- Mohamed Harkat
-
Mohamed Harkat 
Harkat in 2008Born August 6, 1968[1]
Taguine, Algeria[1]Nationality Algerian-Canadian Other names kunya: Abu Muslima Alma mater University of Oran Home town Ottawa, Canada Religion Muslim Spouse Sophie Lamarche Harkat Born in Algeria, Mohamed Harkat (Arabic: محمد حركات) has drawn Canadian media attention as being one of several Muslim-Canadians alleged to have ties to terrorism and imprisoned under security certificates. The Canadian Security Intelligence Service alleges that he entered the country as a sleeper agent for al-Qaeda.[2] Harkat worked as a gas station attendant and a deliveryman for Pizza Pizza during his seven years in Canada. He was released on May 23, 2006 under house arrest, while fighting deportation.
Contents
Life
Harkat's father El-Ait, who had six other sons, was born in Algeria and spent time working in both France and Algeria in the construction business.[3]
A student at the University of Oran, Harkat joined the Front Islamique du Salut (FIS) in 1989, when it was still a legitimate political movement.[1] He offered them the use of a family-owned house in Zmalet Elamir Abdulkadir as a registered district office.[1] Harkat was excused from Algerian military service because he broke his left leg as a child and it never properly healed.[4] In March 1990, the Algerian government stormed the house and arrested the FIS members within. Harkat was not present, and was warned by his uncle that security forces were seeking him. He departed in April 1990 for a trip to Saudi Arabia using a Hajj passport.[5] From there he travelled to Pakistan, where the Muslim World League employed him and sent him to Peshawar in May 1990, to help distribute relief packages and organise aid programs.[3]
For the next four years, Harkat worked and lived out of a Babbi warehouse and picked up shipments of food and relief supplies for the refugee camps in the city from the Peshawar airport and train station, earning $300–500 monthly.[6][7] CSIS has alleged that during this time he also worked for Human Concern International, suggesting this meant he was a formal colleague of Ahmed Khadr, and that he may have run a guest house for foreign mujahideen traveling to participate in the Afghan civil war.[8]
In June 1994 Harkat lost his job. He lived off his $18,000 in savings for the next year.[1][6][9] He has made contradictory statements suggesting he either deposited $12,000 of his earnings in a bank through a friend named Haji Wazir, or that he never used a bank and instead kept all his money with him.[10][11] CSIS contends that Pacha Wazir, to whom they believe Harkat is referring, is an Emirati citizen known to have connections to al-Qaeda.[12]
The Canadian Security Intelligence Service (CSIS) alleges that Harkat and "Mohammad Adnani" were the same person, and that during this time he joined the more militant Groupe Islamique Armé wing of FIS, and eventually aligned himself with Gama`at Islamiyya. CSIS will not provide a source for this claim, arguing that the information came from "open sources".[1]
In September 1995, Harkat paid $5000 for airfare to travel out of Pakistan to Malaysia, from where he hoped to catch a direct flight to Canada.[13] In Kuala Lampur, he purchased a forged Saudi passport in the name of Mohammed M. Mohammed S. Al Qahtani for $1200 from a stranger named Abu Abdallah Pakistani, to carry in addition to his legitimate Algerian passport, since Saudi passports did not require entry visas to visit Canada.[1][14]
In Canada
Left with approximately $1000, Harkat flew from Malaysia to Toronto via the United Kingdom on October 6, 1995.[1][14] He contacted Taher, a colleague he had met in 1994 in Peshawar now living in Ottawa, and arranged to meet him at the Ottawa bus station, since he claimed he was told it would be best to launch a refugee claim from the city. Taher met him at the bus terminal, and brought him to the mosque, where he was introduced to Abrihim, a convert to Islam who lived beside the mosque, and allowed Harkat to live with him for a week or two.[10][15][16]
He stated that he would be persecuted by the Algerian government due to his past membership in the FIS.[9] His claim was accepted on February 24, 1997.[1] In March, he applied for Permanent Resident status.[2]
While attending prayers at the Ottawa Mosque on Northwestern Avenue, he met Mohamed el-Barseigy who was looking for somebody to share his apartment. Accepting el-Barseigy's offer of a drive back to Toronto, Harkat was introduced to Ahmed Khadr who was also in the van traveling to Toronto. Harkat has said that Khadr was silent during most of the trip, and his only advice to Harkat was "tell the truth to immigration authorities", a claim that a Federal Court justice found was "inherently implausible and incredible".[17] They never met again after the 5-hour drive.[15][18]
He was also in contact with Fahad al-Shehri, who was later deported from the country.[5] In 1996, after el-Barseigy moved to a new home, Harkat moved to 391 Nelson Street, Apartment 1. At the end of the year, he enrolled in English courses at the Ottawa Technical High School.[3]
On October 4, 1997, he was interviewed by CSIS, and was accused of using the alias "Abu Muslima", which he denied.[19] In 2004, he recanted his denial and admitted using the name in Pakistan.[20] He became addicted to gambling, and lost several thousand dollars - prompting authorities to ask where he'd gotten the money in the first place.[21] He stated that a man named Wael, who was a mutual friend with Harkat's close friend Abdel Mokhtar, had come to Canada with $60,000 to start a business; and had liked Harkat and offered to loan him $10,000 and then an additional $8,000 to open an antique store and a gas station. He also stated that the money was from Mokhtar, rather than Wael.[22] It later came to light that one of the CSIS agents detailed to collect information on Harkat had been Theresa Sullivan, who had been fired in 2002 after she carried on an extramarital affair with one of her informants, making Harkat question whether information she provided about him was reliable.[23]
He married the Canadian Sophie Lamarche, and five months later in May 2001, began speaking about marriage to an Algerian named Khaira Abdel Khader and discussed buying a house for her in the country, rebuffing her requests to immigrate to Canada.[24]
Arrest
Mohamed Harkat is represented in a 2004 protest outside the Toronto office of CSIS.
Harkat was arrested in Ottawa on December 10, 2002 as a threat to national security, after a security certificate was issued on the recommendation of CSIS, who relied upon secret evidence that has not been revealed due to national security concerns.[25] Public statements indicated that Abu Zubaydah, who was waterboarded during harsh interrogations by the United States, described a man "similar to" Harkat running a guest house in Pakistan that shuttled mujahideen to Chechnya, although he did not use Harkat's name.[2] This led the United States to accuse Harkat of "assisting terrorists, including the September 11 hijackers".[26]
On March 22, 2005, Federal Court judge Eleanor Dawson ruled that the security certificate binding Harkat was reasonable.[1] On December 30 of that year a federal court judge dismissed Harkat's application for release.[2]
In April 2006, he was moved, along with the other four detainees, to a section at the Millhaven Institution specifically built for those held under security certificates.
Release and subsequent trials
On May 23, 2006, Harkat was released on a $100,000 bail by Justice Dawson.[5] The release conditions stipulated that he be in the company of his wife, Sophie Harkat, or mother-in-law, Pierrette Brunette, at all times.[27] Additionally, Harkat was required to wear a tracking bracelet and was prohibited from using electronic means of communication. Any trips outside of his house were to be approved by the Canada Border Services Agency (CBSA) 48 hours in advance. The CBSA were also allowed constant access to his house, were required to approve any visitors to the house, and had two agents accompany him on any outings.[5]
On June 13–14, 2006, the Supreme Court of Canada heard the case of Harkat v. Canada on the constitutionality of security certificates. On December 22, Harkat's lawyer, Paul Copeland, announced that Federal Court Chief Justice Allan Lutfy would grant a judicial review of the original deportation order in Federal Court.[28]
The Canadian Border Services Agency added six full-time positions for surveillance agents to follow Harkat at all times, at an annual cost of $868,700, as well as purchasing a new $31,000 car for the tailing, and spent $5,000 monthly to have staff monitoring Harkat's tracking bracelet.[29]
On January 29, 2008, CBSA agents entered Harkat's home while he was showering, and placed him under arrest citing a breach of bail conditions, since his mother-in-law had not stayed at the house for several days following an argument with her husband.[30] He was released after being questioned about the matter.
On September 24, 2008, judge Simon Noel ruled that CSIS must disclose their "secret" evidence against Harkat, allowing him and his lawyers to view the material,[31] which CSIS said could take up to six months.[12] Six months later, he ordered that the release conditions be loosened, allowing Harkat to remain home by himself without needing his wife present at all times.[23] In May 2009, judge Noel had said that the unwillingness of CSIS to share its material regarding the reliability of an informant who gave evidence against Harkat was "troubling", and made the rare move of ordering them to disclose confidential files to Harkat's defence lawyers who held security clearance.[32] It was also noted that CSIS claimed to have destroyed all original copies of their evidence, instead offering copies.[8]
External links
References
- ^ a b c d e f g h i j Canadian Security Intelligence Service (CSIS), Security Intelligence Report concerning Mohamed Harkat, February 22, 2008
- ^ a b c d CBC, Court refuses to order Harkat's release, December 30, 2005
- ^ a b c CSIS interview of Harkat, May 1, 1997
- ^ Transcript of proceedings - Federal Court File No. DES-4-02 In the matter of Mohammed Harkat heard at Ottawa, Ontario, Wednesday, October 27, 2004, pp. 179-181.
- ^ a b c d CBC, The CSIS case against Mohamed Harkat, July 17, 2006
- ^ a b October 28, 2004 testimony by Harkat
- ^ Transcript of proceedings - Federal Court File No. DES-4-02 In the matter of Mohammed Harkat heard at Ottawa, Ontario, Wednesday, October 27, 2004, pp. 85, 91-101, 117, 124-125, 128-129.
- ^ a b Duffy, Andrew. Ottawa Citizen, Terror suspect once worked on Khadr's behalf: CSIS, May 29, 2009
- ^ a b Personal Information Form (PIF) for people claiming convention refugee status, filled out by Harkat
- ^ a b CSIS interview of Harkat, October 4, 1997
- ^ CSIS Immigration Screening interview of Harkat, June 11, 1998
- ^ a b Canadian Press, Harkat shows classic signs of 'sleeper' agent: CSIS, November 5, 2008
- ^ Immigration Screening interview of Harkat ,June 11, 1998, Q&A 71-72
- ^ a b Service Immigration Screening interview of Harkat, June 11, 1998
- ^ a b Duffy, Andrew. Ottawa Citizen, "Harkat: I'm no terrorist, just a victim of chaos ", October 28, 2004
- ^ Transcript of proceedings, Federal Court File No. DES-4-02, In the Matter of Mohammed Harkat, testimony of Harkat, Wednesday, October 27, 2004, pp. 156 to 160.
- ^ Federal Court of Canada, Reasons for denial of bail to Mohamed Harkat
- ^ Duffy, Andrew. Ottawa Citizen, "Ottawa man a terrorist, judge rules", March 23, 2005
- ^ Service interview of Harkat, October 4, 1997
- ^ Transcript of proceedings - Federal Court File No. DES-4-02 In the matter of Mohammed Harkat heard at Ottawa, Ontario, October 28, 2004, pp. 64-65.
- ^ Transcript of proceedings - Federal Court File No. DES-4-02 In the matter of Mohammed Harkat heard at Ottawa, Ontario, Wednesday, October 27, 2004, pp. 220.
- ^ Transcript of proceedings - Federal Court File No. DES-4-02 In the matter of Mohammed Harkat heard at Ottawa, Ontario, Wednesday, October 27, 2004, pp. 133, 184-189.
- ^ a b Toronto Star, Did spy's affair taint case against terror suspect?, March 7, 2009
- ^ Bell, Stewart. National Post, Alleged Egyptian terrorist leaves house arrest for custody, March 17, 2009
- ^ Media for Social Change, Measuring Security Measures
- ^ Library of Congress, Federal Research Division. "Asian Criminal and Terrorist Activity in Canada", July 2003
- ^ [1]
- ^ CBC, [2], December 22, 2006
- ^ Freeze, Colin. Globe and Mail, Watching an al-Qaeda suspect costs up to $1-million a year, November 16, 2008
- ^ (French)Radio Canada, Mohamed Harkat arrêté, January 30, 2008
- ^ Toronto Star, Terror suspect wins right to see CSIS material, September 24, 2008
- ^ Toronto Star, Judge slams CSIS actions in Harkat terror case, May 27, 2009
Categories:- Algerian refugees
- Canadian Muslims
- Living people
- Applicants for refugee status in Canada
- People from Ottawa
- 1968 births
- University of Oran alumni
- Algerian emigrants to Canada
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