Terror suspect to be released
- Terror suspect to be released
Feb 15, 2007
The federal court has ordered the release of a terrorism suspect who
has been held for more than six years without charges.
Mohammad Mahjoub has been in custody fighting his deportation to
Egypt since June 2000. Today's court ruling from Justice Richard
Mosely grants him release on strict bail conditions that amounts to a
form of house arrest.
Canada's spy service alleges Mahjoub was a high-ranking member of the
Egyptian Al Jihad and had contact with other terrorism suspects in
Canada. The government is trying to deport the 46-year-old refugee to
his birth country on the grounds that he is a danger to Canada.
There are various court challenges underway for Mahjoub's case and
against the immigration legislation that gives the government the
power to deport non-citizens on national security grounds, based in
part on secret evidence presented to a federal court justice.
The Supreme Court is expected to rule soon on the constitutional
challenge of the legislation and in December a federal court justice
overturned a government report that concluded Mahjoub would not face
torture if returned to Egypt.
That means it could be more than a year before a new report is issued
and Mahjoub's lawyers have argued this uncertainty amounts to
"indefinite detention," which is contrary to Canadian law.
Mahjoub is one of five men the government is trying to deport on
national security certificates for alleged links to groups tied to Al
Two other men have already been released on bail, while Hassan Almrei
and Mahmoud Jaballah, both from Toronto, still remain imprisoned in
the Kingston-area immigration detention centre.
Mahjoub, Almrei and Jaballah, say they have been on a hunger strike
for more than two months to protest the conditions of their detention.
Mohammad Mahjoub, Longest Held of Canada's Secret Trial Detainee, to
be Returned to His Family
On Day 83 of his hunger strike, good news finally arrives.
Feb 15, 2007 Campaign to Stop Secret Trials in Canada
On Day 83 of his hunger strike, secret trial detainee Mohammad Mahjoub
has finally received the news he has been waiting for since June, 26,
2000, when he was arrested on a secret trial security certificate.
Federal Court judge Richard Mosley has ordered Mahjoub released, under
strict house arrest conditions, to his family.
"The applicant today is an ailing and aging man preoccupied with his
health and the lack of contact with his family apart from telephone
calls and occasional visits," Mosley found, acknowledging the
tremendous toll detention has taken on Mahjoub. "The conditions of his
detention have exacerbated that problem."
Significantly, Judge Mosley also found that "his detention might
reasonably be described as indefinite."
Mosley also found that Mahjoub, "at this stage of his life and with
the interests of his family and health at stake, he has simply too
much to lose should he be released and violate the terms and
conditions." Friends and community supporters have pledged over
$100,000 in cash and performance bonds to secure his release.
(Full text of the decision available at
Reached at Guantanamo North in Kingston (also known as the Kingston
Immigration Holding Centre), an exhausted Mahjoub breathed a huge sigh
of relief and asked that the Campaign to Stop Secret Trials in Canada
express his most sincere thanks for all people across Canada and
around the world who have stood up not only for his rights, but for
all those subject to security certificates.
Mr. Mahjoub will remain behind bars until all the terms and conditions
of his transfer home are finalized with the Federal Court. His wife,
Mona Elfouli, and two young children, Ibrahim and Yusuf, anxiously
await his return.
The terms and conditions of Mahjoub's transfer home are similar to
those that saw secret trial detainee Mohamed Harkat returned to his
family in June, 2006: electronic bracelet for round-the-clock
monitoring, prior approval from Canadian Border Services Agency for
all visitors to the house, being allowed out three times a week, with
prior approval, for up to four hours at a time, among many others.
The decision comes in the midst of a devastating hunger strike
protesting conditions of detention in Kingston. Mahmoud Jaballah,
whose bail hearing concluded on Tuesday, expects a decision within the
month, while Hassan Almrei anxiously awaits word from the Supreme
Court of Canada, which heard his challenge to the bail provisions of
the security certificate in June, 2006.
All three men, in addition to Harkat and Adil Charkaoui, who was
released on strict bail in February 2005, still have a major struggle
ahead of them as they fight deportation to torture in Syria, Egypt,
Algeria, and Morocco. Mr. Charkaoui has yet to have his security
certificate hearing as well.
And sadly, the hunger strike at Guantanamo North continues with no end
in sight, so we ask that people continue calling the ministers
(Stockwell Day) and Stephen Harper urging that a solution be reached
as soon as possible. For further info on the hunger strike see
Campaign to Stop Secret Trials in Canada, tasc@...
Conditions of release for Mohamed Mahjoub (quite rigid)
See details: http://cas-ncr-nter03.cas-satj.gc.ca/rss/DES-1-00.pdf)
* Mr. Mahjoub, before his release from custodial detention, shall be
fitted with an electronic monitoring device
* Mr. Mahjoub shall arrange at his expense for the installation in the
residence specified below of a separate dedicated landbased
telephone line meeting the CBSA's requirements to allow effective
* Prior to Mr. Mahjoub's release from incarceration, the sum of
$32,500.00 is to be paid into Court
* While at the residence Mr. Mahjoub is not to be left alone in the
residence. That is, at all times he is in the residence either Mona El
Fouli, Haney El Fouli, or El Sayed Ahmed or some other person approved
by the Court must also be in the residence.
* Between the hours of 8:00 a.m. and 9:00 p.m., Mr. Mahjoub may exit
the residence but he shall remain within the boundary of any outside
space associated with the residence (that is, the backyard). He must
at all times be accompanied by either Mona El Fouli, Haney El Fouli,
or El Sayed Ahmed.
* Mr. Mahjoub may, between the hours of 8:00 a.m. and 9:00 p.m., with
the prior approval of the CBSA, leave the residence three times per
week for a duration not to exceed 4 hours on each absence.
* Mahjoub shall not, at any time or in any way, associate or
communicate directly or indirectly with any person whom Mr. Mahjoub
knows, or ought to know, supports terrorism; or any person Mr. Mahjoub
knows, or ought to know, has a criminal record
* Mr. Mahjoub shall not possess, have access to or use, directly or
indirectly, any radio or radio device with transmission capability or
any communication equipment or equipment capable of connecting to the
* Prior to his release from incarceration, Mr. Mahjoub and all of the
those persons who reside at the residence shall consent in writing to
the interception, by or on behalf of the CBSA, of incoming and
outgoing written communications
* Mr. Mahjoub shall allow employees of the CBSA, any person designated
by the CBSA and/or any peace officer access to the residence at any time
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