The Department of Homeland Security has appealed the al-Jailani ruling. At the time of writing, it remained unclear if the U.S. government will seek assurances from the Yemeni authorities or if it will simply argue that al-Jailani would not be at risk of torture upon return, even in the absence of assurances. Canada The Canadian government seeks and secures diplomatic assurances for returns in some cases where there is an acknowledged risk of torture, including for persons subject to “security certificates.” Such certification by the executive authorizes the government to detain a person—suspected of being a threat to the security of Canada—for an unspecified period without charge or trial; present secret evidence, not available to anyone except the government and a judge, in closed hearings to which detainees and their lawyers do not have access; and to deport him or her.137 At the time of writing, there were several hearings and judicial reviews scheduled, and decisions pending, to determine the validity of some security certificate cases. Some of these procedures address the issue of whether security certificates in individual cases are “reasonable” and others review prior assessments of the risk of torture that detainees subject to security certificates might face if deported. Canadian courts have not yet been willing to permit the government to breach the absolute ban on refoulement in these particular cases. Human rights groups and various segments of civil society have severely criticized the continuing use of security certificates, correctly pointing out that the process violates the prohibition against indefinite detention, internationally recognized procedural guarantees, and the absolute obligation not to send a person to a country where he or she would be at risk of torture.138 Prior to deportation, Canadian immigration authorities normally conduct a protection assessment to determine whether an individual would be at risk of torture upon return. However, if a security certificate is deemed “reasonable” by a judge, the ability to 137 Immigration and Refugee Protection Act 2001 (IRPA), Division 9 (sections 76-87) [online] http://laws.justice.gc.ca/en/I-2.5/text.html (retrieved March 2, 2005). The law does not expressly provide for the indefinite detention of foreign nationals suspected of posing a national security threat to Canada. The law permits the government to detain with the intention of deporting a suspect. A judge can release a suspect if a deportation cannot be effected within a reasonable time if the person does not pose a danger to national security. If a judge determines that a person would pose a threat to national security and deportation cannot be effected, then indefinite detention is a possibility given the loopholes in the law. 138 See, Amnesty International Canada, “Take Action: Security Certificates, Time for Reform,” March 2005 [online] http://www.amnesty.ca/take_action/actCertificates_300305.php (retrieved March 31, 2005). See also Letter from Amnesty International Canada to Minister of Public Safety Anne McLellan, March 31, 2004, in which Amnesty criticized the use of security certificates and “urges Canada to adopt a response to security concerns that does not result in violations of such fundamental human rights as the protections against arbitrary detention and torture.” Copy on file with Human Rights Watch. 47 HUMAN RIGHTS WATCH VOL. 17 NO. 4(D)