Secret Deportation Hearings
- MAN JAILED FOR BEING ARAB, LAWYER SAYS
CANADIAN PRESS, 5/26/03
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
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...
HARSH HANDLING OF MUSLIM TRAVELLER
Tony Willoughby, 5/20/03
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
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 government is staking its credibility on these cases," said
David Moran, an assistant professor of law at Wayne State
High Court Won't Review Secret Deportation Hearings
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,
The justices declined to review a U.S. appeals court ruling that news
media and public access to the deportation proceedings could endanger
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
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