Mohamed Harkat and wife Sophie Lamarche at a press conference in Ottawa, Dec. 10, 2010. Photo: Sean Kilpatrick
By Sophie Lamarche
What was expected to be the end of a long nightmare and a great end to 2010 turned out to be a disaster. We can’t really put 2010 behind us because our battle continues. On Dec. 9th, 2010, the day before International Human Rights Day and the 8th-year anniversary of my husband Mohamed Harkat’s arrest under a security certificate, the Harkat family, his legal team, and his supporters across the country got a big punch in the guts.
It is one, Moe and I never expected. One, which many never expected! Our family, supporters, groups, unions and legal experts were all shocked at the recent ruling made by Justice Simon Noel from the Federal Court of Canada to uphold the security certificate against Moe.
The certificate was found ”reasonable” under the lowest standard of proof in a Canadian court. This decision was based on secret evidence neither Mohamed nor his public counsels could see or test for national security reasons. All that because CSIS believes, thinks, or assumes that Moe was involved or will be involved with terrorism in the past, present, or future. That position could cover any one of us at any time.
To this day, he still does not know the evidence against him. We have all been kept in the dark for eight years.
Mohamed Harkat was arrested and thrown in jail on Dec. 10th, 2002. He is the only inmate to ever be detained for 43 long months at the Ottawa Carleton Detention Centre without ever knowing why or without ever being charged. That day will be engraved in my mind for the rest of my life.
My mom says she’ll always remember the sound and fear in my voice when I called her on her cell phone after Moe was arrested. I was hysterical; terrorism was such a taboo subject after 9/11, and still is. Who on earth wants to be associated with the word terrorism or allegations related to terrorism?
What I was really after was for the truth to come out. I was never afraid of the truth. I had one look into Moe’s eyes on our first visit in jail, I knew then I had to fight. But between you and me, I knew even before looking into his eyes that he had nothing to do with those absurd allegations. Mohamed has always denied all the allegations.
For three-and-a-half years, I visited my husband in an icy cold or burning hot room behind a dirty thick glass window, with rotten food on the floor or big bugs on the walls, while talking through a broken recorded telephone, surrounded by guards who watched us from every angle for every minute of the visit. And let’s not forget the bad treatment and killer looks before even going in. We were only entitled to two visits per week for 20 minutes, and that’s only if we were lucky to get a ”good” guard who would bring him in on time and then start the phone.
We stared and mimed through glass many times without having a working phone. After waiting for hours to see him, he would be brought (the first year) with shackles around his ankles to his waist and to his wrists. His orange suit was so bright he could probably be seen from space. It seems like he was treated worse than the biggest criminal in this country.
They put him in solitary confinement for the first year, and only took him out for one or two showers per week if he was lucky. He did not have access to fresh air or outdoors for the first six months and was kept in isolation from all the other inmates, without anything to read or to do.
I did not sleep for years. I was always worried for his safety and waiting by the phone for his collect call that often never came. He was the one inmate everyone in prison knew and talked about, but that no one had seen. Everyone there saw him in the newspapers and on TV but he did not. He was kept away from the general population.
We got nothing! The men were basically “kidnapped” from their sections one day only to be transferred in total secrecy. An inmate from OCDC called me collect to say Moe had never returned to his section – this is how I found out about it. The fear was within me once more.
After three-and-a-half frustrating years in detention, Moe was finally released on bail — but the government appealed his bail, of course! I had him back but both he and I became full-time prisoners in our home for the following four years.
I was a jail guard to my own husband and pretty much cut from the outside world. Moe was released under the toughest bail conditions in Canadian history. He could never be left alone in the house or in our yard. We were together every minute of every day, unless another court-appointed surety could ”release” me of my duties for a few minutes or hours.
There were surveillance cameras in our home, our phone was tapped and every conversation was open for CSIS and CBSA to listen to, all our mail was intercepted. We only had three outings per week of four hours each, Moe to this day still wears a GPS electronic tag around his ankle at all times, my computer room is under lock and key, and no cell phones or similar communications devices are allowed in our home.
While out on pre-approved outings, we were followed by between two and six CBSA officers wearing bulletproof vests and carrying guns. Every location and person we were in contact with had to be pre-approved at least 48 hours in advance. This included our newborn nephew and my 80-year-old grandmother.
Many friends and outings were denied, including his own 40th birthday party and our wedding anniversary outing. I took Moe with me when I went to pre-approved pap tests, into changing rooms, and we were forced to use shared family washrooms in public buildings since he could never be left alone.
That was our life for almost four years until, suddenly, the government ordered almost all restrictions lifted in Sept. 2009. Apparently, Moe was no longer a threat. For four years, we were humiliated, degraded and dehumanized in every way possible. Needless to say, when the conditions changed, it was about time, because I was very close to exploding! Many conditions still remain, including the GPS tag and ban on use of a computer and cell phone, but life is different. That’s the price of freedom in Canada!
Life has been a real soap opera for us the past eight years. Many would not believe some of my many stories. Some could not care less. But I always ask them “if you were in my husband’s shoes and you were detained without charge or access to the evidence… would you accept the process???”
No honest Canadian has ever agreed to that. Why should refugees or immigrants be treated differently?
In Sept. 2007, the Supreme Court of Canada unanimously found the Security Certificate process unconstitutional. One for us, zero for CSIS! They had one year to draft a new law that ended up being just as bad the second time around.
The main difference was a cosmetic changed created by adding the position of special advocates who can see some secret evidence, but can never talk with public counsels unless permitted by the court or the accused.
Same old thing, nothing new. The new process is very frustrating and remains as secretive. When the second security certificate was re-issued to Moe in Feb. 2008, the cover letter was addressed to Hassan Almrei.
Mistake number one! Wrong guy? Wrong allegations? Imagine what goes on in the back. Imagine what kind of evidence is presented in secret?
For the record, we know the special advocates do not have access to all material, only what CSIS chooses to release. They also don’t have access for cross-examination of some human sources and informants, only their files. You call that fair? Not only did we lose the reasonableness in Dec. 2010, but also on legal arguments on the constitutionality and abuse of process. Both applications for stay of proceedings were denied. Zero for us, one for CSIS!!!
Before we end this article, let’s talk about the abuse of process done by the hands of CSIS.
They use evidence that comes or derives from torture, their main informant failed a lie detector test, and CSIS failed to tell the court, they listened to solicitor/clients calls for months until they were caught, they destroyed every piece of original material in our case (notes, tapes, intercepts, interviews… everything).
If it were a criminal case, it would not stand a chance.
They raided our home in May 2008, two week before our hearing, in order to find so-called evidence. They sent 16 CBSA officers, three sniffer dogs (normally used for locating currency, drugs and explosives), two OPP and two RCMP officers to guide the dogs. The search lasted over six hours and they took out over 20 boxes of material including my computer, which is in a locked basement and contained all my communications with public counsels.
They searched every inch of our house for evidence, when they already knew or approved everything we ever did (GPS, surveillance cameras, tapped phone, intercepted mail and followed during outings), our house was probably safer than Prime Minister Stephen Harper’s residence.
If that’s not abuse… what is??? If you are still doubtful, may I remind you that the evidence is kept secret for national security reasons and on numerous counts, CSIS was found guilty of deporting people to torture based on baseless evidence.
Will we learn from the past? What is my husband to do? If he does not testify, he will be considered to be the one hiding something. When he does testify, he is called a liar, a terrorist. It’s his word versus the secret evidence, secret files. Goliath versus the whale. His word against a machine, a secret informant, our own Canadian government and CSIS. It’s a loss, loss situation.
What happens next for us? The appeal process is just as unfair and biased as the hearing itself since the very same judge who found the certificate ”reasonable” has to certify a question to allow for an appeal to his decision.
We hope to appeal all the way back to the Supreme Court of Canada so that the whole process is found unconstitutional once again. How many more years of this nightmare? Our plans for the future (kids, work, and a home) have been put on hold again — for how long? An entire family is devastated.
In the meantime, Moe and I live with a huge cloud over our heads every day that reminds us of the possibility of deportation to face imprisonment, torture or death. Canada wants to return him, if they do, they will have his blood on their hands.
On January 21st, 2011 Moe was issued his deportation papers. The letter said he was inadmissible to stay in Canada because he was a threat to the safety of Canadians and for National security reasons. Proceedings are in place. Another big blow. Moe, who has been devastated since December, is having difficulty sleeping, eating and doing day-to-day things without having to worry constantly. He has been seeing a professional for years. He’s in the dark, just like the secret evidence. The battle ahead of us is long and painful. We are grateful to the many supporters who came out on a cold winter day to the building of CBSA to protest their anger and disapproval. Canadian Border Services Agency was so scared of a couple of ragging grannies and tons of media, that they had locked themselves up in their offices and closed all the blinds!
How long will this last, how long will my family be submitted to psychological torture, imprisonment. My country has failed me. I’m ashamed at how my husband and the other men are being treated by the Canadian government.
We continue to fight because of your support. You give us the strength and motivation to go on. We thank our supporters for their love, friendship, dedication and unconditional support.
If you believe in due process, please sign our new statement www.harkatstatement.com
Contact your MP and demand that these men get a fair and open trial so the evidence is made public for all Canadians to see and for the truth to finally come out. We are not afraid of the truth.
Pity and Fear will not get us anywhere. Don’t say silent in the face of injustice. One day it could be you.
Take a stand.
We CAN make a difference!
May justice prevail!
See also: Justice for Mohamed Harkat
Paul S. Graham 