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Secret Deportation Hearings

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  • ummyakoub
    MAN JAILED FOR BEING ARAB, LAWYER SAYS CANADIAN PRESS, 5/26/03 http://www.thestar.com/NASApp/cs/ContentServer?
    Message 1 of 1 , Jun 9, 2003
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      MAN JAILED FOR BEING ARAB, LAWYER SAYS
      CANADIAN PRESS, 5/26/03
      http://www.thestar.com/NASApp/cs/ContentServer?
      pagename=thestar/Layout/Article_Type1&c=Article&cid=1052251659863

      A man being held in a Toronto jail who has not been charged with or
      convicted of any offence is there solely because he is an Arab
      Muslim, the lawyer for alleged security threat Mahmoud Jaballah said
      today.

      Jaballah, 40, has been held in solitary confinement for 27 months
      without being charged and without the right to apply for bail.

      The message to Arabs living in Canada is clear, Jaballah's lawyer
      said at a news conference Monday.

      "You don't have any constitutional rights," Rocco Galati said.

      "Just like the Japanese Canadians and the Italo-Canadians didn't have
      any constitutional rights during the Second World War."

      A federal court judge said in a written decision last week that
      Jaballah's prolonged detention constituted an abuse of power on the
      part of Immigration Minister Denis Coderre.

      The decision also concluded that Jaballah can't be returned to his
      native Egypt because he faces torture and possibly death.

      However, Jaballah can't apply for bail in Canada because he was
      arrested on a national security certificate because of information
      provided by the country's spy agency, the Canadian Security
      Intelligence Service. In such a case, bail is unavailable until after
      a ruling is made that the certificate is reasonable. That ruling in
      Jaballah's case has been bogged down in procedure...

      SEE ALSO:

      HARSH HANDLING OF MUSLIM TRAVELLER
      Tony Willoughby, 5/20/03
      http://www.timesonline.co.uk/printFriendly/0,,1-44-686102,00.html

      Sir, The head of IT at our law firm is a Muslim. He is a gentleman in
      every sense of the word. His fanaticism, if he has any, is restricted
      to cricket. Last Sunday he went on a business trip to California. On
      arrival at Los Angeles he was detained and interrogated on suspicion
      of being a terrorist. He has no criminal record and had with him all
      relevant documentation to explain his presence in the US.

      He was held for 28 hours. For the first 12 hours he was refused
      access to a telephone. After 16 hours, not having been given any
      food, he asked if he could have some. He was given ham sandwiches
      and, when he explained that he could not eat pork, he was told: "You
      eat what you are given." He did not eat. He was eventually escorted
      back to the airport in handcuffs and deported.

      Why he was detained in the first place is a mystery, but that is not
      my complaint. Part of the tragedy of the present situation is that
      innocent people are bound to suffer to some degree. What is
      inexcusable is the way he was treated while in detention.

      Treating people in a manner which demonstrates a total lack of
      respect for them as human beings is itself a form of terror and is
      calculated to provoke terror. The US authorities would do well to
      bear that in mind.

      -----

      SOME DOUBT STRENGTH OF US TERRORISM CASES
      Tatsha Robertson, Boston Globe, 5/27/03
      http://www.boston.com/dailyglobe2/147/nation/Some_doubt_strength_of_US
      _terrorism_cases+.shtml

      BUFFALO - History was made here last week when the first federal case
      involving suspected terrorist cells detected in the United States
      after the Sept. 11 attacks came to a close as the last of
      the "Lackawanna Six" pleaded guilty to supporting Al Qaeda and
      attending a terrorist training camp in Afghanistan. And today, a jury
      in Detroit continues deliberating the fate of four alleged sleeper
      cell members in the first terrorism trial in the United States after
      the 2001 attacks.

      While the Justice Department took different paths in prosecuting the
      two cases, legal specialists said they are preludes to future trials
      of alleged sleeper cells in the United States. Both cases have
      sparked criticism among legal scholars who say the charges were
      overblown by federal officials desperate to break up terror plots in
      the country.

      "The government is staking its credibility on these cases," said
      David Moran, an assistant professor of law at Wayne State
      University...

      SEE ALSO:

      High Court Won't Review Secret Deportation Hearings
      Reuters, 5/27/03
      http://www.nytimes.com/reuters/news/news-court-attack-
      immigration.html

      WASHINGTON (Reuters) - The U.S. Supreme Court rejected on Tuesday a
      challenge to the federal government's policy of holding secret
      immigration hearings of people detained after the Sept. 11, 2001,
      attacks.

      The justices declined to review a U.S. appeals court ruling that news
      media and public access to the deportation proceedings could endanger
      national security.

      Without any comment, the high court refused to hear an appeal by New
      Jersey newspapers arguing the government may not keep the proceedings
      secret without a specific, case-by-case showing that closing the
      hearing would be necessary.

      The secret hearings, which have been widely criticized by civil
      liberties groups, were among the tactics the Bush administration
      adopted after the hijacked plane attacks on the World Trade Center
      and the Pentagon.

      A directive 10 days after the attacks ordered immigration judges to
      close hearings for detainees whose cases the U.S. Justice Department
      deemed were of ``special interest'' to the government's terrorism
      investigation.

      *********************************************************************

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