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Non-Status Algerians on Trial -- Fighting Criminalization of their Struggle

Anonyme, Wednesday, June 23, 2004 - 18:34

No One Is Illegal-Mtl

 
On May 29th, 2003 10 non-status Algerians and 2 supporters occupied then-Immigration Minister Denis Coderre's Ottawa office.

BACKGROUND INFO:
-- A brief history of the Action Committee for Non-Status Algerians' struggle
-- The story of the arrest on May 29th

 
The trial of nine non-status Algerians and two supporters will resume on Monday, June 21st and June 23rd to June 25th. The eleven accused are charged with "mischief" for occupying then-Immigration Minister Denis Coderre's Ottawa office last May 29, 2003. The protesters were arrested by an Ottawa police tactical squad whose members indiscriminately used tasers (electric guns) and fists against unarmed protesters. High-ranking Immigration bureaucrats and RCMP officers were also involved in the operation.

Last week, 5 out of the 31 police witnesses from Ottawa Police Services took the stand. The initial trial testimony heard from witnesses representing security at Immigration Canada and Ottawa Police officers did little to prove mischief. Moreover, their testimony has confirmed that
senior-level officials with Immigration Canada were actively involved in the decision to expel the protesters, despite ongoing negotiations.

Following the crown's evidence, the defence intends to make a motion for a "stay of proceedings" due to the excessive and brutal force employed by the Ottawa police (some of which was captured on video). The defence motion will also highlight the fact that one key witness for the defence
(and a former co-accused), Mohamed Cherfi, is not available to testify because he was deported to the United States after his sanctuary was violated in Quebec City this past March 5, 2004. Another co-accused has already been deported to Algeria, but he remains charged and tried in abstentia.

The trial accused thanks everyone for their support, especially the "welcoming committee" in Ottawa. We call again on your support and solidarity during the reaminder of the trial. There are two main ways you can help :

---> Make a donation!

In addition to legal fees, the accused have several costs associated with the trial, including travel between Montreal and Ottawa. Whether $5 or $100, your donation helps! Please make cheques out to the Libertas Legal Collective and mark "May 29th trial" in the memo field. Please mail cheques to:

Libertas Legal Collective
C/o QPIRG Concordia
1420 Sherbrooke Street West, Suite 404
Montreal, Quebec
H3G 1K5

[If you are sending a cheque, please let us know by e-mail or by phone: noii...@resist.ca or 514-859-9023.]

---> Attend court!

Your physical presence in court is appreciated, and sends a clear message that the accused enjoy community support. Please note the following updated court dates :

Monday, June 21
Wednesday, June 23
Thursday, June 24
Friday, June 25

The trial takes place at the Ottawa Courthouse, located at 161 Elgin Street. The trial is usually in courtroom #8. Court hours are generally from 10am to 4:30pm, with a break for lunch.

If you are from Montreal, and would like a ride to Ottawa, please contact noii...@resist.ca or phone 514-859-9023. We will do our best to arrange rides.

Background information to the trial is provided below.

Once again, thank you for your support and solidarity.

-- The May 29 Trial Support Team

(noii...@resist.ca, 514-859-9023)
----------

BACKGROUND INFO:
-- A brief history of the Action Committee for Non-Status Algerians'struggle
-- The story of the arrest on May 29th

THE STRUGGLE

The Action Committee for Non-Status Algerians has been organizing against the deportation of non-status Algerians for almost three years. Their struggle intensified in April 2002, when then-Immigration Minister Denis Coderre lifted the moratorium on deportations to Algeria, leaving over 1000 non-status Algerians facing removal to a country still torn by civil conflict and brutal violence.

In October 2002, their dynamic struggle won a partial victory. After months of public meetings, petitions, demonstrations, meetings with immigration bureaucrats -- and after the Bourouisa family sought sanctuary in a Montreal Church -- Immigration Canada and Immigration Quebec announced the implementation of a special Joint Procedure for the regularization of some non-status Algerians. However, numerous individuals are excluded from that regularization procedure, and so the Action Committee has continued to fight for justice.

On May 29, 2003, 10 non-status Algerians and 2 supporters from the No One Is Illegal Campaign of Montreal, Sarita Ahooja and Andrea Schmidt, entered the waiting room of Coderre's Ottawa office. They were delivering a letter
demanding a face-to-face meeting with the Minister and a just solution for individuals facing deportation to Algeria because they are excluded from the regularization process put into place by Canada and Quebec Immigration. Since Coderre had repeatedly refused to meet or dialogue with
members of the Action Committee, those delivering the letter decided to remain in the waiting room until he committed to the meeting.

THE CRIME

The police response to the action was brutal. At approximately 10:30PM, members of the Ottawa Police Services tactical squad, in coordination with the RCMP, charged the people occupying the waiting room. After forcing
them to the ground, the police beat and Tasered many of the men on their necks, backs, torsos and genitals. One man was bashed in the head with the butt of a Taser gun, leaving a large and bloody gash on his forehead. Another man's tooth was broken when he was punched in the face by a
police officer. Several men received Taser burns on the backs of their neck, backs and arms. These wounds have resulted in permanent scarring. The 12 individuals were arrested, charged with mischief over $5,000, and released
from jail the next day.

THE TRIAL

Almost one year to the day after the police attacked the unarmed protesters peacefully waiting in the immigration minister's waiting room, the people they brutalized will be tried summarily in Ottawa court. The trial will open on Tuesday, June 1st, 2004 at the Elgin Street Courthouse
in Ottawa. It is scheduled to resume between June 7-10, June 21 and June 23-25.

THE STAKES

In fact, when the trial opens, only 10 of the 12 accused will be able to be present. Immigration Canada deported one man to Algerian last fall, and his ability to return to Canada to be reunited with his wife depends on the results of the trial. A second defendant, Mohamed Cherfi, was
deported to the United States on March 5th 2004 after having sought sanctuary in a Quebec City church. Mohamed was refused status in Canada for being a committed and articulate leader of the non-status Algerians' movement
over the past two years. His involvement in the protest on May 29th was cited by several Immigration officials as the reason his application for landed status in Quebec was rejected. Mohamed is currently incarcerated in a New
York State prison as he awaits the decision on his asylum claim in the US to be rendered at the end of June. If his claim is denied, as is the case with 95 % of asylum claims made in the US, he will be deported to Algeria where he faces great danger in light of his outspoken criticism of the Algerian government and his struggle for justice for all non-status Algerians in Canada.

Indeed, all the non-status defendants' ability to remain in Canada where they have built their lives and struggled courageously for status depends on the outcome of this trial. They need YOUR support to win a victory that will not only remove one obstacle to gaining status but also make it clear to the Ottawa Police, the RCMP and Immigration Canada that the racist and brutal attack on non-status people demanding justice was the only criminal act that took place in Coderre's office on May 29th 2003.

Thank you in advance for your support. We'll see you in court.

In solidarity and struggle,
-- The May 29th Trial Support Team

noii...@resist.ca
514-859-9023



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