 
Letter to Prime Minister Paul Martin
Distortion of justice under the security
certificate process
15 September 2005
The Right Honourable Paul Martin
Prime Minister of Canada
80 Wellington Street
Ottawa, Ontario
K1A 0A2
September 15, 2005
RE: Distortion of justice under the security certificate process
Dear Mr. Martin:
I write to you on behalf of KAIROS, the social justice organization
of eleven Canadian churches and church organizations, to express
deep concern at the distortion of justice under the security certificate
process.
Neither deportation nor indefinite detention is the answer to Canada’s
security concerns. The recent hunger strikes of Hassan Almrei and
Mohammed Mahjoub have raised public awareness of the detrimental
impact of prolonged detention on the physical and mental health
of security certificate detainees -- and the urgency of fundamental
policy change.
As you know, much of the evidence in security certificate cases
is heard in camera. This means that important evidence is presented
in the absence of both the detainee and their lawyer, making it
impossible to cross-examine key witnesses. While detainees receive
a summary of the evidence against them, the precise allegations
and the source of these allegations remain unknown.
KAIROS believes that such a process violates international standards
for fair trial. In effect, detainees are denied the right to prepare
a credible defense and to meaningfully challenge the lawfulness
of their detention. The right of appeal is also denied, since the
decision of the Federal Court is final. Where the security certificate
is upheld, it becomes a removal order. This too is of serious concern,
given that the five Muslim men currently held under security certificates
all face the possibility of deportation to countries where they
are at risk of torture. Under the Convention against Torture, the
obligation of non-return to torture is without exception of any
kind.
For all these reasons, we respectfully request that you intervene
to abolish the security certificate and replace it with a process
conforming to international standards for arrest, detention and
fair trials. Detainees should either be charged with a legitimate
criminal offence and brought to trial in fair proceedings, or they
should be released. We further request that Canada reaffirm its
international obligation of non-return to torture. Under no circumstances
should anyone be returned to a country where they risk torture.
Canadian churchgoers rely on you, our elected leader, to uphold
the principles of justice and truth that make for good government.
We believe that those principles must guide our treatment of all
our neighbours, regardless of birthplace or descent. We trust that
you will agree and will take appropriate action.
Sincerely,
Mary Corkery
Executive Director
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