| Submit your comments on this article | |
| Great White North | |
| No access to suspected al-Qaeda boss for Harkat's lawyer | |
| 2007-10-14 | |
| The U.S. government will not allow the lawyer of accused terrorist Mohamed Harkat to interview Abu Zubayda, a top al-Qaida lieutenant being held at Guantanamo Bay. Lawyer Paul Copeland made the request because Mr. Zubayda is the only known informant against his client and he wanted his evidence to form part of Mr. Harkat's new security certificate hearing. But U.S. officials have shut the door to that possibility. "Any access to Abu Zubayda would pose unacceptable risks to the national security of the United States and could cause irreparable harm to the ongoing efforts in the war on terrorism," Sandra Hodgkinson, U.S. deputy assistant secretary of defence, wrote in a letter dated Sept. 26. Mr. Harkat, 39, of Ottawa, contends the security certificate case against him should now be dropped -- or brought to a criminal court -- since he cannot confront his only known accuser. "I want the Canadian government to give me a fair trial with access to the evidence so that I can defend myself fairly and openly. I don't want any more secrecy," he told reporters at a news conference Friday. Mr. Harkat, an Algerian refugee who was arrested and jailed for more than three years on the strength of a security certificate, is accused by the federal government of being an al-Qaeda sleeper agent who poses an extreme threat to Canadians. Indeed, federal officials consider him such a threat that they are still trying to deport him to Algeria -- even though the Supreme Court has said the process that labelled Mr. Harkat a terrorist was fundamentally unjust. In February, the Supreme Court gave the government one year to enact changes to the security certificate process to bring it into conformity with the Charter of Rights and Freedoms. The high court said the secretive process denies accused persons the ability to fully defend themselves. The Canadian government has indicated that it will consider the introduction of special advocates, or security-cleared lawyers, to protect the interests of accused persons. Such an advocate would be allowed access to classified documents and hearings, and could assist a judge in the cross-examination of witnesses in-camera. It's expected Mr. Harkat will be put through whatever new legal process is eventually approved by Parliament. But some critics contend that process will still be unfair. "The problem with any special advocate process is that it still relies on secret evidence," said Jessica Squires, of the Justice for Mohamed Harkat Committee. The special advocate also cannot ensure that key informants, such as Mr. Zubayda, are allowed to testify. Mr. Zubayda, who was once third on the U.S. list of most wanted al-Qaeda suspects, has been a major figure in the Harkat case. The government says it has evidence that Mr. Harkat Mr. Harkat, however, testified in his own defence and insisted that he had never met Mr. Zubayda and has never knowingly assisted a terrorist.
| |
| Posted by:Fred |