A/HRC/7/3/Add.1 page 35 Para 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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