Alleged al-Qaida terrorist finds little time to be alone
Andrew Duffy, CanWest News Service
Published: Monday, June 25, 2007
OTTAWA -- Since he's treated like the most dangerous man in Ottawa, Mohamed Harkat may in fact be the safest.
Men with dark glasses follow him constantly -- sometimes even to the public washroom.
Last week at an outdoor cafe in Ottawa's trendy Byward Market, while Harkat and his wife, Sophie, had coffee with a reporter, two agents of the Canada Border Services Agency (CBSA) were nearby.
"It's a hard way to live," says Harkat, 38, who is alleged by the government to be an al-Qaida terrorist. "It's very stressful for me and my family."
For the past year, Harkat has been the subject of one of the strictest bail packages ever approved in Canada.
He is one of four accused terrorists in Canada recently released on restrictive, British-style "control orders" that amount to modified house arrest.
And with the security certificate law now in a state of limbo -- the Supreme Court has said it needs to be reworked by Parliament -- Harkat and the others face an indefinite period of federal supervision.
Under terms of his release, Harkat must wear an electronic monitoring device; his mail is opened and his phone calls are tapped. His house can be searched anytime by authorities without a warrant. He cannot leave Ottawa. He cannot use a cell phone or computer.
His house has security cameras in front and back that record everyone who enters and leaves. He's allowed three, four-hour excursions every week, in addition to daily walks, but he must be in the company of a court-approved surety at all times, both inside and outside his house.
The government contends Harkat is an al-Qaida operative who poses an "extreme" threat to national security. Indeed, federal officials are still trying to deport him to Algeria -- even though the Supreme Court has said the process which labelled him a terrorist is fundamentally unjust.
The Supreme Court has given the federal government one year to enact changes to the security certificate process to bring it into conformity with the Charter of Rights and Freedoms.
It's expected that Harkat will then be put through whatever new legal process has been approved by Parliament.
Already, Harkat has lived three-and-a-half years behind bars and another full year under what, for Canada, is an unprecedented form of house arrest.
His lawyer, Matthew Webber, concedes the state has the right to protect its citizens, but he says it should not be allowed to do so by imposing conditions that rob Harkat of his basic freedoms.
"Mr. Harkat has been identified, despite my profound doubts as to the accuracy of the finding, as a security threat," Webber says. "But one cannot forget that he is not alleged to have committed any crime: he has not been charged with anything. While restrictions to his liberty may by permissible in law, is it appropriate that his liberty be completely stripped...?"
"There needs to be a more equitable balance struck that recognizes on the one hand, the importance of individual liberty, and on the other, the right of the state to protect its security interests."
But Martin Rudner, director of Carleton University's Canadian Centre of Intelligence and Security Studies, says Harkat's treatment must be understood in the context of immigration law, under which security certificates are issued.
As a non-citizen, Rudner says, Harkat does not have an absolute right to remain in Canada. The Federal Court, by finding that it's reasonable for the government to conclude Harkat is a terrorist, has ruled him ineligible to stay in the country, which means his incarceration and strict bail are reasonable measures of control, he says.
"He is someone who is free to leave the country," says Rudner, "but not free to enter."
Control orders are expensive to administer since they involve regular surveillance, but Rudner believes the government has no good alternative.
"I don't think there's a choice: we are in effect saying that a person is allowed a privileged imprisonment at home because they're not admissible to Canada and they constitute a threat to Canadians.
"Some people will raise human rights concerns, but if the person doesn't like it, they can leave."
Harkat contends he will be tortured if he returns to Algeria, a country which he fled as a political refugee in 1990.
Sophie Harkat fears CSIS and the government can never admit they've made a mistake, which means they will continue to aggressively pursue her husband's removal.
With both sides entrenched, the Harkat case is likely to play out for years to come in the court system. That raises the likelihood that Harkat will have to live under an unprecedented level of government scrutiny for years to come.
It is, by any measure, a strange existence.
Harkat must be in the company of a surety at all times. Three people are approved as sureties, but Sophie Harkat shoulders most of that responsibility.
The conditions are such that if Harkat wants to barbecue in his backyard, which is monitored by a video camera, he must go with his wife. If he forgets the barbecue sauce, he has to go back inside with his wife to retrieve it. If someone wants a drink, they both have to go.
The Harkats' excursions into the city must be approved by federal authorities 48 hours in advance. The Harkats must list every place they intend to visit and the CBSA then issues a list of approved locations.
Living with a security shadow has other peculiarities. The Harkats have been warned not to drive through yellow lights so as not to frustrate the agents following them. They've been on a bus when the driver has been upset by an SU -- the agents -- tailing him through the city's dedicated bus lanes. They've been followed on foot as they've skated down the Rideau Canal.
All of the people who visit the Harkats' home must be screened and approved in advance, even relatives.
canada.com
© The Vancouver Sun 2007 |
