Abousfian Abdelrazik
From Wikipedia, the free encyclopedia
Abousfian Abdelrazik
Born
August 6, 1962[1]Al-Bawgah, Sudan[1]
Detained at
Charge(s)
No charge
Status
Returned to Canada
Abousfian Abdelrazik (Arabic: أبو سفيان عبدالرازق) is a Sudanese-born Canadian dual citizen. The Canadian federal government would not grant him travel papers and otherwise blocked his return to Canada following his imprisonment in Sudan.[2][3][4] On July 23, 2006 the United States Department of the Treasury designated him as a supporter of al-Qaeda and a terrorist, but he was subsequently cleared in multiple investigations by the Sudanese government, the Canadian Security Intelligence Service (CSIS), and the Royal Canadian Mounted Police (RCMP). On June 4, 2009, the Federal Court ruled that his Canadian Charter of Rights and Freedoms had been violated and ordered the Canadian government to facilitate his return. On June 27, 2009, Abdelrazik flew to Canada. He is only living Canadian on the United Nations terrorist no-fly list[5]. Upon his return to Canada he sued the government for $24-million, and $3-million more for Foreign Minister Lawrence Cannon's alleged, “misfeasance in public office.” Abousfian's situation is similar to other Canadians such as Maher Arar, who have been swept up in anti-terror dragnets post 9/11, and brings into contrast the issues of civil liberties and due process verse national security. There is evidence that he was abused by his interrogators in the Sudan.
Contents[hide]
1 Life
2 Imprisoned and then stranded in the Sudan
3 Involvement of Canadian and American intelligence agencies
4 Formal designation as a terrorist and addition to UN Security council terrorist no-fly list
5 Further attempts to return and judicial decree
6 Return and lawsuits against the federal government
7 External links
8 References
//
[edit] Life
Abdelrazik was born in Sudan on January 1, 1962. He initially trained as a machinist and got married. He was imprisoned for his political views after the 1989 military coup by Omar al-Bashir, and fled to Canada as a refugee in 1990. In 1992 he was granted landed immigrant status. He married a french Canadian named Myriam St-Hilaire in 1994, and they soon had a daughter together. He became a Canadian citizen in 1995.[2] He states, that he was unable to find regular employment once he came to Canada. Muslims who know him have characterized him as a devout Muslim who "often read the Koran to the sick and was paid as a healer". In an interview with Globe and Mail he stated that he has traveled to many places including such countries as Pakistan and Bosnia. He states that he was only involved in humanitarian work, "to help people". He further stated that, "my humanitarian trips abroad were funded by my religious work as a Muslim healer in Montreal and also through donations from many individuals in the Muslim community".[6] Abousfian felt it necessary to state why he didn't list the names of his supporters in a letter to the editor of Globe and Mail,"On the urging of my lawyers...I had earned the money by reciting alms. I had not wanted to invite scrutiny of those who paid me, knowing where guilt by association can lead".[7] In 2000, Abdelrazik voluntarily testified via videolink at the trial of Ahmed Ressam, the "millennium bomber".[2] He testified he knew Ahmed Ressam when he met him at the Montreal's Assuna Annabawiah mosque, widely regarded as a hotbed of Islamic extremism, but had no knowledge of his plans to attack targets in the USA and knew nothing about his whereabouts since he last saw him in Vancouver. In 2001 his first wife died of cancer. While in jail in the Sudan his second wife divorced him. He has an, ex-wife, one son, two daughters, and a step-daughter who live in Canada. He currently lives in Montreal Quebec since he came home to Canada in June 2009.[8]
[edit] Imprisoned and then stranded in the Sudan
In the spring of 2003, Abousfian along with his wife and three children, went to the Khartoum Sudan to visit his sick mother. Shortly after his family returned to Canada that August he was arrested.[9] According the Lawyers Weekly, "documents reveal that Sudanese officials arrested him at Canada’s request".[10] The People's Commission on Immigration and Security Measures claims that Mr. Abdelrazik stated, "he was repeatedly beaten and tortured". In an affidavit this year, he admits to telling his interrogators "what they wanted to hear", whether or not it was true.[11] While in jail his wife divorced him[12] and his Canadian passport had expired.[2] He was released in July 2004 after spending 11 months in prison. His family bought him a plane ticket home but the airlines refused to transport him based on the no-fly list. Sudan then forced him to live in a police owned and monitored house. On Oct 10th. Sudan offered Canada to fly him home on a private plane if the countries share the cost. Canada informs Sudan that it will not share the costs or provide an escort. The People's Commission on Immigration and Security Measures states, that on July 26, 2005, Sudan's Minister of Justice issues Mr. Abdelrazik a formal document exonerating him. We "did not find any evidence'" linking him to terrorism or crime or al-Qaeda".[11] Abousfian was re-arrested in November 2005, and finally released again in July 2006,[8] This led to the UN's 1267 Committee to include him on their individuals and entities belonging to or associated with the Taliban and Al-Qaida.[13] The name Abousfian Abdelrazik appears as an alias.[14] Once out of prison Canada refused to renew his passport, leaving him unable to travel on commercial airlines. Canada went so far as to refuse to allow Sudan to transport him to Canada at their expense on a Sudanese government aircraft. Government aircraft are exempt from the flight ban list which only applies to commercial airlines.[2] The Canadian government could have issued temporary travel papers to get him to Canada, but that would have required Abdelrazik to fly immediately to Canada to qualify.
[edit] Involvement of Canadian and American intelligence agencies
CSIS had been interested in Mr. Abdelrazik since 1999 – and perhaps earlier – when he associated with several other Muslim men believed to be linked to al-Qaeda.[15] The Globe and Mail reports that it has acquired documents in contradiction to previous Canadian government statements that it had not requested Abdelrazik's detention. Their report states the documents they obtained show Canada had requested his detention, in 2003. It states Canadian officials had participated in his interrogation in October 2003. While he was in the Sudanese prison, Canadian diplomat Sean Robertson secretly cabled the Canadian embassy personal stating, "Mission staff should not accompany Abdelrazik to his interview with the FBI", and Sudanese intelligence agents.[16] Abousfian claims to have been interrogated by two Canadian Security Intelligence Service agents.[8] Canadian official Sean Robertson ordered Canadian ambassadorial staff to not attempt to monitor the Federal Bureau of Investigation's (FBI) interrogation, after Abdelrazik had requested that they accompany him to the interrogation since the FBI had threatened that he would "never return to Canada" if he did not confess allegiance to al-Qaeda and name other terrorists.[9] Embassy staff compromised with Abdelrazik and told him they would phone him immediately after the scheduled interrogation was over, but when they called, there was no answer. Meanwhile however, assurances were being given to Canadian Parliament that he was receiving full consular protection.[9]
During a news conference upon his return to Canada, Abousfain made several new allegations. According to Abousfian, CSIS "laughingly" stated that, "Sudan will be your Guantanamo". Apparently a CSIS agent interviewed him before he left for the Sudan and was also his interrogator in the Sudan. During that interview in 2003 it is alleged that, the CSIS agent told him he would "never see Canada again". Abousfian also denied every allegation that the US government has made against him, including the accusations that he: knew Osama bin Laden, fought in Chechnya, trained in Afghanistan, and was a key al-Qaeda operative.[17] Details have emerged due to the media attention to his case. In May 2009 the Globe and Mail published new reports on the role Canadian authorities played in Abdelrazik's apprehension.[18][19][20][21] On October 29, 2009, Richard Fadden the head of CSIS stated that civil-rights advocates and media present a distorted picture of, "terror suspects are too often portrayed as romantic revolutionaries". He was referring to Abdelrazik and a few other accused suspects. He went on to state,"So why then, I ask, are those accused of terrorist offences often portrayed in media as quasi-folk heroes despite the harsh statements of numerous judges. Why are they always photographed with their children, giving tender-hearted profiles and more or less taken at their word when they accuse CSIS or other government agencies of abusing them?...A more balanced presentation is what I'm hoping for."[22]
[edit] Formal designation as a terrorist and addition to UN Security council terrorist no-fly list
On July 23, 2006 the United States Department of the Treasury designating him as a supporter of al-Qaeda and a terrorist, "for his high-level ties to and support for al-Qaeda." According to the Globe and Mail, the U.S. State Department believes, "Mr. Abdelrazik was “closely associated with Abu Zubaydah, Osama bin Laden's lieutenant responsible for recruiting and for al-Qaeda's network of training camps in Afghanistan.” The United States also alleges Mr. Abdelrazik recruited and accompanied a Tunisian extremist named Raouf Hannachi for paramilitary training at a camp in Afghanistan in 1996 “where al-Qaeda and other UN-sanctioned terrorist groups were known to train,” and became personally acquainted with Mr. bin Laden".[1][23] Eight days after he was designated a terrorist, he was added to the UN Security Council terrorist no-fly blacklist by the U.S. and is now the only living Canadian on that list. According to the Globe and mail,"any country can nominate anyone they consider to be an islamic extremest. All his personal assets were frozen once he was put on that list.[11]. According to a letter sent on April 18, 2008, by the Department of Foreign Affairs to Abousfian Abdelrazik's lawyer, the Canadian government requested the UN's 1267 Committee to remove Abdelrazik from its list of al Qaeda supporters.[24] A request was made to the UN on December 10 2007, but was vetoed with no explanation eleven days later, meaning that at least one of the 15 members of the Security Council raised an objection. Canada has stated that it now supports removing Abdelrazik from the list, but has not clarified whether it was the country which originally asked for his inclusion.[25] Critics of the no-fly list have commented that Abdelrazik's status is typical, since in practice it is far easier to be added to the list than removed.[25]
[edit] Further attempts to return and judicial decree
Out of fears for his safety due to growing media attention, on 28 April 2008, Abdelrazik took refuge in the Canadian embassy in Sudan, a situation the Canadian government described as "temporary". Abdelrazik also brought a legal suit against the Canadian government, seeking his return.[26] On April 18, 2008 the director of consular affairs in the Department of Foreign Affairs confirmed that Mr. Abdelrazik, like all Canadian citizens, was entitled to emergency travel documents to get him home. Accordingly, on August 26, 2008, Abdelrazik booked a flight to Canada on Etihad Airways, which was willing to fly him despite the fact that his presence on the U.S. no-fly list meant that any airline which transports him will no longer be able to enter U.S. airspace, thus eliminating most international commercial airlines.[3] His flight was due to leave on September 15, 2008, but Abdelrazik was not able to leave Sudan because Ottawa refused to issue him travel documents. (He was issued a special one-use emergency passport valid for only two weeks after his 2004 release, but at the time could not find an airline willing to transport him.) On April 3, 2009, this letter was received by Abousfian Abdelrazik's lawyer in Ottawa, Canada. Counsel for the Minister of Foreign Affairs, Donna Blois, in a one line letter notifies that the minister has refused to grant an emergency passport pursuant to section 10.1 of the Canadian Passport Order which states: "10.1 Without limiting the generality of subsections 4(3) and (4) and for greater certainty, the Minister may refuse or revoke a passport if the Minister is of the opinion that such action is necessary for the national security of Canada or another country."[27] According to the Lawyer's Weekly, "the government argued that the Charter only guarantees the rights of citizens to enter Canada once they present themselves at the border, and since Abdelrazik is not at the Canadian border, he has no rights.[10]
On March 12, 2009, 115 supporters of Abdelrazik presented a ticket for his flight to the Canadian government after the government withdrew its previous comments about allowing him to return, stating that he needed to have a pre-paid flight ticket, and that any Canadian who donated money to purchase such a ticket could be charged under anti-terrorism legislation. The donors included former solicitor-general Warren Allmand, political science professor at the University of Toronto Joseph Carens, and Canadian peace activist and former iraq hostage James Loney.[28][29]
The House of Commons Foreign Affairs Committee passed a motion requesting Abdelrazik testify before it.[18][30] Member of Parliament Paul Dewar stated the request should require the Government to drop its efforts to block Abdelrazik's return. On May 7 and 8, 2009, the Federal Court heard arguments from Abdelrazik's lawyers, who asked the court to order the federal government to facilitate Abdelrazik's return home. His legal argument was rooted in Section 6 of the Canadian Charter of Rights and Freedoms, which states in part that "Every citizen of Canada has the right to enter, remain in and leave Canada."
On June 4, Federal Judge Russel Zinn ruled the government had violated his constitutional rights and must fly him home before July 7.[31] Judge Zinn's message was tougher. He required the Canadian government to issue an emergency passport and make travel arrangements for Mr. Abdelrazik within 15 days. The judge stated Mr. Abdelrazik, "is as much a victim of international terrorism as the innocent persons whose lives have been taken by recent barbaric acts of terrorists". The Globe and Mail stated, "In a toughly worded 107-page ruling, Judge Zinn pilloried the government's claims of trying to help Mr. Abdelrazik, concluded that Canadian anti-terrorism agents were implicated in his imprisonment in Sudan, denounced the UN terrorist blacklist as an affront to justice and basic human rights and slammed Foreign Minister Lawrence Cannon for high-handedly ignoring due process of law".[32] In response to public demands by opposition parties that Ottawa should stop fighting the case, Justice Minister Rob Nicholson said government lawyers would need time to review the 107-page decision before deciding on a course of action.
[edit] Return and lawsuits against the federal government
On June 18, 2009, Justice Minister Rob Nicholson announced that the Government of Canada would abide by the court's ruling. Nine days later Abdelrazik flew to Canada. In the fall of 2009 he sued the Canadian government for $24-million, and $3-million more for Foreign Minister Lawrence Cannon's, “misfeasance in public office.” The Hamilton Spectator states that according to Justice Minister Robert Nicholson, "the Harper government spent more than $800,000 in legal fees fighting a losing battle to keep Canadian citizen Abousfian Abdelrazik from coming home".[33] Justice department lawyers have claimed Abousfian's lawsuit is meritless because Canadian laws do not apply overseas. The government has characterized the lawsuit as mostly frivolous and vexatious. The government claims that "no such tort has been recognized in Canadian law" that recognizes preventing torture at the hands of others. Abousfian's lawyer stated in response, "I expected the government would approach us about an apology and a settlement, instead they have been entirely unrepentant." The outcome of the case will most likely set several new legal precedences with regards to the Canadian charter of rights. [34]
[edit] External links
Cenre for Constitutional Studies: Abdelrazik Still Stranded in Sudan as Government Fails to Issue Passport
Updates, Press Releases and Action Alerts on website run by supporters of Abdelrazik
Take Action- Canada: clear the way for Abousfian Abdelrazik’s return
[edit] References
^ a b c United States Department of the Treasury, Treasury designates Canadian and Sudanese National for Support to al Qaida, July 20, 2006
^ a b c d e Paul Koring (April 28, 2008). "Terror claims trap Canadian in Khartoum: Marooned for five years, Abousfian Abdelrazik gets $100 a month from Canada to survive, but no passport or clearance to go home". Globe and Mail. http://www.theglobeandmail.com/servlet/story/RTGAM.20080422.wabdelrazik0428/BNStory/National/home?pageRequested=all&print=true. Retrieved 2008-04-25.
^ a b Paul Koring (September 12, 2008). "Ottawa withholding travel papers for Canadian". Globe and Mail. http://www.theglobeandmail.com/servlet/story/LAC.20080912.ABDELRAZIK12/TPStory/?query=abdelrazik. Retrieved 2008-09-17.
^ Paul Koring (September 16, 2008). "Ottawa balks at travel permit for man trapped in Sudan". Globe and Mail. http://www.theglobeandmail.com/servlet/story/LAC.20080916.ABDELRAZIK16/TPStory/?query=abdelrazik. Retrieved 2008-09-17.
^ http://www.theglobeandmail.com/video/abdelrazik-i-never-hurt-nobody-i-never-did-something-wrong/article1300281/
^ http://www.theglobeandmail.com/news/world/abdelraziks-lost-years/article1303360/
^ http://www.theglobeandmail.com/news/opinions/letters-to-the-editor/abdelrazik-no-mystery/article1355167/
^ a b c Brown, Jim. Canadian Press, "Ottawa refuses to help Canadian in Sudan: Lawyer", April 28, 2008
^ a b c Koring, Paul. Globe and Mail, Ottawa denied Abdelrazik diplomatic assistance, November 25, 2008
^ a b http://www.lawyersweekly.ca/index.php?section=article&volume=29&number=2&article=3
^ a b c http://www.peoplescommission.org/en/abdelrazik/timeline.php
^ El Akkad, Omar. Globe and Mail, Montrealer takes refuge in Canadian embassy, April 29, 2008
^ [http://www.un.org/News/Press/docs/2006/sc8798.doc.htm "Security Council Committee Adds One Individual in Al-Qaida Section of Consolidated List, Approves Changes of Information Regarding 25 Individuals"]. UN Security Counsel. August 2, 2006. http://www.un.org/News/Press/docs/2006/sc8798.doc.htm. Retrieved June 23, 2009.
^ "The New Consolidated List of Individuals and Entities Belonging to or Associated with the Taliban and Al-Qaida Organisation as Established and Maintained by the 1267 Committee". http://www.un.org/Docs/sc/committees/1267/consoltablelist.shtml. Retrieved June 23, 2009.
^ http://www.theglobeandmail.com/news/national/article680695.ece
^ Paul Koring (November 25, 2008). "Ottawa denied Abdelrazik diplomatic assistance". Globe and Mail. http://www.theglobeandmail.com/servlet/story/RTGAM.20081125.wabdelrazik25/BNStory/International/. Retrieved 2008-11-25.
^ http://www.theglobeandmail.com/news/national/abdelrazik-pleads-to-clear-his-name-i-want-to-live-like-a-normal-canadian/article1229574/
^ a b Paul Koring (2009-05-05). "Canadian agents secretly interrogated Abdelrazik: Papers obtained by The Globe show officials admitted he was jailed in Sudan at the request of mysterious 'Canadian' authorities". Globe and Mail. http://www.theglobeandmail.com/servlet/story/LAC.20090504.ABDELRAZIK04ART2242/TPStory/International. Retrieved 2009-05-05. "Newly obtained government documents, now in the possession of The Globe and Mail, also show that in a secret briefing to then foreign affairs minister Maxime Bernier, officials admitted as recently as last year that Mr. Abdelrazik had been originally imprisoned in Khartoum at the request of mysterious "Canadian" authorities."
^ "A contradiction to be explained". Globe and Mail. 2009-05-05. http://www.theglobeandmail.com/servlet/story/RTGAM.20090504.weAbdelrazik05/BNStory/specialComment/?page=rss&id=RTGAM.20090504.weAbdelrazik05. Retrieved 2009-05-05.
^ Raphael Alexander (2009-05-05). "More pieces to the Abdelrazik puzzle". National Post. Archived from the original on 2009-05-05. http://www.webcitation.org/query?url=http%3A%2F%2Fnetwork.nationalpost.com%2Fnp%2Fblogs%2Ffullcomment%2Farchive%2F2009%2F05%2F05%2Fraphael-alexander-more-pieces-to-the-abdelrazik-puzzle.aspx&date=2009-05-05.
^ "Abdelrazik questioned by Canadian agents before Ottawa knew his location: report". CBC News. 2009-05-04. Archived from the original on 2009-05-05. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.cbc.ca%2Fcanada%2Fstory%2F2009%2F05%2F04%2Fabdelrazik-csis-report040.html&date=2009-05-05.
^ http://en.wikipedia.org/w/index.php?title=Abousfian_Abdelrazik&action=edit§ion=3
^ http://www.theglobeandmail.com/news/world/article682954.ece
^ "Ottawa trying to get Montrealer off UN terrorist list: report". Canadian Broadcasting Corporation. May 2, 2008. http://www.cbc.ca/canada/montreal/story/2008/05/02/sudan-delist.html. Retrieved 2008-05-02.
^ a b "Trying to get off the UN's terrorist list described as 'Kafkaesque'". Globe and Mail. May 16, 2008. http://www.theglobeandmail.com/servlet/story/LAC.20080516.LIST16/TPStory/TPInternational/Africa/. Retrieved 2008-05-16.
^ "Abdelrazik suing Canada". The Arab American News. May 16, 2008. http://www.arabamericannews.com/news/index.php?mod=article&cat=Canada&article=1043. Retrieved 2008-05-20.
^ http://www.canlii.org/en/ca/laws/regu/si-81-86/latest/si-81-86.html
^ Montreal Gazette, This is a vile way to treat a citizen, March 9, 2009
^ "Supporters defy law, buy plane ticket for Montrealer stuck in Sudan". Canadian Broadcasting Corporation. March 12, 2009. http://www.cbc.ca/canada/montreal/story/2009/03/12/mtl-abdelrazik-plane-ticket-0322.html. Retrieved 2009-03-12.
^ Paul Koring (2009-05-05). "Abdelrazik asked to appear before committee". Globe and Mail. http://www.theglobeandmail.com/servlet/story/LAC.20090505.ABDELRAZIK05ART21422/TPStory/International. Retrieved 2009-04-29.
^ {{cite news url=http://www.cbc.ca/canada/story/2009/06/04/abdelrasik.html title=Court orders Ottawa to let Abdelrazik return to Canada publisher=CBC News date=June 4, 2009 accessdate=June 4, 2009 }}
^ Globe and Mailhttp://www.theglobeandmail.com/news/world/court-orders-ottawa-to-allow-abdelrazik-to-return-to-canada/article1168783/
^ http://www.thespec.com/Opinions/article/653611
^ http://www.theglobeandmail.com/news/politics/ottawa-rejects-abdelrazik-claim-that-csis-knew-he-faced-torture/article1473779/
