Recent cases, however, indicate that despite the Suresh “exception,” the courts have been appropriately reluctant to permit the government to breach the absolute ban on torture, including the nonrefoulement obligation, even in cases where security certificates have been issued. Case of Adil Charkaoui The government of Canada is currently holding four Arab men in prison without charge based on secret evidence under security certificates.141 A fifth man, Adil Charkaoui, a Moroccan national, was released on bail on February 17, 2005, after a judge determined that any alleged imminent threat he posed to Canada—based on suspicions that he was associated with suspected terrorists—had been “neutralized” due to Charkaoui’s twentyone month detention in prison.142 Together the men constitute the so-called “secret trial five.” Charkaoui’s release was a rare development as he is only the second person ever released while still subject to a security certificate. While the court imposed release conditions, such as regular reporting to the police, the decision is striking insofar as it determines that despite the security certificate, any potential danger Charkaoui presented had “eased with time.”143 Denied Protection While Charkaoui was still in custody, Canadian immigration officials and government authorities determined that he would be at risk of abusive treatment if deported. In August 2003, Canadian immigration authorities completed a pre-removal risk assessment confirming that Charkaoui would be at risk of torture, and possibly death, if returned to Morocco.144 A “security review” conducted in August 2004 by the Immigration Intelligence Division of the Canadian Border Services Agency, however, concluded that the government should not grant protection to Charkaoui, labeling him a danger to the security of Canada.145 141 The four men and their countries of origin are: Mohammad Mahjoub (Egypt); Mahmoud Jaballah (Egypt); Hassan Almrei (Syria); and Mohamed Harkat (Algeria). Mahjoub has been in prison since June 2000, Jaballah since August 2001, Almrei since October 2001, and Harkat since December 2002. 142 In re Charkaoui, [2005] CF 248, DES-3-03, February 17, 2005. 143 The judge also noted that Charkaoui’s verbal agreement to abide by his bail conditions, coupled with numerous sworn statements from a variety of people from all walks of life who supported his release, gave the court an opportunity to evaluate its trust in him. Ibid. 144 Opinion sur les risques avant renvoi, Adil Charkaoui, Dossier: 2948-DSC-40, ID: 3109 4479, Montreal, Quebec, August 21, 2003, copy on file with Human Rights Watch. 145 Décision ERAR dans le dossier de M. Charkaoui, No. Dossier SSOBL: 3109 4479, Examen sécuritaire (RZTZ), Renseignement immigration, Agence des services frontaliers du Canada, Ottawa, Ontario, August 6, 2004, copy on file with Human Rights Watch. 49 HUMAN RIGHTS WATCH VOL. 17 NO. 4(D)