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

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When reporting competes with fake news, journalism is the first victim

The recent van attack in Toronto has left 10 people dead and 14 injured. It is deeply shocking, and as with all the other attacks around the world in recent years, very troubling.

Beyond the human tragedy, this attack has convinced me that journalism, as I have understood and read it since I started paying attention to the news (about 30 years ago), is on the way to becoming extinct. In the last decade, many newspapers have gone bankrupt and several newsrooms closed. Analysts blamed the situation, rightly so, on the internet or digital media and social media, as well as the lack of a viable business model that would allow journalism to survive. But the social media and the polarization that is turning these virtual places into warzones between “supporters” and “enemies” are not the only factors to blame.

Mainstream journalism and some journalists are increasingly reproducing the quick, biased reporting widespread in social media. What we publicly despise in others seems to be a reflection of our own mistakes. The result is a slowly erosion of what makes journalism a strong pillar of democracy, intended to keep the public informed in an objective and accurate manner.

Here, I use examples to show how some “mainstream” journalists are falling into the trap of sensationalism and quick scoops, thus following in the footsteps of what their competitors are already doing.

Each time a tragic event takes place, a new narrative is quickly shaped and spread, and many journalists run to embrace it, without realizing that each time they are digging a bigger hole in the “seeker of truth and objectivity” grave.

When in 2015, Michael Zehaf-Bibeau killed a soldier at the National War Memorial in Ottawa, journalists reported that there were snipers on building roofs and that the suspect had accomplices. That created a tremendous climate of fear. The “terrorist” label was quickly attributed to the perpetrator and a “hero” was made of Kevin Vickers, who was later appointed as an Ambassador to Ireland by then prime minister Stephen Harper. All these news stories, comments and decisions were made within a matter of days, giving the impression that there were no other versions of events and no other plausible explanations.

Zehaf-Bibeau was portrayed as a monster to the point that, fearing the backlash of being considered guilty by association, not a single Muslim place of worship was willing to bury him in Ottawa and his father had to take his body for burial in Libya. His mental health and drug addiction struggles, as described by his mother in a letter to the media, weren’t taken seriously in his public representation. A mug shot of him with either unkempt hair or harbouring a Palestinian keffiyeh to cover his face made the headlines. Despite all the questions about his real motives, the RCMP Commissioner concluded that Zehaf-Bibeau was a “Mujaheed,” a terrorist affiliated with “international” terrorism, a newly introduced term to describe what I guess should frankly be labelled “Muslim terrorism.”

On June 12, 2016, Omar Mateen, an American security guard, attacked the Pulse nightclub in Orlando, killing 49 people. The narrative that came out immediately was that Muslims (Omar Mateen’s faith) are haters of LGBTQ communities and that Mateen went on a rampage as an attack on the sexual orientation of nightclub visitors. Another narrative, widely circulated, went on to describe Omar Mateen as a self-hating closeted homosexual. It took only a few hours and days for these narratives to be circulated in social media and endorsed by “mainstream” journalists. It took more than two years of investigation, legal procedures and thorough journalism to quash these erroneous stories. Last month, Glen Greenwald from the Intercept wrote an investigative piece exposing that the real motives of the perpetrator were related to the U.S. wars and killings of Muslims in Afghanistan and the Middle East.

In 2017, Alexandre Bissonnette, a young Canadian man, killed six Muslim men in a Quebec City mosque. Some media outlets, quickly followed by a number of national columnists on social media, reported that Bissonnette had accomplices and that his accomplice was a Muslim man of Moroccan descent. Bissonnette’s motives were not rapidly disclosed. A general unease made some journalists less eloquent about the linking of this man to white supremacy movements. Bullying and mental health kept emerging as the main “known” motive of the cold-blooded murders. A clean-shaved picture of him was also shown in the media and his history of anxiety and depression history was repeatedly mentioned. A hero was even found in the actions of Azzeddine Sofiane who was killed in the course of trying to save some of the other worshipers. A heroic act, indeed, but in my opinion, another attempt to positively distract us from the narrative of the horrible actions of the perpetrator.

Alek Minassian, the man arrested and charged with killing 10 people this week by driving a van onto the sidewalks of Toronto, also “benefited” from a narrative quickly shaped by social media, and endorsed by journalists looking for sensationalism and a bit of “market share” in this new model of news.

A reporter from CBC declared on Twitter that the perpetrator was “wide-eyed, angry and Middle Eastern,” trying to associate the attacker with the now classic narrative of “another Muslim or Middle Eastern violent guy.” Later, after this narrative made its way into many news outlet and websites, some journalists quickly jumped and kept asking — was this case not related to “international terrorism”? How did they know? Is it the mere religious affiliation of the perpetrator that makes you a terrorist? Or rather, through negation, “if you are not a Muslim, a.k.a. a terrorist, then you can be anything else.”

Soon after, another narrative came to be built by reports (once again gleaned from social media) indicating that the attacker was a misogynist belonging to an “incel” group — men who are angry about their involuntary sexual inaccessibility to women. As quick as the police and journalists were to “clean” the attacker of accusations of terrorism, they were not as quick to corroborate this troubling news. Maintaining fuzziness in this case makes all explanations plausible and none true. What is supposed to be a rule of objectivity is becoming a fluid argument that some journalists use when it suits them, to refute some claims and accept others.

And once more, a hero is instantaneously found — in this case, the police officer who didn’t shoot at the killer. It’s a gesture that we have seen many times in other situations, especially when the suspect is clearly identified as a person of colour. What should be a rule is unfortunately portrayed and accepted as the exception. A heroic gesture that we cheer despite the real tragedy being lived by people, and the human and social damage created by the attacker in the community.

These examples illustrate how both social media and mainstream reporting are shaping dangerous and misleading narratives that, in the long run, are slowly causing the erosion of the real work of journalism.

This article was first published at rabble.ca

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

Public apologies serve crucial role in democratic societies

Last week, some voices rose up criticizing Prime Minister Justin Trudeau about the list of apologies he has made since he took office in 2015. Some argued that his late father, Pierre Elliott Trudeau, would not have done so; in this patriarchal analogy, a son has to follow in the footsteps of his dad, whether he is right or wrong. Other critics insisted that apologizing to victims is a symbol of current attitudes which find fault in outdated traditions judged to be colonizing and discriminating by today’s standards.

As a victim of government policies of systematic discrimination towards Muslims after 9/11, I totally disagree with those arguments. Apologies are not merely monetary gifts won through a lottery ticket, or hollow words pronounced in public by teary politicians. They are crucial steps for mourning victims and supporting survivors. They are highly symbolic gestures that are instrumental in building a collective memory, defining our history as a country and restoring faith in institutions. On a personal level, I was adamant about seeing words of apology written down on paper. I keep this paper framed on my desk. The words represent a path of light for my children’s future, always mixed with the clouds associated with their names.

Acknowledging the wrongs of past policies is a crucial pillar of the accountability principle that underlies our democratic system. Our judiciary system is built on the notions of due process and personal liability of citizens and institutions. It is not a coincidence that many countries with difficult pasts (ethnic violence, corruption and apartheid) and which afterwards chose to enter the democratic circle held truth and justice commissions. These were not acts of vengeance or weakness or the defeat of some groups by others, but a strong signal to building a new social contract together on a level playing field.

When some criticize the redress and apology received by Omar Khadr, who spent more than a decade in Guantanamo, or Abdullah Almalki, Ahmed El Maati or Muayyed Nureddin, who were all tortured in Syrian jails with the complicity of Canadian law enforcement and intelligence services, these criticisms overlook the fact that the compensations and apologies didn’t arrive overnight on a silver plate. They didn’t miraculously happen because of a change of heart or a feeling of guilt. They came after years of judicial inquiries and legal battles. They came after years of public calumnies by anonymous sources. They came after years of physical and psychological torture. They came after families lived in anguish and social exclusion. They came after reputations were damaged forever. They came after employment opportunities became inexistent if not null.

Those voices should direct their criticism to the government policies that allowed such discrimination to take place in the first instance. When Muslim asylum-seekers are stopped at the border and questioned about how many times they pray a day or about their religious opinions on women’s headscarves, this is called religious discrimination. When young men are arrested in the street, frisked and asked to supply personal information just because of the colour of their skin, this is called racial profiling and carding. When men and women are rounded up at social gatherings or laid off from their jobs because of their sexual orientation, it is called sexual discrimination. When Indigenous children are separated from their communities and sent thousand of kilometres away from their families, prevented from speaking their native language and then physically and morally abused, this has a name: it is called cultural genocide.

When Canadian professor Hassan Diab was extradited to France in 2014 to face accusations of bombing a synagogue that were shown over and over in the court system to be unsubstantiated, and to say the least, untrue, very few voices rose up to ask Trudeau to call his French counterpart and explicitly request Diab’s release and return to Canada. The minute this Canadian citizen is able to return safely to Canada and eventually sue the government for abandoning him in jail despite eight French legal decisions to release him, then those voices will likely complain about how the government is wasting its tax dollars and throwing out apologies.

It is also worth mentioning the case of another Canadian, Abderrahmane Ghanem, who was a youth radicalized in Calgary but who didn’t join any terrorist groups or commit any violent acts. Nevertheless, while travelling to Algeria, his parents’ country of origin, he was arrested, charged and spent 13 months in prison, in very bad conditions. After his acquittal by an Algerian court, his Canadian lawyer, Gary Caroline, linked Ghanem’s ordeal to Algerians acting on information provided to them by the Canadian Security Intelligence Service.

As long as our systems allows injustice to happen, we are all responsible for these wrongdoings and one day, apologies are needed. It is up to voters to decide what kind of society they would like to live in and leave for their children. Is it an arrogant society looking at the past with nostalgic eyes, or a fair society that is ready to look at the past with critical eyes and ready to build a better future, even if this costs money and entails more public apologies?

This column first appeared on rabble.ca

My thoughts about Omar Khadr

The story of Omar Khadr is tragic and sad. On a human level, it is the story of a young Muslim boy who has been caught in the so-called “War on Terror” and saw his life totally “hijacked” since. On a political level, Omar Khadr became the tool of legal vengeance and humiliation of American policies aided and supported by some Canadian officials and politicians, to punish the “bad Muslims”, those who found themselves caught in the web of national security. On this video, I briefly speak about the case.

I gave an interview to Mind Bending Politics (MBP), a political blog focusing on Canadian politics and policy. 

 

MBP: There has been a lot of talk about the government awarding Omar Khadr $10.5 million over the past week at various media outlets. Can you provide your initial thoughts on the Khadr settlement? Do you think justice has been served?

Mazigh: For years, as a human rights advocate and as someone who went through injustice with my entire family, I closely followed the case of Omar Khadr. I signed petitions for his return, wrote several articles about him, attended rallies and organized event for his lawyer to speak about the case. So when I recently heard that Omar Khadr reached a settlement with the government, I was very pleased and I felt that finally justice has been served for this citizen who has been imprisoned in the infamous Guantanamo prison when he was 15 years old for almost 10 years, who has been abused by Americans officials and by Canadian officials. Omar Khadr was never given the chance to due process. He was basically dehumanized through false claims, and became the target of legal vendetta by the previous Canadian government. He had to pay for the mistakes of his family and used as “scarecrow” for anyone who dares to criticize the war on terror or issue any doubt about its efficiency.

MBP: This issue regarding the Khadr settlement has been very polarizing for Canadians. Why do you think that is, and also do you think a lack of information regarding what rights are afforded to us under the Charter of Rights and Freedoms, and how they are upheld could also be contributing to that polarizing debate around the settlement?

Mazigh: Unfortunately, this polarization was influenced by political partisanship, by emotional reactivity and by some media outlet with political and social agenda. In some inflamed discussions, the Charter of Rights and Freedoms was rarely considered and the facts were totally and deliberately ignored. Actually, rather than real facts, false claims or distorted facts took over and became the norm. We heard things like “Omar Khadr is a convicted terrorist”, “Omar Khadr was brought to court”, and “Omar Khadr killed a paramedic”. For years, those distorted facts were challenged explained around Khadr left some citizens feel cheated or betrayed by the government. Indeed, it is false to say that Omar Khadr is a convicted terrorist. He was brought in front of a military commission that was considered by many experts as “Kangaroo court”. This presumed “conviction” was nothing than a “sham”. People look at the US and think that it is the country of freedom and constitution so how possibly can we have a “sham” there? It is important to remember that Guantanamo is a military prison. In 2002, 779 prisons were flown from Afghanistan to Guantanamo. By 2011, 600 prisoners were released most of them with no charges. Today there are 41 detainees left and many of them are cleared to go home but still imprisoned.

The successive American administrations had hard time to convict these prisoners. There is a flagrant lack of evidence at the first place and a documented use of torture. Also, some people keep repeating “Omar Khadr killed a paramedic”. The sergeant was not acting as a medic when he was at the battlefild. He was tragically killed in the battle and there is no evidence that Omar Khadr killed him.

MBP: You were instrumental in bringing your husbands case forward to the Canadian government, and to us Canadians. I remember following his situation and eventual resolution for some time. Some Conservatives commentators have raised your husband’s payout when speaking on the Khadr settlement as legitimate because your husband was found innocent of any wrong doing, and are arguing that Khadr’s settlement isn’t legitimate because of a conviction by a US military tribunal. The Canadian Civil Liberties Association has come out publicly supporting the Khadr settlement stating that “It’s a legal truism that a right without a remedy is no right at all”. I was just wondering if you would be willing to respond to the way the some are using the settlement your husband has received to delegitimize Khadr’s?

Mazigh: Unfortunately, once again, it is a political partisanship war. My husband, Maher Arar, was compensated under Stephen Harper government and the public announcement about the apology and compensation at that time was also demonized by some groups and individuals. My husband was called “ a terrorist” even after the settlement and up to today some people are resentful to his settlement. When, my husband was in a Syrian dungeon some conservative MPs, rose in the House of Commons and denounced the security laxness of Canada and praised the seriousness of the US administration after arresting a “terrorist”, my husband. People tend to forget and turn a blind eye on the stigma ones go through even after the settlement. People look at the dollar figure and forget that it is impossible to find a job when you were once labelled a terrorist, despite your numerous degrees and skills. Money won’t bring back your life, your name or your reputation.

Today, the individuals and groups attacking Omar Khadr, don’t think about his future, his career, his family, his children. It is the least of their worries. They are so angry that he received money, period. And by the way, that 10.5 millions settlement isn’t even exclusively for Omar Khadr. His lawyers are sharing it with him.

MBP: There was a recent poll done by Angus Reid, in which 71% of Canadians surveyed believed that the Trudeau Government did the wrong thing by paying Khadr money and that the courts should have decided whether his detention was illegal. Missing from this poll was anything regarding the actual reason why Khadr was paid out, and that’s the fact that the Supreme Court of Canada ruled 3 times that Khadr’s rights were violated. If you were part of a polling agency, what question would you ask to Canadians regarding the Khadr settlement?

Mazigh: The polls are dangerous for our democracy. I am not saying they shouldn’t exist but we can’t govern according to them. The rule of law isn’t a popularity contest. Actually, it can be the total opposite. Courageous governments around the world were always attacked and criticized for controversial decisions. Take issues like: abortion, same-sex marriage…The Supreme Court ruled on these issues and the government had no choice than to accept these decisions. In the case of Omar Khadr, it is the same situation. The Supreme Court ruled three times in his favour and today the Canadian government had no choice than to accept and reach a settlement. This decision will never make everyone happy and comfortable but this is why we live in a democracy. We constantly disagree but the Supreme Court is our ultimate test. Take the example of “banning the Niqab at the citizenship ceremony” in 2015. This political wedge issue was used by politicians to win votes. It literally divided voters across the political spectrum but the court ruled that Ms. Zunera Ishaq, the lady at the centre of the controversy, was allowed to keep her Niqab. Many Canadians disagreed and felt uncomfortable but today it is the past.

MBP: Do you think as a result of the polarized political environment in Canada that our constitutional rights as citizens could be at further risk of being infringed upon in the future? If so, could you explain what can be done to get accurate information regarding our constitutional rights out to Canadians at large, and what you would like to see politicians do to ensure that government respects the rights of all Canadians through successive governments?

Mazigh: I am afraid that this polarization we live through is complex and the result of multiple factors. It is not only a matter of getting the accurate information about our constitutional rights. People are becoming less and less trusting of political elites and more and more ready to accept any information that would reassure them in their beliefs, be it false. This polarized environment is exacerbated by a hard and precarious economic situation for many citizens. The monetary settlement received by Omar Khadr make many Canadians feel uncomfortable because many Canadians are being laid off their jobs, many young people are unemployed or have unpaid internship. So they feel cheated and left out by the government.

When, Canada decided to join the so-called “war on terror”, the politicians narrowed it down to a “national security” issue but in reality it is far beyond that. The so-called “war on terror” eroded our civil liberties and rights. They made us accept things like “it is OK to spy on us”, “it is OK to use torture to gain useful information”, “a terrorist doesn’t deserve due process”. On the other hand, people don’t see the increase in the military budget, the billion of dollars to buy military equipment and join wars and the cuts in the social services and in education. We need to have a public discussion on these issues but unfortunately; we are made to feel that we should join on side or the other. In reality, we will never enjoy security if we don’t accept that we have international obligations and rules to respect and that our population need to see the full picture and not just one citizen receiving 10.5 million dollars as if he won a lottery ticket.

MBP: What do you see as the greatest challenge to civil and human rights, now and in the future and Canada?

Mazigh: The greatest challenge to civil and human rights is fear. We think that this happen elsewhere and not in our backward. But it is a slippery slop. When people are afraid of losing their jobs, losing their identity, losing their comfort, losing their kids, they become irrational and they can accept fake news and they can even welcome totalitarianism. Civil and human rights were instituted after the Second World War after the humanity experienced the worst. After 9/11, some politicians are trying to play the fear card again. Guantanamo was justified through fear and a need for security. Military courts were justified by fear.

In Canada, we shipped citizens to torture and deprived them for their rights because we were afraid of them, of their beliefs and we collectively presumed they were dangerous to our security. Security became an illusion being sold by some politicians to obtain more votes. Meanwhile, our social programs are being cut and defunded, our economy still rely on non-renewable energy, the economical inequalities are increasing and the politicians are not offering any serious plans to tackle them.

MBP: What do you see as recent steps forward in advancing civil and human rights in Canada? What would you like to see happen, both nationally in Canada and internationally to advance civil and human rights?

Mazigh: Canada must live up to its international reputation. For centuries, Canada has let down its indigenous people. It is time to build new relationships based on respect and equality. We can’t have human rights for some, it is a recipe for social uprising. Last year, Canada announced its intent to finally ratify the Optional Protocol to the Convention Against Torture after ignoring it for years; I hope this matter would be expedited. This way, cases like Omar Khadr would be less likely to happen in the future. In Canada, we need to have more accountability when it comes to issues like policing and national security. There were new announcements by the federal government that are very promising but we have to remain vigilant as abuses are not only committed by individuals but also by institutions. Internationally, we should partner with other countries to advance human rights in other place of the world. We can’t be happy of what we are achieving in Canada, we live in a globalized word and abuses in other part of the world would eventually affect us. So we have to help alleviate oppression overseas and make our global impact as “lighter” as possible.

En politique, il n’y a pas de “Best Friends Forever”

 

Malheureusement, il semble que pour plusieurs groupes musulmans du Québec, le travail de lobbying ou de représentation des droits des musulmans est souvent confondu avec la notion de tisser une amitié avec certains politiciens.

Heureusement que le premier Ministre Philipe Couillard, considéré par plusieurs de ces groupes comme un ami « raisonnable », est venu leur rappeler que dans la vie d’un politicien ce qui compte le plus ce sont les sondages et les caisses du parti et que les gentils mots échangés pendant certains festivals de « couscous » ou de « chameaux » ainsi que les quelques larmes sincères ou non, versées lors des funérailles des six musulmans assassinés à la mosquée de Québec, sont éphémères, rapidement séchées dès la publication du premier sondage qui dirait par exemple que la Coalition pour l’Avenir du Québec (CAQ), deviendrait un concurrent dangereux dans certaines circonscriptions électorales.

Ce n’est pas un secret que la CAQ, depuis des années, fait de la surenchère politique sur le dos des musulmans, des immigrants, en attisant la peur des citoyens et en leur faisait faussement croire que le terrorisme est un phénomène local et que les musulmans ont tous une part de responsabilité dans les actes violents commis par chacun qui s’appellerait « Mohamed », « Abdullah » ou porterait un prénom à connotation arabo-musulmane. Le premier ministre Couillard, dans sa crainte de voir le tapis lui être tiré sous les pieds par ses adversaires politiques, a haussé le ton et a soudainement laissé tomber ces « amis musulmans » qui tels que rapporté par certains médias sont sous encore le choc, comme si cela n’était pas prévisible à quelques mois des élections provinciales.

Mais, sarcasme mis de côté, les propos du premier ministre du Québec sont graves et erronés pour deux raisons principales.

Tout d’abord, le premier ministre s’est inspiré des propos du président français, Emmanuel Macron, alors que la situation en France est plus complexe et certainement distincte de celle du Québec. La France est en crise depuis des décennies avec ses concitoyens français de foi musulmane, dont les parents ou grands-parents sont d’origine maghrébine, issues des anciennes colonies comme le Maroc, l’Algérie ou la Tunisie.

Que vient faire le Québec là-dedans? Certes, il y a une grande communauté musulmane au Québec (environ 300,000 personnes) dont 63% sont originaires de l’Afrique du Nord, toutefois c’est une communauté issue d’une immigration relativement jeune (début des années 90), appartenant à un groupe socioéconomique, qui malgré les défis de chômage (taux aux alentours de 18%), n’est pas concentrée dans des HLM ou des ghettos ethniques comme c’est le cas de la France, et constitue l’une des communautés les plus éduqués au Canada (48% détiennent des diplômes universitaires).

Par ailleurs, la France, a vu les deux dernières années, une vague d’attentats se déferler sur son territoires. Ces actes ont été commis par des français musulmans. En deux ans, le nombre de victimes de ces actes s’est élevé à 239 victimes. De plus, il y a environ 900 français qui sont partis combattre en Syrie et en Iraq.

Au Québec, il n’y a pas eu de vague d’attentats terroristes. En 2014, il y a le militaire de Saint-Jean sur Richelieu qui a été tué par Martin Rouleau, un jeune qui s’est converti à l’islam et qui faut-il le rappeler souffre de plusieurs troubles mentaux. Et bien sûr, l’histoire des jeunes québécois qui ont quitté le Québec pour aller renflouer les rangs de certains groupes combattants en Syrie. D’après ce que rapportent certains médias, entre 2012 et 2015, il y aurait eu six jeunes qui sont partis et dix autres qui ont été arrêtés par les autorités policières pour avoir essayé de joindre les rangs de certaines organisations terroristes en Syrie. Et malgré ces chiffres statistiquement non significatif, un centre pour la prévention contre la radicalisation menant à la violence a été mis en place à Montréal en grande pompe avec l’aval du maire Denis Coderre et de toute la classe politique. Aujourd’hui, la question qui se pose: « pourquoi, il n’y a pas eu un centre pour la lutte contre l’islamophobie après que six pères de famille soient tués dans leur lieux de prière, le mois de janvier passé? »

Deuxièmement, le premier ministre Couillard, a utilisé dans ses propos une rhétorique dangereuse souvent utilisée par certaines personnes en position de pouvoir et de privilège pour critiquer les demandes de certaines victimes. Ce qu’il a dit serait semblable à critiquer une femme qui a subit une violence sexuelle en lui rétorquant que c’est la façon dont elle s’habille qui est la cause de son malheur.

Et pourtant le premier ministre n’est pas fait une sortie le jour où les chiffres de Statistiques Canada ont révélé que ce sont les musulmans qui sont ceux qui ont subi l’augmentation la plus considérable d’actes haineux.

Non seulement les musulmans ont vu le nombre de crimes haineux contre eux augmenter d’une manière fulgurante mais que cette violence est généralement l’œuvre d’hommes âgés entre 18 à 24 ans.

Pourquoi, alors le premier ministre Couillard ne s’est-il pas adressé à ce groupe démographique et lui faire la leçon de morale, comme il l’a fait avec les musulmans, et lui demander de se distancer de ces crimes haineux et de reformer leur idéologie violente?

Les représentants de la communauté musulmane ont cru qu’en étant gentils et dociles avec le gouvernement, les choses s’amélioreraient d’elle même.

Malheureusement, en politique et quand il s’agit de revendiquer ses droits, il faut crier haut et faire, il faut faire beaucoup de bruit, il ne faut pas mâcher ses mots, il faut des demandes claires et il faut du courage pour poursuivre la lutte.

Après la mort de six hommes tué par un terroriste québécois dont on ignore presque tout sur sa religion et ses croyances religieuses et ses opinions politiques, aucune action concrète n’a été mise en place par le gouvernement Couillard pour éduquer la population et prévenir les actes de haine et d’islamophobie.

Il est temps que les musulmans du Québec, et du Canada aussi, sachent qui ni les Couillard, ni les Lisée, ni les Legault, ni les Nadeau- Dubois, ni même les Trudeau, ne sont des amis pour la vie. Ce sont des hommes politiques qui cherchent à se faire élire et gagner des élections. Le droit à la dignité, le respect et la liberté ne seraient jamais obtenus par des poignées de main, des sourires laconiques ou des « égo portraits » pris avec des politiciens opportunistes, mais plutôt par des luttes sociales, de l’éducation et surtout du travail militant intelligent et courageux, sur le terrain et de longue haleine.