The Zundel hearings are still in progress. Another day -
today - has been added.
John Farrell, the one-time petty thief turned CSIS operative
turned CSIS snitch turned Catholic school teacher, is on the stand. Ernst
told me last night that he had never, in all his experiences in dozens of
courts on several continents, seen such a difficult cross-examination. The
Zundel defense team is brilliant, not giving an inch. The government is
running massive, furious interference, aided by Judge Blais who clearly has
his marching orders from his handlers. Get this: In the middle of this court
day, Judge Blais heard secret evidence - probably a first!
Blais, one-time CSIS boss, hates Farrell, and it shows. Of
course - why wouldn't he? Farrell let the cat out of the bag about the
criminal activities of CSIS. At the same time, Judge Blais must protect his
former turf by having no choice but to protect Farrell - when he'd much
rather wring his neck, we guess.
I am waiting for Paul Fromm to send me a detailed report for
my readers - and my records.
Meanwhile, "Setting the Record Straight: Letters from
Cell #7" is big conversation fodder for the guards at the Toronto West
Detention Center, where Ernst and other so-called "security
certificate" prisoners are being held in inhuman conditions. Many
guards are openly rooting for for the book, hoping it will be a bestseller.
Actually, according to Canadian booksellers criteria, it
already has become a bestselling title - more than 5,000 copies have been
sold, largely on word of mouth alone. Orders are still streaming in.
One of the Arabs, last name Almrei, in the cell next to
Ernst, has received his own copy, courtesy of a not-so-mysterious donor who
paid for it and shipped it, since only paperbacks with an invoice marked
"Paid" are allowed. He loves it. He and Ernst have struck up quite
a friendship on the rare occasions they can share a few words.
Other than Almrei, the Arabs stay away from the Zundel case,
which is a pity. We share the same enemies and could share names,
experiences, and pertinent data. I wrote to Maher Arar's wife - Arar is the
rendition victim who was kidnapped in America while traveling and shipped to
be tortured in Syria. The Arar case has the same CSIS footprint as Ernst's.
Arar's wife seems to be a sharp, courageous lady, who fought hard to get her
husband back. I sent her a copy of Ernst's book and offered cooperation.
There was no response - and only last night I found out that at the very
least, the Canadian arm of their multi-million dollar lawsuit for damages is
in some Jewish-led law firm's hands. Good luck! That explains the
reluctance. That's analogous to making Henry Kissinger the head of the 9/11
inquiry!
Since we are speaking of Abu Ghraib North, here is a
write-up about another CSIS victim, Mahjoub, also held in that hell-hole,
also being verbally abused by state prosecutor MacIntosh whose specialty is
heaping smears on the people he is to convict. This Arab victim was slated
to be farmed out for torture - but apparently "saved" at the last
minute, at least for now.
Mahjoub Spared Torture in Egypt for Now:
Temporary Stay Granted in Deportation of Egyptian
Refugee Held Four Years Without Charge at Toronto's Metro West Detention
Centre
TORONTO, SEPTEMBER 8, 2004 -- A chartered jet was
scheduled to fly Mohammad Mahjoub out of Canada this afternoon and return
him to Egypt and a future of prison, torture, and cruel and unusual
punishment., But that flight was cancelled shortly after 1 pm when a stay
was granted, temporarily preventing this illegal deportation.
A group of relieved supporters, including Mahjoub's wife
Mona El-Fouli and members of the Campaign to Stop Secret Trials in Canada,
noted that although Mahjoub is "safe" for now, he returns this
evening to his solitary confinement cell at Metro West Detention Centre to
continue an indefinite period of incarceration which has been marked by
endless humiliation and abuse.
That ill-treatment was the focus of yesterday's hearing,
part of a constitutional challenge to his lengthy detention. Today's
positive decision on deportation was a bit of an ironic trade-off that
spared Mahjoub the torture of Egypt for the torture of Canada, where being
held over 4 years without being shown a shred of evidence why is torture
enough. Add to that an attempted sexual assault upon Mahjoub, numerous
death threats from guards, lack of access to medical care to deal with
high blood pressure and hepatitis C, rampant racism and anti-Muslim slurs,
and one begins to see that Mahjoub has few choices available to him as his
case slowly makes its way through the courts.
Today's hearing began with a brief bit of testimony from
Deirdre Gilker, the Operations Manager for Removals at the Greater Toronto
Enforcement Centre (GTEC), a deportation factory that splits apart
families on a regular basis to meet its deportation quotas. Gilker stated
quietly that GTEC is prepared to remove Mahjoub from Canada, that a valid
travel document is available, and that the deportation is imminent.
She would not say when and where Mahjoub would depart
from, as this was a "security" concern. She also neglected to
mention that her boss, the immigration department, had concluded in a risk
assessment that Mahjoub would likely face torture upon his return to
Egypt. No, her job is cut and dried: receive a piece of paper with
Mahjoub's name on it, ensure he is "removal ready" (much like a
slab of rotten meat being prepared for the dumpster), and then dispense
with him. No consequences, no moral afterthought, just another day on an
assembly line of misery.
Mahjoub's attorney Barb Jackman asks Gilker if he will be
sent out on a commercial airliner. Gilker says she cannot comment for
security reasons. Jackman counters that "we all know it won't be a
commercial airline -- they won't take these cases," and wonders why
Gilker finds it so difficult to deny this.
Immigration Dept. lawyer Donald MacIntosh jumps up in the
first of numerous over-the-top outbursts today with the point that Mahjoub
is a dangerous guy, as testified to over a year ago when some 60-70 SWAT
team members from Metro Police and the RCMP walked the hallways of the
court with sub-machineguns during a bail hearing. (Of course, no such
security is on hand today, but this escapes Mr. MacIntosh, who seems to
forget such displays, though, rare, are only required once to leave a
certain impression in the public's and the judge's mind.)
His objection is sustained by Judge Eleanor Dawson, and
the arguments for a stay begin. Jackman points out that both sides agree
Mahjoub is at risk if returned to Egypt, and that the assurance he will
not be harmed comes from a general in the Egyptian security force GIS,
implicated in many human rights abuses. "What they have is an
assurance from a torturer that he won't torture," Jackman notes.
She says that since numerous important issues raised by
the Mahjoub file are still before the courts, removing him now would rob
him of the potential justice that he seeks by having these issues dealt
with. Indeed, if he were returned to Egypt, it is unlikely a government
known for major human rights violations would allow him to return to
Canada for future court dates which, if victorious, would result in
Mahjoub being allowed to stay in Canada.
Jackman also quotes from expert testimony and an Amnesty
International document which clearly show the grave risk to Mahjoub if
returned.
MacIntosh rises and, with little reference to relevant
case law, instead goes on what is becoming increasingly common in these
proceedings: a raving rant that makes him sound like George W. Bush on
mega-doses of steroids. MacIntosh claims "separation of families [by
deportation] does not lead to irreparable harm" and cautions the
judge against allowing the best interests of the children to trump other
considerations. He then repeatedly attacks Mahjoub, calling him a liar,
perjurer, a sneaky, devious, dangerous man who seems to have tricked the
"well-intentioned" Amnesty International and who, by calling
himself a devout Muslim, insults the majority of the world's Muslims.
After all, he points out, Mahjoub is [allegedly] tied to
groups that are "seeking weapons of mass destruction." Oh oh,
he's used the WMD word. Last time we heard that, WMD were being denied as
an issue even by the Bush administration, whose own intelligence failures
on the issue are well-known. Like a similar outburst at the hearing of
Mahmoud Jaballah a few weeks back, this is an embarrassing torrent of
empty rhetoric which, as Barb Jackman points out, seems to be issued more
for the benefit of the press than for the benefit of the court.
Jackman points out that there has never been any
conclusive evidence that Mahjoub is any of these things, for the test in a
security certificate is "the lowest standard of proof in the courts.
The test is whether the facts are POSSIBLY true, not even PROBABLY
true."
"The best experts on intelligence went to war and
thousands of lives have been lost in Iraq on evidence that wasn't
true," she reminds the court.
Jackman points out there are numerous alternative courses
for the government to follow, including releasing Mahjoub on strict bail
conditions. Better yet, "if he's such a terrorist, charge him under
the anti-terrorism legislation and show him the evidence. But they haven't
done that because they [the government] don't have a case to prove."
After a half hour break, Justice Dawson returns with her
decision. There are, she says, three issues that need to be addressed in
the application: is this a serious issue, would irreparable harm result
from Mahjoub being deported, and whether the balance of convenience shows
he would suffer greater harm in being deported than the inconvenience to
the minister of Immigration in granting the stay.
Dawson says she is satisfied on all three counts, quoting
liberally from the Amnesty International and expert human rights opinions
which have been offered. She says a denial of the stay would make his
upcoming judicial review of the deportation decision "nugatory,"
so irreparable harm has been established.
"If it appears he will not stay in detention,"
she says, then he must be brought before the court on an urgent basis to
review the stay decision.
It was the conclusion of an emotional two days that began
Tuesday morning, with the continuation of Mahjoub's testimony about prison
conditions. After having argued for a partially closed hearing for his own
protection, he decided instead that he would speak out about those
conditions, despite considerable risk to him at the prison.
"Mr. Mahjoub fully understands the risks he is
taking. It would be his preference not to face those risks," his
attorney John Norris begins, but Mahjoub is concerned that the truth get
out.
He then goes on to detail some of the horrible incidents
which have occurred at the jail. On March 7, 2001, upon returning from
court, he was strip searched, during which he politely asked to keep his
boxer shorts on, as Muslim men are not allowed to appear naked in front of
anyone else.
"The guard exploded with anger, calling me names,
being abusive toward me and my family, and Muslims in general,"
Mahjoub explains. "'You are supposed to be killed, not just you but
all Muslims,'" Mahjoub quotes the guard as saying to him.
Mahjoub tried to describe to the guard what it was to be a
Muslim, about not drinking or taking drugs.
"'I don't give a fuck about your fucking religion,
this is not your fucking country,'" Mahjoub recalls the guard
screaming at him. Mahjoub said he would charge the guard, after which the
guard told him, "People like you should be killed. All Muslims should
be burned." Mahjoub then says the guard pointed to a fellow inmate in
the area and asked the inmate, "How can you live with this fucking
piece of shit [Mahjoub]? I'm surprised you didn't do anything to
him."
Mahjoub made a complaint about this and numerous other
such incidents to the jail authorities, to the Ontario Ombudsman, and
various human rights bodies, but little or no action appeared to have
taken place in response.
Mahjoub freely gave names and badge numbers of officers
involved in these incidents, again a very courageous move considering the
possible retribution he might face back at the jail.
After September 11, 2001, Mahjoub said, "My life was
turned into something like hell. My family also suffered."
On September 14, 2001, one of the female officers told him
to collect his things and led him to solitary confinement, without telling
him what was going on. When he kept inquiring, she became very angry with
him, yelling out that he would be deported to the United States. He asked
to contact his wife and lawyer, but that was refused.
After he eventually met with then security chief Nelson
Cardoza, who reassured him that he would not be deported to the U.S., the
guard was confronted with this information, and denied everything.
In segregation, he was given a "security gown,"
a sleeveless, loose T-shirt which doesn't cover the body properly and
certainly provides no warmth. He learned that such gowns were given to
people on suicide watch.
"I was confused, I was not a violent man or attempted
suicide. If they think these things will prevent a suicide they are
mistaken. These things are meant to destroy the person."
He was kept between 21 and 24 days in solitary, five days
of them in a cell with no lighting and a toilet that flushed only once a
day.
He was taken back to general population but then again
transferred to segregation in December, where he froze, asking for
blankets which never came. Each time he asked why, "I was told
'because you are a prisoner. When you go home you can turn the heat
up.'"
Mahjoub says "it was ridiculous, like a comedy,"
at which he breaks down, requiring time to collect himself. He recalls
having no towel to wash and prepare for prayers (for Muslims, being clean
before prayer is a key part of religious practice), no soap, no
toothpaste, and he had to use his drinking glass to wash his body as well.
He recalls one particularly horrifying incident when,
after being up all night consumed with worry, he finally fell asleep
around 5 am, shortly after which a guard started banging on his door,
screaming obscenities about him and his family, "threatening to kill
me, to slaughter me. He even made the sign of his finger around his
neck" to show what was in store for Mahjoub.
"The sound felt like an earthquake. I jumped out of
bed, I was so frightened, I froze, unable to say anything."
"You are a fucking Muslim terrorist," the guard
told him. "I will kill you, you are a motherfucker goof."
Mahjoub names the guard and says he still works at the institution.
When Mahjoub made a complaint to another guard, he was
told, "You must be dreaming."
As Mahjoub goes through this, I am reminded of what a
palliative care nurse once said about her patients. "Look at the
brow, look at the forehead, see if there's wrinkles there, and if there
are, that's pain."
As Mahjoub gives his testimony, you can see the pain in
his forehead. His eyes dart about as if he is seeking a safe place to curl
up and make the painful memories go away. His brow is deeply furrowed at
times, and he notes there is one incident so severe that he refuses to
discuss it; thelast time he talked about it in court he went through a
month of emotional and psychological trauma. "I felt like a person
who had lost his mind, gone crazy."
He details being sent back and forth to segregation
without explanation. Although locked away for anywhere from 23 and a half
to 24 full hours each day, he says he was strip searched about 3/4 of the
time while held there.
He says one night, December 14, 2003, he was playing chess
in his cell with two other prisoners when he collapsed on the floor in
pain, experiencing double vision, dizziness, sweating, headache. The
others begged guards to get him medical attention. The guards refused to
allow a nurse to enter the cell and check his blood pressure, and demanded
Mahjoub get up and walk out. He was in such pain that he could not move,
so they ended up hauling him out of the cell and dragging him some 100
metres not to the health unit but to solitary confinement. The nurse asked
guards to call 911 to take Mahjoub to the hospital, but they ignored this
request. "You either walk with us or we'll drag you," the guards
said, refusing his request for a wheelchair.
"My head was banging against the guards' feet. One of
the guards said this is not the way to treat an inmate." While the
guards joked that Mahjoub was in fact just upset at the capture of Saddam
Hussein earlier that day, he wound up on the floor of his solitary cell,
screaming in pain and receiving no treatment. He was given no mattress or
blanket, and instead thrown a security gown that remained on the floor
overnight.
One week later, tests confirmed he had Hepatitis C.
During cross examination, government lawyer Daniel Roussy
attacks Mahjoub mercilessly. After Mahjoub reveals he was on a 39-day
hunger strike, Roussy condemns him because it appears he has put some
weight on since coming off the long-term denial of food.
"Would you not agree you have had good medical
help?" Roussy asks him, counting the visits of a number of health
professionals.
"No," Mahjoub responds, pulling out a photo of a
prisoner being dragged at Baghdad's Abu Ghraib prison and stating,
"This is how I was dragged! How can you call this good medical
treatment?"
Roussy insists a prison report says that the night Mahjoub
was dragged to solitary he was "verbally abusive" and
"refused" to get up.
Mahjoub responds that he did not refuse to get up, he
simply could not rise. As for being verbally abusive, there is no report
of disciplinary action or infractions, usually a result of verbal abuse
towards guards. It appears, Mahjoub says, that someone has lied in the
making of that report.
As he goes through the reports, those of us who have been
working on the campaign begin to see an interesting pattern emerge, one
that shows that public pressure works. On two separate dates, Mahjoub says
he was moved, without explanation, out of solitary confinement and back to
thegeneral population. Both dates correspond with demonstrations held by
the Campaign to Stop Secret Trials outside the detention centre.
Mahjoub will likely not receive a decision on his
detention release application until the end of the year, and a date has
yet to be set for judicial review of his deportation decision. In the
meantime, he is relieved about the stay, and bemused that so much hot air
was expended on him by government lawyers today. He wishes to thank those
who have come to court, supported his family, and sent him cards and
letters, and hopes people in Canada will continue writing to Anne Mclellan
to stop the deportation and end his long-term incarceration.
On a related note, charges against four people who were
arrested at CSIS national headquarters last October 31 while
trick-or-treating for secret evidence will be dismissed Friday morning in
Ottawa. After almost a year of requesting proper disclosure from the
demonstration -- everything from RCMP security reports and video
surveillance to CSIS plans for the demonstration and a subpoena for Ward
Elcock, former head of CSIS -- the Crown has said they have no evidence
against us (yah, right) and so charges will be dismissed. Guess CSIS did
not any more bad press...
Members of the Campaign to Stop Secret Trials will be
joined by Christian Peacemaker Teams, Tikkun, and the Canadian
Assdociation of Jews and Muslims this Sunday, Sept. 12 at 1:30 pm in
Toronto at CSIS HQ, 277 Front Street West, for a multifaith march
through downtown Tornto. The event is preceded the evening
before with a CPT benefit at 9 pm at the Reverb (Bathurst and Queen).
(Source: http://www.homesnotbombs.ca/mahjoubgetsstay.htm)
