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Ivan Apaolaza Sancho

Ivan Apaolaza Sancho, a 36-year old Basque refugee claimant and political prisoner, has been detained at the Rivière-des-Prairies prison since June 2007. He was arrested by the RCMP, acting at the behest of the Spanish authorities, who allege that he was a member of the Basque nationalist group ETA, a "listed entity" under Canada's Antiterrorism Act. Ivan vigorously denies the allegations. However, the Minister of Immigration has argued that Ivan should be deported from Canada on these grounds and that he should be detained pending deportation.

Despite repeated requests from his lawyers, not one piece of evidence to support the allegations has been presented. Ivan is detained and faces deportation on the basis of allegations contained within Spanish arrest warrants. Moreover, the allegations in these warrants themselves seem to come from a "confession" a Basque woman made under torture while she was held incommunicado by Spanish police. Under Canadian and international law, information obtained under torture cannot be used in any judicial proceeding.

The Immigration and Refugee Board agreed in May 2008 that the confession in question was likely obtained under torture, but did not accept evidence that the allegations were based on this declaration. As a result of this decision, Ivan is barred from making a refugee claim in Canada. Ivan now faces deportation to Spain where he fears torture at the hands of the Spanish police and further detention without a fair trial. Amnesty International has reported that torture is frequent in Spain in cases such as Mr. Sancho's.

Ivan is one of hundreds of Basque political prisoners. For centuries, the Spanish state has inflicted intense and cruel repression on the Basque left-sovereignist movement, which enjoys broad support in Basque society. Today, following in Franco's footsteps, the state continues to use political repression as it attempts to dismantle the Basque movement's base of social support. Of the 18,721 people arrested in Basque country for political reasons between 1977 and 2002, 9200 people served jail time, 5300 people reported having been tortured, and 9 people were murdered during police interrogations.

UPDATE: June 11th, 2008

FAST-TRACKING DEPORTATION?

Last week, Ivan Apaolaza Sancho - a Basque man who has been imprisoned without trial in Montreal, for almost one year, under threat of deportation - was served with his "pre-removal risk assessment" (PRRA) by the federal government. By initiating this process, the Canadian government is seeking to eliminate the final barrier to its efforts to deliver Ivan into the hands of the Spanish authorities.

Last month, Immigration and Refugee Board (IRB) Commissioner Louis Dubé issued a deportation order against Ivan. The deportation order is based solely on unproven allegations by the Spanish police. Ivan categorically denies the allegations and has repeatedly challenged the Canadian government to provide any evidence whatsoever to support the claims. Canada has failed to do so. Moreover, the allegations appear to be based on a 'confession' obtained under torture in Spain. While Commissioner Dubé accepted that the confession may have been produced under torture, he nevertheless approved the deportation on the basis of unsupported Spanish claims that part of the allegations came from other sources. (See full decision below.) Under Canadian law, Dubé's decision means that Ivan is ineligible for refugee status in Canada.

Spain is known to use torture on Basque prisoners. Ivan himself would be at risk of torture if deported to Spain. However, it is unlikely that Canada will stop the deportation on these grounds. In a similar case in Vancouver, Immigration Canada refused the PRRA of Basque political prisoner Victor Tejedor Bilbao last month, clearing the way for his deportation. The Immigration agent in Bilbao's case agreed that torture happens in Spain, noting that "there was more than a mere possibility [Bilbao] could experience torture or cruel and unusual treatment or punishment if he returned to Spain", but concluded that Bilbao had failed to show that it was more likely than not to happen to him. What is the life of a couple of people when relations with a NATO ally are at stake?

The PRRA process was initiated despite the fact that Ivan has asked the Federal Court to review the legality of Dubé's decision. This raises fears that the government may be fast-tracking Ivan's deportation for political reasons.  


Press Releases


Letters of Support


Background


Demands

The Freedom for Ivan Sancho Committee demands:

  1. An immediate release of Ivan from detention and immediate freedom for all political prisoners.

  2. A stop to Ivan's deportation and an end to Canadian complicity in the use of torture.

  3. Refugee status for Ivan and an end to the two-tiered justice system for non-citizens in Canada.


Legal Decisions


What You Can Do

At this point, Ivan and his supporters are asking organizations to:

  1. Endorse the campaign demands (above).

  2. Write a statement of support for Ivan in which we also encourage you to speak to the larger political issues behind his situation (Ivan would like this campaign to be explicitly political and to clearly denounce the actions of the Spanish authorities).

  3. Write and if possible gather letters of support from individuals and organizations for the purpose of pressuring the Minister of Immigration and Minister of Public Safety to agree to our demands. You can download a guide to help you write a letter of support here.

  4. Write letters to Ivan (email us at libertepourivan@gmail.com for info).

  5. Spread information about Ivan's case to your networks. You can download the inside of the information flyer here and the outside of the flyer here

  6. If you are in Montreal, get involved in Ivan's support committee!

  7. Be part of the emergency network for Ivan: send a blank email to libertepourivan-subscribe@lists.riseup.net to get on Ivan's email list. If there are any urgent actions, we will be able to inform you immediately.

Access To Books Coalition

The Access To Books campaign, launched in May of 2008, is a coalition of different organizations that reject the lack of access to books, and conditions of detention based on isolation and deprivation.

The Access To Books Coalition has been trying to send Ivan books since February of this year, but becaue of provincial law and RDP prison policy that prevent gifts or packages being sent to people in prison, have not been able to. Further, the RDP prison library closes from April to September, leaving the over 600 inmates, including Ivan, without books or reading material for almost half the year.

Ivan is just one among tens of thousands of people incarcerated in Canada who are routinely refused access to books and reading material. Ivan's case shows how conditions of detention based on punishment and deprivation intersect with a "justice" system that incarcerates people without charge or trial.

Books can mean different things to each one of us; they open a door to multiple new places. For those of us in jail, they are one important way to fill the time. Books are an essential part of my life. Reading helps me to escape from these four walls. When I'm refused access to books, I feel like I'm more a prisoner than ever.

Ivan Sancho, RDP prison, May 15 2008

Access To Books Coalition Demands:

  • To immediately open the RDP prison library and keep it open year-round, as well as all other prison libraries that close for the summer
  • That ALL inmates, regardless of whether they are incarcerated in a pre-trial / pre-sentencing facility or serving out their sentence, whether they are incarcerated in a minimum, medium, or maximum facility, and whether they are in segregation/solitary confinement or not, have access to their prison library.
  • REAL access to books and reading material for ALL incarcerated communities that is of their own choosing.

Peeople to Contact to Pressure

  • Federally

    Stockwell Day
    Minister of Public Safety
    day.s@parl.gc.ca (613) 995-1720

    Keith Coulter
    Commissioner of Corrections
    (613) 995-5781

  • At RDP Detention Centre

    Rocque Levesque
    Warden
    (514) 494-3930 ext.3418

    Aimee LeFrancois
    Librarian & Resource Room Coordinator
    (514) 494-3930 ext.3415

  • Provincially

    Jacques Dupuis
    Ministre de la sécurité publique
    ministre@msp.gouv.qc.ca (514) 747-4050

    Jean Lortie
    Directeur générale des services correctionnels
    jean.lortie@msp.gouv.qc.ca


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