIS claims Charkaoui joined Al Qaeda while travelling in Pakistan and was in regular contact with suspected terrorists. It alleges he is a “sleeper” agent who has not committed any crimes but was ready to act when ordered to do so.
The court documents list several suspected or convicted Al Qaeda terrorists Charkaoui is alleged to have known, including Ahmed Ressam, who was convicted of planning to bomb the Los Angeles airport during millennium celebrations.
CSIS claims that in 1998 Charkaoui spent five months in Pakistan, at the same time as Ressam and Zacharias Moussaoui, the alleged backup 20th hijacker in the Sept. 11 attacks. They supposedly trained at the Khaldun Al Qaeda camp in Afghanistan on the Pakistan border.—Dawn/InterPress News Service.

