There is something wrong with a justice system that keeps someone in jail for seven years without charge--independently of the Supreme Court decision. Even though he is at least back with his family his privacy is constantly invaded and he has no opportunity to clear himself. One thing that the war on terror has done is to destroy basic freedoms that were before taken as given in our justice system.
Held nearly 7 years, freed after security certificates struck down
Apr 14, 2007 02:30 AM
Theresa Boyle Staff Reporter
Toronto terrorism suspect Mohamed Mahjoub has been reunited with his family after spending almost seven years in jail without charges.
"He is elated to be home with his family for the first time in nearly seven years," his lawyer, John Norris, said yesterday.
He returned to his home in the city's west end on Thursday night under tight conditions after being released from the immigration detention centre near Kingston known as "Guantanamo North."
Mahjoub, 46, is an Egyptian who worked for Osama bin Laden's agricultural company in Sudan in the 1990s.
He was arrested in Toronto in June 2000 and accused of being a member of the Vanguard of Conquest, a wing of an Egyptian Islamic group. He denies any link to Al Qaeda.
He has been incarcerated under a national security certificate, a provision of the Immigration and Refugee Protection Act that allowed the government to present secret information to a Federal Court judge. That information could not be viewed or challenged by the accused or his lawyers.
The Supreme Court of Canada ruled in February that the security certificate was unconstitutional.
It has taken until now for the Canada Border Services Agency to implement Mahjoub's bail conditions.
"Right now he's under very strict house arrest," Norris said, explaining the conditions.
Mahjoub cannot have guests in his home unless they have been pre-approved by the Canadian Border Services Agency.
He currently cannot leave his home without prior approval from CBSA, but that condition is expected to soon be relaxed so he can venture out for such errands as taking his young children to school.
Mahjoub cannot be alone at home, must maintain regular contact with CBSA officials, let them into his home whenever they wish, allow his mail and phone calls to be intercepted, and wear an electronic monitoring bracelet.
Despite the restrictions, Mahjoub is thrilled to once again be living with his wife and two sons, Norris said.
"The family was put in an almost impossible situation where they would agree to anything to get him home. They've had to give up almost every aspect of privacy in their lives," he said.
"Our hope is that as he makes the transition back into the community we'll be able to go back to the court and ask that the terms gradually be relaxed, but that will be a long-term project," the lawyer added.
Norris said Mahjoub will have to get reacquainted with his sons, aged 9 and 7.
"He's just been this absent, distant figure for most of their lives," he said.
"(The youngest) was a babe in arms when Mahjoub went in. It's just unbelievable," he said.
Mahjoub's release coincided with the announcement of bail terms for Mahmoud Jaballah, another terrorism suspect from Egypt held in Kingston without charge.
Federal Court Justice Carolyn Layden-Stevenson released the terms on Thursday. They are similar to those faced by Mahjoub.
"We have the order and we're hoping that CBSA will be making arrangements for his release any time now," Norris said.
Jaballah has been detained for more than five years. He has been accused of being involved with the Egyptian Al Jihad, led by Ayman Al Zawahiri, Al Qaeda's reputed second-in-command whose whereabouts are unknown.
He is also allegedly linked to Canadians with suspected terrorism ties.
Like Mahjoub, he has denied any connection to terrorism.
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