ZGram - 9/20/2003 - "September Zundel Hearings" - Part I

zgrams at zgrams.zundelsite.org zgrams at zgrams.zundelsite.org
Sat Sep 20 04:35:15 EDT 2003




ZGram - Where Truth is Destiny:  Now more than ever!

September 20, 2003

Good Morning from the Zundelsite:

It's reporting time from the Zundel-Front again!

On Tuesday and Wednesday, the Bail Hearings continue.  There will be 
a few surprises, we hope!  We have added two Toronto attorneys to our 
team, and there are other plans we hope to actualize.  Stay tuned. 

Meanwhile, to refresh your memory, to give you information ammo to 
send to your lists, and to urge you to support the Zundel battle in 
any way you can, here is the first installment:

[START]

This is the text delivered at a press conference in Ottawa, September 18,
2003 by Paul Fromm in the Parliamentary Press Gallery.  An interview with Mr.
Fromm on CPAC Television will be aired Monday night at 9:00 p.m. 
e.s.t.  Also, Mr. Mark Weber of the Institute for historical review 
will be a guest on the Rense Radio Show at www.rense.com

Canadian Association for Free Expression
Box 332,
Rexdale, Ontario, M9W 5L3
Ph: 905-897-7221; FAX: 905-277-3914

Paul Fromm, B.Ed, M.A. Director

September 18, 2003
For Immediate Release

Indefinite Detention, Secret Hearings, "Mediaeval" Prison Conditions -- The
Fate of Those Held Under CSIS National Security Certificates

	Back in November, 2001, I was in this same room warning of the civil
liberties consequences of the Federal Government's proposed anti-terrorist
legislation, Bill C-36. I wish I could stand here and say, "We were wrong."

	Yes, we must protect Canada from terrorists. However, we must not erase
fundamental civil rights and freedoms in the name of fighting
terrorism.  Canada's fight against terrorism has brought us secret hearings,
deportations with few rights for the accused, and  unlimited detention of
men convicted of  no crime in conditions of deprivation desgined to "break
'em" so that they'll give up their fight.

	In a number of hearings, I've acted as the legal representative of
German-born publisher Ernst Zundel. He is a victim of Canada's
anti-terrorist legislation and a Canadian Security and Intelligence
Serivice (CSIS) that is out of control and is fanatically hostile to him.

	Ernst Zundel, 64,  immigrated to Canada in 1958. He was a 
landed immigrant
here, a successful graphic artist and an employer for 42 years. He
emigrated to the U.S.A in 2000 and married an American citizen, Dr. Ingrid
Rimland. While in Canada, Mr. Zundel published a number of pamphlets that
questioned the establishment historical view of World War II.

	While controversial, he's never been charged or convicted of 
any violent
crime in Canada or anywhere else. In February, Mr. Zundel was picked up for
a minor problem with U.S. immigration law and ordered deported. He is
unable to return to the U.S., where his wife resides, for 20 years.

	Mr. Zundel was deported February 19  to Canada, his place of last
residence. Germany has a warrant out for his arrest under their bizarre law
that criminalizes questioning the establishment account of World War II.
Return to Germany could mean five years in prison for Mr. Zundel.

	Accordingly, he has filed a "refugee" claim. Normally, he would be set
free pending the hearing of his claim.

	However, Ernst Zundel has been held in prison since February 
19. On May 1,
he was served with a CSIS "national security" certificate co-signed by
Solicitor-General Wayne Easter and Immigration Minister Denis Coderre.
Under the amended Immigration and Refugee Protection Act, this is the
equivalent of a deportation order. The only recourse is a hearing before a
federal judge. Unlike other cases which require proof of guilt "beyond a
reasonable doubt" or "reasonable and probable grounds" for a search
warrant, the Crown need only prove that the accusations are "reasonable".

	How is a dissident publisher a threat to Canada's national security?
National security is carefully defined in the CSIS Act as being espionage,
sabotage, sedition, foreign run activities or the use of serious acts of
violence against persons or property to promote one's ideology. The Act
makes clear that protest and non-violent dissent, however controversial,
are not threats to national security.

	The CSIS statement alleges that Ernst Zundel, while not personally
violent, is a terrorist and supports serious acts of violence in Canada or
abroad. The proof offered is laughable hodge-podge of guilt-by-association.
Zundel is a pacifist who has counselled many young hotheads to obey the law
and avoid violence. One such person, George Burdi, testified May 16 that Mr.
Zundel had thrown him out of his house when he caught him writing violent
lyrics on his computer.

	Ernst Zundel believes the certificate  stems from a long 
hostility by CSIS
against him. On the week of May 16, Mr. Zundel  filed a complaint with the
Security Intelligence Review Committee (SIRC), the body that oversees CSIS,
asking that they investigate the shocking information in John Mitrovica's
book Covert Entry, which shows that CSIS knew that the 1995 pipebomb was
coming to Zundel and did nothing to prevent it or to  warn or protect him.
In the book, former CSIS operative John Farrell, who was involved in the
interception of mail headed to Mr. Zundel, was warned by his CSIS handler
twice in May, 1995 not to open any package from Vancoucer addressed to Mr.
Zundel. Later that month, a powerful pipebomb arrived with a Vancouver
return address. Police said, after they detonated the device, that it would
have killed anyone within 100 yards had it exploded.

	Another problem with the anti-terrorist  legislation is that it permits
unlimited detention of people served with a CSIS certificate. On Tuesday,
September 23,  Mr. Zundel is back in court  in Toronto for the sixth day of
a detention hearing before Federal Judge Mr. Justice  Pierre Blais. Mr.
Zundel has been kept in solitary confinement in the Metro West Detention
Centre. Despite having six legal cases to prepare, he is denied pen,
highlighter, paperclips, post-it notes, hardcover books that he needs for
the case, or a chair. Until two weeks ago, he had been without a pillow
since May 16, despite recommendations by a doctor in July that a man of his
age should have one. While recovering from cancer, Mr. Zundel has been
denied access to the herbs and alternative treatments with which he's
self-medicated himself for 30 years.

	On July 30, informed of Mr. Zundel's inhumane prison conditions, Mr.
Justice Blais commented: "Even in medieval times, prisoners were allowed to
use pen and paper," Judge  Blais asserted. "I also have respect for Mr.
Zundel. He is not a criminal. I  think he is entitled to a little bit of
flexibility."  Since then, all Mr. Zundel has received, after extensive
lobbying with provincial and prison authorities, is a pillow.

	Mr. Zundel, a non-violent man, has now spent seven months in 
the sort of
brutal deprivation that would normally only be inflicted on the most
hardened prisoners as punishment for violence in prison. Yet, this sort of
harsh detention has been inflicted on him and others like Egyptian Mahmoud
Jaballah held now for two years under a CSIS warrant.

	Before each of Mr. Zundel's court and detention hearings, the 
adjudicator
or judge has heard secret testimony. The defence has no idea what the
evidence was, who the witnesses were, or even what the accusations are.
This procedure, permitted by the anti-terrorist legislation, cancels the
basic right under Anglo-Saxon common law of the defendant to know the
charges against him, to face his accusers and to challenge their evidence
in order to make a full and complete defence. This procedure would also
seem to violate the ruling of the Supreme Court of Canada in the Chiarelli
case.

[END]


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