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. Articles and graphics have been placed
within for educational and discussion purposes only, in compliance with
"Fair Use" criteria established in Section 107 of the Copyright Act of 1976.
The principle of "Fair Use" was established as law by Section 107 of The
Copyright Act of 1976. "Fair Use" legally eliminates the need to obtain
permission or pay royalties for the use of previously copyrighted materials
if the purposes of display include "criticism, comment, news reporting,
teaching, scholarship, and research." Section 107 establishes four criteria
for determining whether the use of a work in any particular case qualifies
as a "fair use". A work used does not necessarily have to satisfy all four
criteria to qualify as an instance of "fair use". Rather, "fair use" is
determined by the overall extent to which the cited work does or does not
substantially satisfy the criteria in their totality. If you wish to use
copyrighted material for purposes of your own that go beyond 'fair use,' you
must obtain permission from the copyright owner. For more information go to:
http://www.law.cornell.edu/uscode/17/107.shtml 

THIS DOCUMENT MAY CONTAIN COPYRIGHTED MATERIAL. COPYING AND DISSEMINATION IS
PROHIBITED WITHOUT PERMISSION OF THE COPYRIGHT OWNERS.

 


[Non-text portions of this message have been removed]



------------------------ Yahoo! Groups Sponsor --------------------~--> 
Everything you need is one click away.  Make Yahoo! your home page now.
http://us.click.yahoo.com/AHchtC/4FxNAA/yQLSAA/TySplB/TM
--------------------------------------------------------------------~-> 

--------------------------
Want to discuss this topic?  Head on over to our discussion list, [EMAIL 
PROTECTED]
--------------------------
Brooks Isoldi, editor
[EMAIL PROTECTED]

http://www.intellnet.org

  Post message: [email protected]
  Subscribe:    [EMAIL PROTECTED]
  Unsubscribe:  [EMAIL PROTECTED]


*** FAIR USE NOTICE. This message contains copyrighted material whose use has 
not been specifically authorized by the copyright owner. OSINT, as a part of 
The Intelligence Network, is making it available without profit to OSINT 
YahooGroups members who have expressed a prior interest in receiving the 
included information in their efforts to advance the understanding of 
intelligence and law enforcement organizations, their activities, methods, 
techniques, human rights, civil liberties, social justice and other 
intelligence related issues, for non-profit research and educational purposes 
only. We believe that this constitutes a 'fair use' of the copyrighted material 
as provided for in section 107 of the U.S. Copyright Law. If you wish to use 
this copyrighted material for purposes of your own that go beyond 'fair use,' 
you must obtain permission from the copyright owner.
For more information go to:
http://www.law.cornell.edu/uscode/17/107.shtml 
Yahoo! Groups Links

<*> To visit your group on the web, go to:
    http://groups.yahoo.com/group/osint/

<*> To unsubscribe from this group, send an email to:
    [EMAIL PROTECTED]

<*> Your use of Yahoo! Groups is subject to:
    http://docs.yahoo.com/info/terms/
 


Reply via email to