Criminal justice systems can not handle terrorists. Bruce Canadian court gives green light to release of Al-Qaeda suspect
<http://news.yahoo.com/s/afp/20060609/wl_canada_afp/canadaalgeriajustice_060 609220934&printer=1;_ylt=AhyJFJ1zwMILDH51Xm7E9FT6OrgF;_ylu=X3oDMTA3MXN1bHE0B HNlYwN0bWE> http://news.yahoo.com/s/afp/20060609/wl_canada_afp/canadaalgeriajustice_0606 09220934&printer=1;_ylt=AhyJFJ1zwMILDH51Xm7E9FT6OrgF;_ylu=X3oDMTA3MXN1bHE0BH NlYwN0bWE- (AFP) Canada's Federal Court dismissed Ottawa's appeal to overturn a previous decision to free from prison Algerian national Mohamed Harkat, whom it suspects of belonging to Al-Qaeda. On May 23, another federal court had granted Harkat a conditional release as he awaited a ruling on an extradition request from Algeria. However, he was required to wear an electronic bracelet, pay a 31,500 dollar (US) bond and stay within the confines of his home in Ottawa if released. Canada's public safety minister appealed the court's decision, saying Ottawa had "reasonable grounds to believe that Mr. Karkat poses a risk to national security" and should not be released. But Justice Robert Decary refused to overturn the order, saying there was no evidence to show Harkat "represents a threat or a danger." Harkat was arrested in December 2002 at his Ottawa apartment under a 1991 legal measure authorizing the expulsion or imprisonment of a Canadian resident or an immigrant suspected of posing a threat to national security. The Canadian Security Intelligence Service suspects Harkat of having trained in a terrorist camp in Afghanistan and of belonging to an Al-Qaeda sleeper cell. But human rights organizations challenged the legality of his detention, on which the Canadian Supreme Court is expected to rule this month, and helped raise funds to pay for his bond. _____ Court OKs release of al Qaeda suspect By Randall PalmerFri Jun 9, 4:21 PM ET (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. Federal Court Justice Eleanor Dawson ruled on May 23 that Harkat could be freed under strict conditions even though she had found him to have lied under oath about his association with Bin Laden lieutenant Abu Zubaydah and having assisted Islamic extremists. "It is true that Mr. Harkat was found by Dawson ... to have engaged in terrorist activities," Decary said in rejecting the government's request to delay or stay Harkat's release until a full appeal of Dawson's decision could be heard next month. "It is also true, however, that the very same judge has found that at the present time his release from detention under strict conditions does not pose a threat to national security or a danger to the safety of any person." Harkat is one of five Muslim foreigners who have been held by Canada on suspicion of being terrorists since shortly after the September 11, 2001, attacks on the United States. They have been held without charge under controversial national security certificates, which allow for secret hearings to determine whether they should be deported. Harkat's legal team, along with lawyers for two of the other men, will separately challenge the constitutionality of those certificates before the Supreme Court of Canada next Tuesday and Wednesday. The argument is that if they indeed are suspected of being terrorists they should be charged and tried as criminals under terrorism legislation, and that secret hearings are not fair. The government makes the point that to get a terrorism conviction requires a judge to be convinced beyond reasonable doubt. It says it should still retain the authority to deny the right to live in Canada to a foreigner whom it might be difficult to convict criminally but who it has "reasonable grounds" to believe might engage in terrorism. In Harkat's case, he still remains in prison for at least a few days while the Canada Border Services Agency finalizes arrangements for supervising him. Among the bail conditions are that he wear an electronic bracelet that will help authorities track his movements and that they be allowed to monitor his phone conversations. In ordering his release last month, Judge Dawson said the government was taking too long to decide whether Harkat would face torture or death if he were returned to Algeria. FAIR USE NOTICE: All original content and/or articles and graphics in this message are copyrighted, unless specifically noted otherwise. All rights to these copyrighted items are reserved. 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