A/HRC/7/3/Add.1
page 35
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Country
Date
Type
Mandate
Allegations transmitted
Government response
detention under a security certificate since then.
His certificate was upheld in October 2001 and he
was denied bail in November 2003 and again in
November 2005. Mahmoud Jaballah was arrested
under a security certificate in August 2001, days
before the hearing on his asylum claim. He had
previously been detained under a security
certificate for seven months in 1999 before a
judge quashed the certificate. The second
certificate was quashed by a judge as well, but, a
third certificate having been issued, he was not
released. Hassan Almrei was arrested under a
security certificate in October 2001 and his
certificate was upheld by a judge the same year.
He has been refused bail twice. While de jure in
immigration detention, the three men have spent
most of the more than five (in the case of Mr.
Mahjoub, more than six-and-a-half) years of their
detention in a provincial (criminal) high-security
prison, several of those years in solitary
confinement. Mohammad Mahjoub, Mahmoud
Jaballah and Hassan Almrei are now detained at
the Kingston Immigration Holding Centre. The
three men are currently on a liquids-only hunger
strike. As of today (30 January 2007), Mohammad
Mahjoub has been on hunger strike for 67 days,
while Mahmoud Jaballah and Hassan Almrei have
been on hunger strike for 56 days. They have
been drinking only orange juice and occasionally
clear broth. The authorities in charge of the
Kingston Immigration Holding Centre are not
medically monitoring their vital signs (i.e., blood
pressure, cardiac and respiratory rate) and
detention and their conditions of detention are
under active judicial scrutiny. The detainees are
being housed at the Kingston Immigration Holding
Centre (KIHC), which opened in 2006 specifcally
for the purpose of housing persons who are
subject to security certificates. Although it is within
the confines of the federal penal institution of
Millhaven Penitentiary at Bath, Ontario, the KIHC
is a separate facility operated by the Canada
Border Services Agency (CBSA), the
governmental agency responsible for enforcing
Canada's immigration laws. The KIHC allows
individuals held under security certificates to be
housed in isolation from the Millhaven general
inmate population. Correctional Services Canada
(CSC), the govemment department that is
responsible for federal penitentiary administration,
acts as a service provider to the CBSA. Pursuant
to the Memorandum of Understanding between
the two organizations for the operation of the
KIHC, CBSA is responsible, with the support of
CSC, for ensuring that all appropriate
arrangements with medical and health care
practitioners are in place to provide essential and
emergency health care services. The CBSA
provides funding for a nurse to respond to the
needs of the KIHC detainees. Force feeding of a
detainee who has the capacity to understand the
consequences of fasting at the time he made the
decision to fast is expressly not permitted. This is
consistent with the principle that no medical or
psychological care can be imposed without the
detanee’s consent. Without providing specific
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