human rights or concern for the individual safety and well-being of Adil Charkaoui. In order to deport Mr. Charkaoui to Morocco, the Canadian government would have to invoke the Suresh “exception” to the international ban on torture and refoulement, and send him back to the risk of torture. In fact, the August 2004 security review itself arrived at the very same conclusion. Anne Arnott, the minister’s delegate writing for the government, concluded that even if the government has underestimated the risk to Charkaoui, the “extraordinary danger” he constitutes to Canada’s security justifies sending him back to Morocco.150 In February 2005 the Canadian government acknowledged an outstanding Moroccan arrest warrant for Charkaoui. In light of this, Canadian immigration officials agreed to re-evaluate the August 2004 security review that concluded that Charkaoui could be deported.151 Hearings to determine whether Charkaoui’s security certificate is “reasonable” were held in February and March 2005. The hearings were suspended at the time of writing, pending issuance of the new risk assessment. Case of Mohamed Zeki Mahjoub On February 1, 2005, a Canadian federal court ruled that the Canadian government was prohibited from deporting one of the “secret trial five”—Egyptian national Mohamed Zeki Mahjoub, a recognized refugee alleged to be a member of the Vanguards of Conquest, a faction of Egyptian al-Jihad al-Islamiya.152 The judge in Mahjoub ruled that it was “patently unreasonable” for the government to deport Mahjoub when the minister’s delegate who made the determination did not have access to confidential informational in the government’s dossier.153 The court ruled that an independent and proper assessment of the risk Mahjoub posed to Canada’s security required a review of at least some of that information. 150 Décision ERAR dans le dossier de M. Charkaoui, p. 20: “Dans l‘éventualité où j’aurais sous-estimé le risque auquel M. Charkaoui est confronté, je suis convaincu qu’il répond au critère établi dans l’arrêt Suresh et que le danger extraordinaire qu’il constitue pour law sécurité du Canada l’emporte sur le risque qu’il court advenant son retour au Maroc. Par conséquent, on ne doit pas lui permittre de rester au Canada.” 151 Letter from the Canadian Department of Justice to the Canadian Federal Court in the Matter of Adil Charkaoui, March 14, 2005, stating that a new risk assessment would be conducted and Charkaoui would have a new opportunity to make submissions to the Minister’s delegate regarding his risk of torture or ill-treatment if returned to Morocco. Copy on file with Human Rights Watch. See also Sue Montgomery, “Canada Won’t Enforce Moroccan Arrest Warrant,” The Montreal Gazette, March 16, 2005, A2. 152 Mahjoub v. Canada (Minister of Citizenship and Immigration) [2005] F.C.J. No. 173, January 31, 2005 [online] http://decisions.fct-cf.gc.ca/fct/2005/2005fc156.shtml (retrieved February 26, 2005). 153 The delegate was appointed by the Minister of Citizenship and Immigration. HUMAN RIGHTS WATCH VOL. 17 NO. 4(D) 52