UPDATE:
IRB ISSUES DEPORTATION ORDER AGAINST IVAN APAOLAZA SANCHO
Montreal, 13 May 2008 - This morning, IRB Board member Louis Dubé rendered his decision in Ivan Apaolaza Sancho's case, accepting that a key declaration in the case was provided under torture but nevertheless issuing a deportation order against him.
Mr. Apaolaza Sancho, a refugee claimant of Basque origin, has been detained at the Rivière-des-Prairies prison since June 2007. He was arrested by the RCMP, acting at the behest of the Spanish authorities, who alleged that he was a member of the Basque nationalist group ETA, a "listed entity" under Canada's Antiterrorism Act. Mr. Sancho vigorously denies the allegations. Nevertheless, the Minister has argued that Mr. Apaolaza Sancho is inadmissible to Canada on these grounds.
In his decision to issue a deportation order against Mr. Sancho, Commissioner Dubé relied SOLELY on the information contained in arrest warrants issued by the Spanish authorities, despite the fact that NO evidence was ever filed by the Canadian authorities to sustain the allegations in the warrants.
Mr. Dubé also discounted evidence that the allegations in the Spanish warrants are based on a declaration obtained by the Spanish police though the use of torture. Under Canadian and international law, information obtained under torture cannot be used in any judicial proceeding. While Mr. Dubé agreed that the declaration had likely been obtained under torture, he did not accept evidence that the allegations were based on this declaration.
"It seems that when police write words on a piece of paper, a disconnect is somehow created between the information they write and the same information in a detainee's declaration obtained under torture. This puts an impossible burden on Mr. Apaoloza Sancho," said Me. William Sloan, Mr. Sancho's lawyer.
"I am shocked that the tribunal could find that the only evidence against me was obtained under torture, while at the same time concluding that the Spanish allegations, which are based on that same evidence, are somehow valid. This decision makes a mockery of the prohibition against the use of evidence obtained under torture," said Mr. Apaolaza Sancho after hearing the decision.
As a result of this decision, Mr. Apaolaza Sancho is barred from making a refugee claim in Canada. He fears torture at the hands of the Spanish police if deported. Amnesty International has reported that torture is frequent in Spain in cases such as Mr. Sancho's.
Mr. Apaolaza Sancho will seek judicial review of the IRB's decision in the Federal Court. Though he has been ordered detained pending deportation, he will seek a writ of habeas corpus in order to be released from prison.
----
Update from the Freedom for Ivan Committee
Thursday, 17 April, is political prisoner's day. In Montreal, Ivan Apaolaza Sancho - a 36 year old Basque refugee claimant and political prisoner - has been in detention for over ten months.
Ivan is accused of having been a member of the ETA (an armed nationalist Basque organization); an accusation that he denies. He has been detained at Rivière des prairies Detention Centre since June 2007 and faces deportation solely on the basis of accusations made by the Spanish state; no actual evidence to support the allegations has been presented. Moreover, the allegations themselves seem to come from a confession obtained under torture (see below). If the Immigration and Refugee Board (IRB) Commissioner accept those allegations, Ivan faces deportation to Spain where he expects further arbitrary detention and possible torture.
Ivan is one of hundreds of Basque political prisoners, held at the behest of the Spanish state, often with the complicity of other states like Canada. For centuries, the Spanish state has inflicted intense and cruel repression on the Basque left-sovereignist movement (which enjoys broad support in Basque society). Today, following in Franco's footsteps, the state continues to use political repression as it attempts to dismantle the Basque movement's base of social support. Of the 18,721 people arrested in Basque country for political reasons between 1977 and 2002, 9200 people served jail time, 5300 people reported having been tortured, and 9 people were murdered during police interrogations.
On 24 March, the newly formed Freedom for Ivan committee organized a press conference in Montreal to publish evidence indicating that all of the allegations against Ivan originate from the "confession" a Basque woman made under torture while she was held incommunicado by Spanish police. Ivan's committee and lawyers called on Stockwell Day to immediately release Ivan and cease Canadian complicity in torture.
The following day, Ivan's lawyers argued in an IRB hearing that the case against Ivan should be thrown out for lack of evidence and because there are reasonable grounds to believe that the allegations are based on information obtained under torture, which is inadmissable under Canadian law. French legal expert Didier Rouget testified that Canada could also be breaking international law if it deported Ivan on that basis. The hearing will resume on 25 April.
In the meantime, Ivan underwent another routine detention review. Just two days before Political Prisoner day, the IRB Commissioner had another opportunity to cease participating in torture and repression - but refused.
BELOW:
1. Press release: "Canada is detaining a Basque refugee on the basis of torture information"
2. Media coverage of press conference and hearing
3. New letters of support (Ligue des droits; ACAT; CDHL)
4. Campaign demands and Backgrounder
5. How you can help
:::::PRESS RELEASE: "Canada is detaining a Basque refugee on the basis of information obtained under torture"
"Ivan Apaolaza Sancho, a refugee claimant of Basque origin, has been detained at the Rivière-des-Prairies prison since June 2007 and currently faces deportation proceedings, and all of this solely on the basis of allegations by the Spanish government. In spite of the numerous requests made by Mr. Apaolaza Sancho's lawyers, no evidence has been filed to support these allegations. Moreover, it seems that the accusations put forth by the Spanish government are based entirely on declarations made by a woman who was being held 'incommunicado' in Spain at the time. ..."Complete press release: www.cmaq.net/en/node/29565.
:::::MEDIA COVERAGE OF PRESS CONFERENCE AND HEARING:::::
--> Link to audio of the press coverage on CKUT 90.3 FM:
http://secure.ckut.ca/64/20080404.11.00-11.30.mp3 (download);
http://secure.ckut.ca/64/mp3.20080404.11.00-11.30.m3u (stream).
--> CP: Expert says Canada could break international law if terror suspect deported
"A French legal expert is warning Canada it will break international law if evidence obtained through torture is used to deport a suspected Basque terrorist. Didier Rouget, a lawyer who has represented several torture victims, suggested Thursday that Canada is walking a dangerous line if it returns Ivan Apaolaza Sancho to Spain. ..." Complete article: www.canadaeast.com/news/article/252057.
--> More mainstream media coverage (compilation):
http://nooneisillegal-montreal.blogspot.com/2007/12/nouvellesnews-ivan-apaol aza-sancho.html
:::::NEW LETTERS OF SUPPORT::::::
--> Letter from the Ligue des droits et libertés
"The claim of territorial inadmissibility by the Canadian authorities in the case of Ivan Apaolaza Sancho is based on allegations of belonging to a terrorist organization, the ETA, which have never been judged in court. Moreover, these allegations of the Spanish state appear themselves to be based on allegations obtained under torture, according to information provided by Mr. Apaolaza Sancho's lawyer. Canada has ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Article 15 of that Convention stipulates that no evidence that has been obtained under torture can be considered valid. ... If he is returned to Spain, Mr. Apaolaza Sancho faces a strong risk of being subject to torture or other cruel, inhuman or degrading treatment. In January 2008, Amnesty International called for an inquiry into the behaviour of the police force during the arrest of Mr. Igor Portu, a suspected member of the Basque independence organization, the ETA. According to doctors who examined him, he was admitted to emergency hospital care with severe wounds after the arrest (www.amnistie.ca/content/view/11282/107/). ... " (Our translation. For complete letter (in french only), email us at libertepourivan@gmail.com.)
--> Letter from Action chrétien contre la torture
"L'ACAT-CANADA (affiliated with International Federation of Action by Christians for the Abolition of Torture), which has consultative status at the United Nations and the Council of Europe, is very concerned by the situation of a Basque asylum seeker, originally from the city of Beasaín, detained since June 2007 at the Rivière-des-Prairies Detention Centre in Montréal. Facing forcible deportation to Spain, this man is at risk of torture or other forms of ill treatment with great injury to the security of the person. ... " (Our translation. For complete letter (in french only), email us at libertepourivan@gmail.com.)
--> Letter from Comité pour les droits humains en Amérique latine (CDHAL)
"We are writing to register our very great concern about the decision of the Canadian government to keep Mr. Ivan Apaolaza Sancho in detention without any evidence. Moreover, we are deeply concerned by the fact that the allegations are based on information obtained under torture. In addition to doubting the truth of such information, we are very concerned that the Canadian government would approve this type of practice ... " (Our translation. For complete letter (in french only), email us at libertepourivan@gmail.com.)
:::::DEMANDS AND BACKGROUNDER:::::
--> The Freedom for Ivan Sancho committee demands:
1- An immediate release of Ivan from detention and immediate freedom for all political prisoners.
2- A stop to Ivan's deportation and an end to Canadian complicity in the use of torture.
3- Refugee status for Ivan and an end to the two-tiered justice system for non-citizens in Canada.
--> Open letter by Ivan Sancho
"My name is Ivan Apaolaza Sancho, I am a graduate in sociology and my nationality is Basque. I have been detained at the Rivières-des-Prairies detention centre in Montreal since June 29th 2007 on the basis of an arrest warrant issued by the Spanish state (and with the help of Immigration Canada). ... " Full letter:
http://nooneisillegal-montreal.blogspot.com/2008/03/open-letter-by-ivan-apaolaza-sancho.html
--> Backgrounder: The Making of another Basque Political Prisoner in Canada
" Ivan is a 36 year old Basque man from the town of Beasaín. He first came to Canada six years ago. Ivan grew up in the Basque country where he was active in the student movement while attending the Universidad del País Vasco-Euskal Herriko Unibertsitatea (UPV-EHU). Like many Basques, he was also a sympathizer of the left-sovereignist party Batasuna. ...."
Full backgrounder, email us at libertepourivan@gmail.com.
::::HOW YOU CAN SUPPORT FREEDOM FOR IVAN:::::
At this point, Ivan and his supporters are asking organizations to:
1) Endorse the campaign demands (above).
2) Write a statement of support for Ivan in which we also encourage you to speak to the larger political issues behind his situation (Ivan would like this campaign to be explicitly political and to clearly denounce the actions of the Spanish authorities).
3) Write and if possible gather letters of support from individuals and organizations for the purpose of pressuring the Minister of Immigration and Minister of Public Safety to agree to our demands. (Letter writing guide available: email us at libertepourivan@gmail.com.)
4) Write letters to Ivan (email us for contact info).
5) Spread information about Ivan's case to your networks.
6) If you are in Montreal, get involved in Ivan's support committee!
--------------------------------------
The Freedom for Ivan Committee
libertepourivan@gmail.com
514-848-7583
