Mohamed Harkat should never be deported to torture

I first heard about the case of Mohamed Harkat in December 2002. It was a dark time for me and my family. My husband, Maher Arar, was detained in Syria; I had become a single mother with two young children, living on social assistance. The whole world was swept with anti-terrorism policies: if you were an Arab Muslim man, you would be at high risk of racial profiling, interrogation and eventually deportation to torture.

I learned about the case of Mohamed Harkat when I saw his wife, Sophie Harkat, on the front page of the Ottawa Citizen, making an emotional plea for the release of her husband. I immediately felt a sense of sympathy for her. I felt we were fighting a similar battle. We were two women caught in the legal aftermath of 9/11, trying to bring justice to their loved ones, but surrounded by a wave of suspicion and a climate of fear.

Mohamed Harkat was arrested in front of his home in Ottawa under a security certificate. At the time, very few Canadians would have known about the controversial procedure that allows two cabinet ministers to sign a certificate ordering the deportation of a refugee or permanent resident out of Canada. This measure existed before the events of 9/11 and before the new national security legislation that followed. Nevertheless after 9/11, it became the tool par excellence to order the deportation of those deemed “dangerous” terrorists or sleeper agents. The security certificate is supposed to offer ministers a speedy way to order the deportation of an alleged terrorist. However, since 2002, these measures have been proven — through several court decisions and long public campaigns — problematic at many levels.

Mohamed Harkat’s case proved that as well. After his arrest, he was detained for a year in solitary confinement, then transferred to “Guantanamo North,” the Millhaven prison built at the exorbitant cost of $3.2 million specifically to house Arab Muslim men detained under security certificates. When Harkat was released from prison, he was put under house arrest with conditions considered to be the strictest in Canadian history. As Sophie Harkat mentioned in public speaking appearances, during this time she became her own husband’s de facto jailer, responsible for making sure he didn’t use the internet or drive outside the designated perimeter without the knowledge of Canada Border Services agents.

After 16 long years fighting his security certificate, today Mohamed Harkat is still threatened with deportation to his native Algeria. The secret evidence that led to his arrest has been destroyed by Canadian Security Intelligence Service, the informants used in this case were never cross-examined, and we learned through court proceedings that some of that “evidence” was collected through a suspect named Abu Zubeydah, who is still detained in Guantanamo Bay and who was waterboarded 83 times and subjected to torture such as sleep deprivation, forced nudity, and confinement in small dark boxes.

Mohamed Harkat escaped Algeria in 1990, at the start of the civil war that ravaged his country of birth for over a decade. He left to live in Pakistan and later came to Canada as a refugee claimant fearing for his life if he returned to Algeria. His arrest and subsequent imprisonment and treatment in Canada make him a perfect candidate for immediate arrest and detention in Algeria if deported there by the Canadian government.

According to Amnesty International, Algerian authorities “took no steps to open investigations and counter the impunity for grave human rights abuses and possible crimes against humanity, including unlawful killings, enforced disappearances, rape and other forms of torture committed by security forces and armed groups in the 1990s during Algeria’s internal conflict, which left an estimated 200,000 people killed or forcibly disappeared.”

So why does the Canadian government want to send Mohamed Harkat back to Algeria? Do they want to turn him into another “disappeared” man?

After the Supreme Court of Canada deemed security certificates unconstitutional in 2007, Canada’s new security certificate legislation was modelled on the British system. Two years ago, the British government was barred from deporting six Algerian men suspected of having links with Al-Qaida to Algeria over concerns of torture.

Despite what British government lawyers qualified as “agreements with Algeria against torture,” the Special Immigration Appeals Commission ruled that “potential future political instability in the country could undermine the assurances’ longevity.”

Why is Canada following the British model for security certificates yet turning a blind eye to decisions coming from that country — decisions that would help keep Mohamed Harkat in Canada, away from torture?

Prime Minister Trudeau and his government are under a lot of pressure from the Conservatives, who are trying to paint them as soft on terrorism. This is not new. The Conservative government has taken a hard line on terrorism — and anyone suspected of having links to it — in the past. They did it when they passed sweeping anti-terrorism legislation in 2015, they did it when they refused to repatriate Omar Khadr from Guantanamo, and they do it today on the issue of the return of Canadians who travelled overseas to fight in Syria. History has proven them wrong. Prime Minister Trudeau shouldn’t bow to this political pressure. Mohamed Harkat has suffered enough. His place is in Canada. He should never be deported to torture.

This column was initially published at rabble.ca

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The othering of immigrants in Canada

This summer, I was a writer in residence in the Marpole community of Vancouver, B.C., at the Historic Joy Kogawa House. It is a privilege to be in a place that saw some of the childhood years of one of the most important literary figures in Canada, the poet and novelist of Japanese descent, Joy Kogawa. Unfortunately, during the Second World War, that same house saw its confiscation from the Kogawa family by the Canadian government. A similar fate awaited other houses, properties, boats and farms belonging to Japanese Canadians after the Pearl Harbour attack. Joy Kogawa and her family, along with 22,000 Canadian Japanese, were banned from living anywhere within 100 miles of the Pacific Coast and were forcibly sent to internment camps throughout B.C. and other parts of Canada. In the case of Joy Kogawa and her family, they were interned in the small town of Slocan, in the Kootenays.

That decision, which by today’s standards seems arbitrary and unfair, was actually perfectly “legal” — approved by Canada’s Parliament, the country’s main newspapers and a majority of Canadians. Not only was it approved, further steps were even taken to protect the “homogeneity of Canadians.” This extra zealous attitude manifested itself in fundraisers organized in the Marpole community, where a flag harbouring the Union Jack was used by neighbours as a fundraising tool in the war and post war efforts, as a symbol of the British homogeneity of the neighbourhood. These seemingly innocent popular and populist actions fed and reinforced the “othering” of Japanese Canadians.

One of the main arguments used at that time by the government was one that I, as a Muslim immigrant after 9/11, came to know very well. National security. Basically, Canadians who happened to share the same language, culture and physical features (and in most cases those were the only common factors) as the enemy from Japan at war against the allies, came to automatically represent a threat to the security of the rest of Canadians. Their loyalty was constantly questioned to the point that their physical presence became a source of concern for law enforcement, security intelligence, politicians and by extension, the Canadian public. Based solely on their origins or the origins of their parents, these Canadians were categorized as “enemy aliens” under the War Measures Act.

What I found worth noting in this sad story is that the horrible suspicion, later followed by the forced repatriation, internment and evacuation of Japanese Canadians, didn’t happen overnight or in the heat of the action during the Second World War. The “othering” of Japanese Canadians started as early as the late 19th century when the first Japanese fishermen started immigrating to B.C. A feeling of resentment was already very common, seen in accusations of these new immigrants “stealing jobs” from the rest of the population. And those feelings of fear, suspicion and resentment didn’t cease. They led to violent riots in 1907 and culminated in the internment, dispossession and uprooting of Japanese Canadians. When the atomic bomb was dropped in Nagasaki on August 6, 1945, then prime minister Mackenzie King wrote in his diary: “It is fortunate that the use of the bomb should have been upon the Japanese rather than upon the white races of Europe.”

Many today would argue that he was a man of his time and that he was just expressing relief amid the horror of the war. I am not convinced.

What about today’s politicians who are once again raising the spectre of fear around immigrants and urging for actions to maintain “social harmony”? It reminds me terribly of sour stories from the past.

A recent survey released by Angus Reid showed that people in B.C. (and pretty much across Canada) are afraid of immigration. It showed that about half of the respondents (49 per cent) “think immigration levels should be decreased (compared to 36 per cent in 2014),” whereas about a third of them (31 per cent) “think levels should stay the same (compared to 48 per cent in 2014),” and only a mere six per cent “think levels should be increased (compared to nine per cent in 2014).”

Executive director of Angus Reid, Shachi Kurl, was very cautious in her interpretation of these numbers that I personally, as an immigrant, found very troubling. She said that “it’s hard to tell whether political discussion around immigration is driving public opinion, or vice versa,” basically making it into a chicken and egg dilemma.

It doesn’t matter who started it first: both are feeding into each other’s false rhetoric and the consequences are scary and real. The stories of Joy Kogawa’s family and other communities facing discrimination across Canada’s history are not over. Personally, I live in their shadow. For me, there is no doubt that fake news journalists as well as certain politicians are stirring this highly dangerous pot. On the other hand, what could be described as valid and legitimate socio-economic questions and concerns (for instance, unaffordable housing in Vancouver) raised by citizens are dangerously exploited by media and politicians. They portray the “Other” as the main culprit behind these complex questions and thus point to the “Others” as the evil force driving the vertiginous price increase of the housing market or stealing the jobs of Canadians.

No matter who started it first and no matter who is taking more advantage of this xenophobia, one thing is for sure — it won’t take us anywhere better. I am not trying to say that what happened to Japanese Canadians is a real possibility for other groups of immigrants in Canada today. Nevertheless it is clear to me that at least 49 per cent of Canadians haven’t learned from the story of Joy Kogawa and her family.

The “othering” of groups and communities, in this case immigrants, always starts somewhere but then moves quickly like a snowball and soon nobody is able to stop it. This is why people today may look back at sad historic events and ask themselves: “How did these horror stories happen?”

This article was initially published on rabble.ca

The torturers’ bargain: Crime and no punishment, but many rewards

Despite being deeply implicated in some of the worst crimes of the Bush administration’s torture regime, Gina Haspel has been promoted to Director of the CIA.

Haspel managed the CIA’s Site Green detention camp in Thailand, the blueprint for the rest of the Agency’s “black sites” around the world: a matrix of secret prisons where the captives could be brutalized with impunity.

Black site detainees were broken physically and psychologically; kept naked, beaten, hooded, waterboarded, threatened with electric chairs and military dogs, sexually abused (including through medically unnecessary rectal feedings so forceful the effects resembled those of violent rape), locked in boxes filled with insects, and forced to lie in their own excrement. One lost an eye, at least two died, and many hallucinated or begged to be killed.

Even more damningly, it turned out that almost one-quarter of the detainees had been sucked into the CIA’s system of black holes completely by mistake, according to the U.S. Senate Intelligence Committee.

One of the prisoners over whose torture Haspel presided, Abdal Rahim al-Nashiri, was described by a U.S. Navy reserve doctor as “one of the most severely traumatized individuals I have ever seen … in my over 20 years of experience treating torture victims from around the world, including Syria, Iraq, and the Democratic Republic of Congo.”

The prohibition of torture in international law is universal and absolute, and the UN Convention Against Torture requires all forms of involvement in it to be criminalized. But instead of being punished, many of the officials responsible for America’s torture program have been advanced to positions of even greater power — a tradition started by Presidents Bush and Obama, and now extended by Donald Trump.

Government lawyer Jay Bybee, for example, who helped construct the legal framework used to justify torture, was given a lifetime seat as a judge on the Ninth Circuit Court of Appeals.

Bybee’s co-architect of legalized torture, White House Counsel Alberto Gonzales, was elevated to U.S. Attorney General.

Former Deputy Secretary of Defense Paul Wolfowitz, who approved the torturous interrogation techniques employed at Guantanamo Bay and Abu Ghraib, went on to become President of the World Bank.

John Brennan, who endorsed extraordinary rendition and torture as a CIA official during the Bush years, was appointed first as White House Homeland Security Advisor and then as CIA Director by Barack Obama.

George Tenet, who authorized and directed the use of torture as Director of the CIA, received a Presidential Medal of Freedom from George Bush — while Bush himself is now being memorialized in nostalgic hindsight as Trump’s contrast in presidential virtue and restraint, rather than his precedent in lawless brutality.

In Canada, too, individuals complicit in torture have long been rewarded instead of removed.

For instance, psychiatrist Donald Ewen Cameron — who conducted electroshock experiments on humans at McGill University in the 1950s, for a CIA-funded project on mind control — ascended to President of the World Psychiatric Association.

More recently, the O’Connor and Iacobucci Inquiries determined that Canadian security agencies wrongfully labelled four innocent Muslim men as terrorists on the basis of racist stereotypes in the wake of 9/11, and then took advantage of their resulting incarceration in countries infamous for torture to try to extract information out of them.

But none of the authorities inculpated have been prosecuted. On the contrary, several were promoted — among them Mike Cabana, the inspector in charge of the RCMP’s torture-enabling A-O Canada investigation, who climbed the ranks to Deputy Commissioner; and Stephen Covey, the RCMP’s liaison with the torture-mongering Syrian regime, who became a Superintendent.

At least three of the participants in the torture scandal, including Cabana, were subsequently honoured with the Order of Merit of the Police Forces for “exceptional service.”

Giuliano Zaccardelli — who was pressured to resign from his post as Commissioner of the RCMP after lying to a parliamentary committee about the torture of Maher Arar — was given a senior position in Interpol, the global police force.

Last month, Kelly Pocha was fired from her job in a British Columbia car dealership, following outrage about her racist tirade in a Denny’s restaurant denigrating a group of Muslims as “not Canadian” — while the planners and executors of a global system of abuse designed to treat scores of Muslim detainees as non-human have not only been spared punishment, but permitted to rise to the heights of institutions entrusted with enormous amounts of power.

The logic required to rationalize the apparent paradox — the bigger the scale of the transgression, the smaller the penalty — can only be described as tortured.

This article was written in collaboration with the legal analyst Azeezah Kanji and first published at rabble.ca

When it comes to Palestine, many Canadian politicians are silent

In June 2009, I joined a delegation of Code Pink to visit Gaza. The main purpose of our delegation was to build playgrounds for the children of Gaza after Israel’s brutal aerial, naval and ground attack named Operation Cast Lead. It was estimated that 1,400 Palestinians were killed by Israeli security forces. Schools, hospitals, universities and a major part of Gaza’s infrastructure was destroyed. The ultimate objective of our delegation was an attempt to break the siege imposed since 2007 by the Israel government on the Gaza strip — a densely populated 365 square kilometres where 1.8 million people live, many of them in precarious conditions.

Our delegation was composed of U.S. human rights activists, mostly women, and a few Canadians. We were motivated by our quest for justice and our will to see with our own eyes the conditions Palestinians were living in after the devastation caused by the military operation. Armed with patience but mostly a lot of good luck, our delegation was able to cross the Gaza border with Egypt, another country complicit in maintaining this unfair and humiliating blockade.

Since then, two other brutal military operations (Operation Pillar of Defense in 2012, Operation Protective Edge in 2014) targeted Gaza, and the humanitarian crisis has deepened. Last week, on March 31, Palestinians from Gaza gathered along Israel’s borders for a “Great March of Return” to demand that refugees obtain rights to return to their land. It is a symbolic but strong move, expected to continue until May 15, the commemoration of the Nakba, when Palestinians were expelled from their homes in 1948. Israeli soldiers responded to these demonstrations by firing live ammunition and killing 17 Palestinians and injuring more than 700 hundred people. Israel claimed that the protesters killed were either violent and part of Hamas.

Last December 2017, when Donald Trump decided to move the U.S. embassy from Tel-Aviv to Jerusalem, Canada issued a statement where it described itself as “a steadfast ally and friend of Israel and friend to the Palestinian people.”

One assumes that if a state is an “ally and friend” with another state, both offer condolences to each other in times of tragedy and share “good advice” or at least “restraint in using force” if an “ally and friend” has fired on demonstrators, killing 17 of them and injuring more than 700.

But this is only if the “ally and friend” is not named “Israel” and if the victims of the military operation are not named “Palestinians.” So Canada sheepishly didn’t say anything to its “friend and ally” and once again let down the Palestinian people.

This position — choose what you’d like to name it — of “cowardice” or “self-censorship” or “who really cares,” not only defines the action or inaction of the Canadian government in general, it also applies to individual members of Parliament, who in a democracy are supposed to enjoy freedom of opinion and some sort of immunity to speak their minds. But, once again, apparently this applies only to “some issues” and to “some countries” and not when it comes to Israel and the Palestinian people.

Last year, when a simple “harmless” motion, M-103, that led to another “harmless report” with no serious recommendations regarding Islamophobia was presented in the House of Commons to study the extent of Islamophobia in Canada, many members of Parliament were panicking, speaking out, and raising the spectre of the loss of freedom of expression and a creeping sharia invading Canadian streets. They were claiming that people should be able to criticize everyone — even Muslims and Islam. Over and over, we heard the argument that “no one is above criticism, we are a free country.” No one or maybe except when you kill 17 people and they happen to be Palestinians, then freedom of expression isn’t used — it is replaced by silence.

Even our Foreign Affairs Minister Chrystia Freeland — whose spokesperson explained her silence on the U.S. moving its embassy to Jerusalem with the reason, “The minister does not make statements about world events before they happen” — didn’t say a word about the killing of 17 Palestinians by the Israeli army.

However, Minister Freeland was eloquent in speaking out about the expulsion of four Russian diplomats from Canada, because of the alleged Russian poisoning of an ex-Russian agent and his daughter in Britain. There is not an investigation into the poisonings yet, no report yet and still she was quick to take strong actions and words. But on the killing of Palestinians, despite the flagrant casualties, the pictures on social media, the dead bodies shot by the bullets, the denouncing of Amnesty International and Human Rights Watch, she kept silent.

In about a year, there will be a federal election. I really hope that Canadians will remember this troubling silence and think of the MPs that communities worked so hard to elect, the ones they distributed flyers for, the ones they went door to door to help elect, the ones they helped to raise funds. These hard-working communities should remember how their MPs reacted during these moments of tragedies. Did they react with silence or did they stand up for justice, even with a simple word? I am not saying that federal MPs should be elected solely on a single issue, in this regard their positions on Israel-Palestine. But rather, these positions are very eloquent. Sometimes silence is more telling than words.

This article was originally published at rabble.ca

The troubling silence of the “Sheikhs” about the fate of Tariq Ramadan

I stopped going to the Revival of Islamic Spirit (RIS) years ago. I found the event super commercialized, and less and less intellectually challenging for me.

It became a big fair of many self-proclaimed sheikhs who are carefully chosen and who lined up according to certain criteria that is more linked to their gender, celebrity and popularity status.

Those same scholars were more interested in the pursuit of their “religious careers” and the building of their “fans club”. The topics were ascepticized, superficial and the speakers were very careful in the choice of their talks so as not to ruffle any political feathers.

Aside from few speakers, the majority would come there and maintain a very shallow and fluffy talk about good manners, good behaviour, and most of all would avoid criticizing or denouncing unjust policies in a North American context or in the Middle East where a large part of the audience is originally from.

Not a single word about Guantanamo, not a single word about the dictatorship of the Gulf countries. No fiery political speeches, no thought provoking conversations. Just a preacher and good listeners who would come back home feeling good that they spent few hundred dollars on a hotel package and entrance fees. This is of course not to mention the shopping discounts of boxing day (the event usually takes place during Christmas period).

One of the rare speakers at RIS who defied these almost implicit rules was Tariq Ramadan. He challenged the audience with his opinions. He stopped them when they were trying to clap when he said something appealing, encouraging the crowd to be rather rational instead of emotional.

In 2014, he rightly decided to stop participating in this big fair of “halal entertainment”. My understanding of the rational behind his decision is the problematic positions of some invited “sheikhs” who kept silent, or even worse, sided with the counter-revolutions of the Arab Spring.

Indeed, in 2011, when the Arab Spring traveled from Tunisia to Egypt, to Libya, to Yemen, to Bahrain and to Syria, a new era was about to open in that region. An era of fearless populations who were ready to put an end to dictatorship and arbitrary rules, the start of an era towards building a new life full of dignity.

No wonder that one of the slogans branded at the numerous demonstrations that went through the streets of Sidi-Bouzid in Tunisia or Dara’a in Syria were “The people want the system to fall”. The “system” (or the regime) means the government running these countries and the corrupt regime suffocating the lives of all the citizens.

This new era wasn’t accepted with wide arms by all. It was actually stopped with arms and blood. Among the countries that were so frightened of the changes were Saudi Arabia and the United Arab Emirates. Both of them, with a long history of oppression and flagrant absence of civil society, had a lot to fear from this change that not only threatened their thrones but “the system”.

The whole world watched these political and social changes unfold. Youth were especially excited and optimistic. Many of the societies of these countries were composed of young population with no serious opportunities like jobs or even mariage prospects.

During this period of turmoil, very few “sheikhs” sided with the change. To the opposite, many of them sided with the statu-quo, reminding the youth of the importance of obedience of the parents and of “those who are in charge of their lives”, aka the “system”.

At the RIS, the year after the start of the Arab Spring, nobody spoke about the events in those countries. Only Tariq Ramadan did. He even wrote a book about it. Even though, I disagreed with some of his opinions about few matters, I still thought that his voice was needed and relevant. The whole world was anxiously watching the change, so why shouldn’t he be speaking and discussing it.

But the RIS organizers invited the “Sheikhs” who are officially close to the United Arab Emirates or other similar monarchies. These “Sheikhs” kept silent about the tragedies happening in the Middle East and the dawn of change that was stopped with a fierce military intervention in Bahrein and Egypt and with literally bloody wars in Yemen, Libya and Syria.

This was a shameful and problematic position. The history wouldn’t forgive whoever sided with the oppressors. The “sheikhs” who are supposed to have a duty to support the oppressed and speak out for their rights, sheepishly took the side of the oppressors, the one who has the money and power, basically they sided with the “system”. I am so glad that Tariq Ramadan was not like the “Sheikhs” and that he decided to stop attending what became like a “circus”.

Today, Tariq Ramadan has been accused by three French women of violent rape. In France, he was interrogated by the police and subsequently preventively arrested. For the first days of his incarceration, he was in Fleury-Mérogis, an infamous French prison where many French Muslim suspects of terrorism have been held.

This is a highly symbolic gesture by the French legal system. It is intended to humiliate one of the most known public Muslim figures. But his treatment went beyond this mere symbolism. He was denied family visits for 45 days. His medical treatment was not proper and adequate. On the other hand, his accusers were given a platform to go to all popular TV shows and tell their stories. He was kept in prison in total commnunicado.

This case came in the aftermath of the #MeToo movement where the women are supposedly liberated so they can confront their harasser and raper. In the case of Tariq Ramadan. There was no confrontation. There was one side talking about their stories and the other side was silenced. The whole principle of the rule of law was denied to him. Worse, today, we are hearing from the lawyer of Tariq Ramadan, that even the versions of some of these women have been questionable and very problematic, to say the least.

Meanwhile, faced with this complex case, the “sheikhs” who are usually very quick in condemning every thing from terrorism to bad muslim manners, have been utterly silent. An uncomfortable silence. Usually they are very prompt to have an opinion on every thing including what you wear, who you marry and what you eat. But when one of the prominent and intellectual voices from the Muslim community, whether we agree with him or not, is silenced, is denied due process, is humiliated by being transferred from one prison to another, they have nothing to say.

Actually, for me, their silence means a lot. It means that they have no intellectual courage to defend the “Right”. And we aren’t here defending Tariq Ramadan the person, as it is not our purpose. The courts can do better jobs, at least we still hope so. But we are defending every one to be treated with dignity. From terrorist suspects to any other accusations, be it allegations of rape after the #Metoo movement. Anyone has the right to defend himself. And those who are looking for the spotlight in the RIS or any other “halal entertainment” event, and would keep silent about Tariq Ramadan have miserably failed the test of the integrity.

But here’s what they don’t get: Today is Tariq Ramadan, tomorrow, it will be them.

Our society’s double standards in the application of due process

We live in a strange era. An era of deep polarization of views. An era of flagrant contradictions. An era of erosion of principles of justice.

My husband, Maher Arar, a Canadian citizen born and raised in Syria, faced a public trial in 2002 while he was the victim of extraordinary rendition initiated by U.S. authorities with the complicity of Canadian law enforcement as well as Jordanian and Syrian authorities, official and de facto allies of the U.S. war on terror.

When my husband was given a paper in his U.S. cell stating that he had been arrested because of his alleged association with Al-Qaeda, he didn’t get a lawyer or day in court. He was transported in the middle of the night to an airport where a private jet, known as a ghost plane, flew him to Amman, Jordan. But many people in Canada believed that the U.S. couldn’t be mistaken, people who included politicians, journalists and regular Canadian citizens.

When former U.S. president George W. Bush infamously said in 2001, “you are either with us or with the terrorists,” he knew that many people would fall into the new fault line he created. Indeed, despite many disagreeing with Bush, many also listened to him. He created a clash of civilizations, and in a way he succeeded.

If Twitter and Facebook existed at that time, I have no doubt there would have been campaigns calling my husband a terrorist and demands to keep him in Syria to “rot with the terrorists.” Actually, even without social media, those “calls” were relayed by politicians, and journalists and media.

Amidst all this confusion and cacophony, one thing saved my husband: the principle of due process. Not that it was offered to him — I fought with supporters to bring it back to him.

I kept telling people around me that if my husband was guilty of any wrongdoing, he should be brought back to Canada and face justice. Deporting him to a Syrian prison and keeping him there wouldn’t serve any justice.

The notion of due process allowed the most skeptical to listen. Applying the argument of due process to a “suspected terrorist” helped my husband escape a possible death and a very likely life of torture and misery in a Syrian gulag.

There are two direct and serious implications of the 9/11 attacks. The first is the justification of torture as a tool for extracting information from Muslim suspects, with the normalization and “branding” of the ticking bomb scenario by the likes of Alan Dershowitz. The second is the entrenchment of the “war on terror” narrative in public discourse, leading to the disappearance of the principle of due process for Muslim suspects.

From the moment the suspect is arrested until the time he faces the justice system, he has already been tried in the public arena by politicians, journalists and pseudo experts, who most of the time make speculations that are presented as absolute truth. When the time comes for a trial, public opinion has already chosen its side: usually incrimination of the terrorist suspect.

When Hassan Diab, a Canadian citizen suspected of participating in the 1980 bombing of a synagogue in Paris, was arrested in 2006, the notion of due process was not held up for him.

For many, he was already considered guilty. His descent as a Muslim Arab from Lebanon made him a culprit before getting a fair and open trial. Even when a Canadian judge in Ottawa examined the extradition demand from Canada to France, and admitted that the evidence were shaky and flimsy, he still ruled for his extradition. Many blamed it on our extradition laws. They claimed that the judge had his hands tied by the low threshold for extradition in Canada. I concede that point. But not totally. I would argue that the whole anti-Muslim, anti-Arab climate paved the way for such a decision. Why do we gamble with the innocence of someone who has everything working against him, for whom public opinion is shaped by the narrative of terrorism and being “either with us or the terrorists,” and judge him guilty or just ignore his plight?

Today, even the #MeToo movement seems affected by this terrorism fault line.

On the other side of the Atlantic, Tariq Ramadan, a prominent, Swiss-born theologian and scholar of Islam, was accused by two French women of rape. Despite going on his own volition to the police and being cooperative with the investigation, he was immediately arrested and put in prison without even visits from his family. Clearly, due process wasn’t deemed necessary in this case. In my opinion, his ethnic background and religion stripped him of this legal principle. His legal and media treatment today is very similar to what Muslim terrorist suspects would receive. Even his incarceration in solitary confinement in Fleury-Mérogis prison is highly symbolic since this is a prison where many Muslims suspected of terrorism have been held, including Hassan Diab.

Yeas ago, Dominique Strauss-Kahn, former head of the International Monetary Fund and poised at the time to be a strong candidate for the French presidency, was accused by a Manhattan hotel worker of sexual assault. Many of his social and political connections stood by him, defended him publicly and claimed that his sexual misconduct (and other later discovered crimes) were a sign of his virility and sex appeal. Later he was acquitted of all accusations of pimping, rape and sexual assault, and now some even speculate about his political comeback.

In 2012, Glen Greenwald, wrote a book entitled With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful. In the book, Greenwald focuses on cases of financial fraud, domestic spying and torture in the U.S. and how some corporations and individuals are evading justice and accountability because of their power and money. Today, the same can be seen not only in the U.S. but also around the world when it comes to terrorism or sexual accusations. Your ethnicity, religion and social status will determine whether the same legal principles are applied to you.

This article was already published at rabble.ca

Islamophobia continues to fester in wake of Quebec City mosque shooting

On January 29, 2018, Canada will commemorate the first anniversary of the horrible and shocking killing of six Muslim men, shot by Alexandre Bissonnette in a Quebec City mosque.

Beyond the unanimous condemnation last year (rightly so) of such a violent and terrorizing act by politicians from all level of governments, I believe that nothing was achieved in fighting Islamophobia and stopping the wave of hate sweeping across Canadian cities.

Even the recent symbolic proposal to declare January 29 an official day of remembrance, initiated by more than 70 Canadian organizations, was met with staunch opposition from political parties in Quebec’s National Assembly — the Parti Québécois and the Coalition Avenir Québec — and tergiversation and non-committal replies from both Liberal parties in Quebec and Ottawa.

Like classic arguments used in France or by some conservative politicians during the debate around anti-Islamophobia motion M-103 last winter, each time the issue of hate against Muslims is evoked, it is turned into a semantic debate about the exact meaning of the word “Islamophobia” and about the imagined threats that such initiatives would pose to freedom of speech. As if the killing of six hard-working citizens in a place of worship came out of nowhere or the statistics revealed by Quebec City police last December were just another case of “crying wolf” by victimized Muslims interested in muzzling free minds.

Meanwhile, groups propagating hate, reinforcing stereotypes and ignorance, and inciting violence are left unbothered — or worse, they are growing in intensity and virulence.

During the summer of 2017, a controversy was falsely created about an organized trip at the Parc Safari zoo near Montreal. A group of Muslim families prayed on the lawn, a practice that as a practising Muslim I have been seeing in North America since I first arrived in Canada in 1991. On Facebook, some individuals criticized and attacked the park management, accusing them of allowing Muslims holding prayers in a public space and spreading their religion. With the administration standing by their decision to accommodate visitors as long as they don’t violate park policies, this manufactured crisis became another one added to the long list of incidents in which Muslims are portrayed as threats to the public order, and thus fuelling Islamophobic reactions and fear.

More recently, a Montreal mosque found itself in another fabricated controversy when a TVA journalist alleged that there was provision in the construction contract between the mosque and the builders working for them, barring women from the site on Fridays. Quebec politicians were quick to jump on the bandwagon and denounce the “misogynistic behaviour” of Muslims. There were no second thoughts, no calls to be cautious; every politician had a piece of wood to add to the fire. This time it was not the freedom of speech argument that was raised; instead the principle of gender equality came in handy for some.

Even when the news turned out to be plainly wrong, there were few calls for investigation, no serious reprimand and a very shallow apology by the media outlet.

The accumulation and repetition of these “stories” build on a suffocating atmosphere many Muslim communities breathe across Canada.

A recent media report showed that Toronto is another city where Islamophobia has been growing and left unchallenged by politicians. Anti-Muslim rallies have been held regularly in front of mosques, the Quran was torn in a Peel District School Board meeting about religious accommodation and a Toronto Imam has received death threats because he is helping the board with religious and accommodation issues.

Last December, Pamela Geller, a U.S.-based Islamophobic blogger who once described President Obama as a “third-worlder and a coward,” and said that “[h]e will do nothing but beat up on our friends to appease his Islamic overlords,” was invited to speak by the Jewish Defence league in Toronto, and Ezra Levant joined her at the event.

Once again, freedom of speech was a fine pretext for allowing a blatantly Islamophobic event to take place and hate speech to flourish and become normalized.

I believe there are three categories of people responsible for this troubling situation.

The first are politicians. Many of them have been playing with identity politics for a long time while others have remained sitting on the bench. Not long ago we had a prime minister named Stephen Harper who said that “Islamicism is the biggest threat to Canada.” The uncommon word “Islamicism” amalgamates Islam, fundamentalism and terrorism, making the terms interchangeable. Later, he even gave the example of a mosque as a potential place of youth radicalization, immediately making a connection in people’s minds between Islam and violence.

Even if Justin Trudeau considered the Quebec City killings a terrorist act, his government took very little initiative to help provinces and cities come up with education campaigns in schools, in hospitals or public transit to fight Islamophobia. He didn’t make any changes to hate crime laws to dissuade white supremacist groups, that are on the rise in Canada. Instead in 2015, Justin Trudeau and the Liberals voted for the anti-terrorism legislation introduced by Stephen Harper, formerly known as Bill C-51. Once again, they used laws to create two specific kinds of crimes: ones committed by Muslims and ones committed by other people whose faith doesn’t matter.

Here, it is ironic to remember that Alexandre Bissonnette won’t face anti-terrorism charges.

Even the recently passed amendments to the anti-terrorism law keep the heavy feeling that Canada is constantly under threat by terrorists, a.k.a. Muslims, allowing for secret trials to take place, a practice so far only applied to Muslim suspects.

The second group is media. Some media outlets have also been dangerously playing the card of fear against Muslims. They choose which incidents to report and over-represent, like the issue of the niqab during the 2015 federal election. That was not the only time. In 2008, during the reasonable accommodation crisis, many media outlets in Quebec inflated and distorted the cases of religious accommodation demands, making them seem overwhelming. In Ontario, during the “Sharia debate” crisis, some media invited only extremist views from each side, helping to polarize the debate, and leaving the population with more fear than real answers.

And finally, the third group is the general public. When violent events committed by Muslims occur around the world, the onus is placed on Muslims to distance themselves from violence, from their faith, and from the violent ideologies espoused by some Muslim groups. I lived through that and I keep going through it each time a terrorist act is committed in Western countries (mind you that when terrorist attacks happen in other places in the world, they go almost unnoticed).

I wouldn’t expect people to condemn every single Islamophobic act committed as this is not possible and it isn’t fair to make people guilty by simple association. However, I think that there is a huge duty for self-education about Islam and Muslims, and to make an effort to get out of our comfort zone and make new friends who are Muslims. They can be good or they can be bad, as anyone else. But the effort is worth it. Critical analysis of the news and of politicians’ words and actions should not only matter when it comes to work, health and the economy but also when it comes to national security too. Fear shouldn’t blind us and give a blank cheque to politicians. It should rally us to fight darkness and hate.

This article was first published at rabble.ca