27Dec03-Harold Levy-Suspected terrorist wins fight for shoes
Went on hunger strike, launched lawsuit
In ruling, judge calls him a model prisoner
HAROLD LEVY
STAFF REPORTER
A suspected terrorist who went on a hunger strike to protest frigid conditions in his Toronto segregation jail cell has won his court battle to compel prison officials to provide him with shoes.
Prison officials argued in court that providing shoes to Hassan Almrei, 29, who has been held in a segregation cell at the Toronto West Detention Centre on a security certificate since October, 2001, would constitute a security risk.
But Superior Court Justice Arthur Gans ruled on Dec. 19 that Almrei was a "model" prisoner who could not be seen as posing any security risk "even if he were wearing institution-issued footwear in his cell," and that there was no suggestion that he was violent, dangerous or troublesome.
Gans heard evidence that Toronto West is a "cold faculty" because its floor is concrete and air is constantly being pumped into the cell.
"While certain remedial steps were undertaken in the wake of a coroner's inquiry in 1996 when an inmate was found to have suffered from hypothermia as a result of his incarceration in the (segregation) unit — there was a recurring problem last year in the heart of the winter," Gans ruled.
Guards at the jail testified that it was so cold they wore sweaters and coats during their shifts, particularly at night, he added.
Almrei had told the Star's Michelle Shephard during the course of a more than three-week hunger strike that "I have to sleep, but I can't because I just walk around every night trying to stay warm."
In a footnote to his decision, Gans said that during the course of the hearing, he learned that through an oversight, which has since been corrected, "incredibly" inmates in segregation were not provided with a winter coat "when entering the yard in winter for some air."
Gans ruled that prison officials should have assessed Almrei's particular circumstances before determining that he should be deprived of shoes, instead of arbitrarily removing them, and that he had to consider the fact that Almrei is not facing any charges and has not been convicted of any offence.
Barbara Jackman, Almrei's lawyer, said that jail staff gave Almrei a pair of shoes a week ago — the day after Gans issued his ruling.
Almrei came to Canada in 1999 and was granted refugee status a year later.
It was partly based on his father's membership in the Muslim Brotherhood, a fundamentalist Islamic group, which the government agreed could lead to his persecution if he returned to Syria.
On Oct. 19, 2001, he was detained on a government security certificate.
The federal government alleged he was part of an international document forgery ring with connections to a honey business in Saudi Arabia that U.S. authorities say was sometimes used to funnel money to Al Qaeda.
Part of the case also centred on his association with Nabil Al Marabh, who is currently being held in an American prison on immigration violations but was recently cleared of any security matters or terrorist connections.
Despite the fact that Almrei could face torture in Syria — grounds sufficient to grant him refugee status — an immigration official upheld his deportation.
Jackman said Almrei's detention would be reviewed by the Federal Court of Canada on Jan. 5.
torontostar.ca |
