Subject : Torture by imprisonment. Immigration Canada use detention asmean to extort consent. The innocent, asylum seekers, suffer monthsbehind bars.
Contact person : Alexander Kopylov, Detainee (IPC, # 301D)
Department of investigation and removals/Immigration Canada inMontreal use detention as a mean to extort consent or to force thosedetainees to act in a certain way, as part of its daily practice.
Supposed by law to be « preventive », detention may be used in a caseof a) a danger for society; b) unclear identity; c) risk of escape.But it is often used as a method of pressure within investigations andremovals, led by the department.
[1] In all cases, total term/duration of detention in immigrationprevention center (IDC), Laval is hidden from detainees. Being asked,agents, members of IRB and lawyers refused or could not tell whetherdetention is limited or what is the maximum term permitted by the lawin Canada. The term may be arbitrarily extended every month and isperceived by victims as practically unlimited.
[2] In some cases, the victims are placed to IDC without properrelevance to the charges, permitted by the law. For instance, asylumseekers are arrested during interview on ground « risk of escape »,even if they present themselves to the immigration office voluntarilyand have proven history of conditions follow-up.
On August 31st 2006, Igor Kartsev has been re-arrested and placedagain in IDC after he's been relaeased on bond from 5 ½ monthsdetention, every week he has reported himself to Immigration Canada,followed up all conditions of his release and has come voluntarily forinterview.
In his case, detention has been used by the department to force him toleave Canada with a false passport while he tried to obtain a properone from consulate of his country.
[3] In other cases detention continues even when initial reasondoesn't exist anymore. For instance, when deportation order cannot beenforced.
Alexander Kopylov is detained in IDC (Laval) for six months even afterImmigration Canada has clearly stated that the deportation orderissued against him cannot be enforced without his consent.
In this case, detention is used as a mean of pressure to extort hissignature for travel documents which permit to send him to a countryhe refused to go and from which he's been asking protection in Canada.
Kopylov is preparing his application to federal court against Canadato stop the tortures.
[4] Also, release from detention can be granted without any tangiblechanges in case. A Syrian detainee has been detained for 8 1/2 monthsand then released on July 2006. No significant changes have occured inhis case during the several last months of detention.
Later, after 11/2 month of freedom, he's been re-arrested also withoutreasonable charges. Being psychologically broken by there-arrestation, he has sign the documents and has been deported toSyria. Thus, his consent has been extorted by use of detention undertorture
In all cases, detention was a latent form of torture, even if formallyhidden (and sometimes not!) under legal-like reasoning. Also,detainees are innocent people and due to arbitrary decisions ofimmigration Canada, asylum seekers suffer months of imprisonment.
IDC (Laval), department of investigations and removals, ImmigrationCanada still remains a place in Canada where human rights are severelyviolated, a territory out-of-law.
Detention on immigration grounds still remains in obscurity, far fromthe attention of Canadian and international public and human rightsorganisations.
While the issue of controversal « security certificates », whichallows to keep someone suspected in terrorism or spying requires asignature of the Prime Minister and Minister of security, thoseinnocents detained on immigration grounds only, can be kept behindbars endlessly ? by signature of IRB member or opinion of immigration officer.
Source : http://www.solidarityacrossborders.org/ 2006
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