Écoutez une entrevue d’Abousfian Abdelrazik !
Also: please ask your organizations to sign this statement in support of Mahjoub.
Mohammad Mahjoub, a Torontonian, detained without charge for over 11 years, is going to court to seek to have all charges against him quashed on April 23 - 25, and the proceedings are open to the public. Sign up for a morning or afternoon shift by clicking here.
(Federal Court, 180 Queen Street, 6th floor, Toronto)
In the summer of 2011, government officials entered Mr. Mahjoub's lawyers' room in the Federal Court, seized boxes of documents, viewed and read the materials and then mixed them up (commingled) with their own government documents. This represents a serious breach of attorney-client privilege, an essential part of a fair trial.
This latest, entirely illegal and unprecedented access to confidential defense documents by government officials representing the Department of Justice, proves yet again that no legal, fair or just processes are being followed in security certificate detentions and hearings.
Earlier, CSIS officials admitted in court that, from about 1996 to 2006, CSIS and/or Canada Border Services Agency (CBSA) listened to, recorded, analysed and used Mr. Mahjoub's conversations with his lawyers (as well as his family members and friends) against him. In December 2010, the court found that, despite an order to cease doing so, CSIS continued the practice of listening to his conversations with his lawyers for two more years.
Mohammad Zeki Mahjoub was arrested under a "security certificate" in June 2000, over 11 years ago. He has spent the last 11 years without any charges being laid against him or having access to the "evidence" against him. For over 11 years, Mr. Mahjoub has remained either in jail or on draconian bail conditions without going through a trial or being found guilty. For 11 years, Mr. Mahjoub has lived with the threat of deportation to death or violence looming over his head without access to justice. So-called security certificates can only be used against non-citizens, who are given lesser rights to justice, simply on the basis of citizenship.
Currently, three men are being held under security certificates: Mohammad Mahjoub (since 2000), Mahmoud Jaballah (since 2001), and Mohamed Harkat (since 2002). In 2009, security certificates against Adil Charkaoui (arrested in 2003) and against Hassan Almrei (arrested in 2001) were thrown out; both are now suing the government.
Place:Federal Court, 180 Queen Street, 6th floor, Toronto
December 5-7 (Monday to Wednesday)
December 13-16 (Tuesday to Friday)
December 19-20 (Monday and Tuesday)
Time: Every day from 9:30 to noon and 2 til 4:30 (approximate times*)
* Court schedule is subject to last minute change, plus there is a lunch break, so check in before heading to court. Updates (to the best of our ability!) will be posted on Twitter.
Mohamed Mahjoub will be in court to argue that ALL the conditions that are imposed on him should be lifted immediately. He currently lives under a form of house arrest that allows the state to micro-manage and invade every aspect of his life.
His lawyers will be arguing that the court can no longer maintain conditions because CSIS itself no longer claims to have reasonable grounds to believe Mr. Mahjoub to be a threat. His lawyers will also argue that his treatment amounts to unusual punishment in the sense of the charter. They're also pointing out that the conditions imposed on him are irrational and disproportionate.
Tomorrow, Mohamed Mahjoub's legal team will ask the Federal Court to permanently suspend proceedings against Mr. Mahjoub. Mr. Mahjoub, a Toronto-based father of two, has been fighting a "security certificate" since June 2000. The motion asks for Mr. Mahjoub's unconditional release.
In July 2011, Department of Justice staff took privileged and confidential documents belonging to Mr. Mahjoub's legal team from a confidential "break out room" at the Federal Court in Toronto. Department of Justice staff handled, viewed, read, and mixed this material with their own documents. It is not clear whether CSIS and CBSA also had access to the confidential materials. This constitutes a violation of Mr. Mahjoub's right to communicate in privacy with his lawyers. See Mr. Mahjoub's affadavit here.
This violation is aggravated by the fact that CSIS and CBSA have repeatedly violated Mr. Mahjoub's solicitor-client privilege by listening to, recording, analysing and using Mr. Mahjoub's conversations with his lawyers. In December 2010, a CSIS official admitted in court that, from about 1996 to 2006, this illegal practice took place in accordance with CSIS policy OPS 211.
Mr. Mahjoub's legal team will argue that, coming on top of these earlier abuses, this latest violation of Mr. Mahjoub's rights to solicitor-client privileged communication can only be rectified by permanently stopping the process and finally freeing Mr. Mahjoub from this interminable nightmare of abuse.
Court hearings are currently scheduled for 3, 4 and 11 October (but dates are subject to change, so best to confirm at firstname.lastname@example.org before attending). Please come out to show your support for Mr. Mahjoub and firm opposition to racist security certificates.
Contactez le Réseau de la commission populaire: GRIP-Concordia - Réseau de la commission populaire c/o Université Concordia 1455 de Maisonneuve O Montréal, QC, H3G 1M8 email@example.com
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