appeal on 10 May 2004 by the Ontario Court of Appeal and 21 October 2004 by the Supreme Court. Charter, and that his detention in solitary confinement, while the Federal Court was reviewing the reasonableness of the security certificate, was unlawful and unconstitutional. 2.11 With reference to the review of the certificate proceedings, the author submits that “secret” evidence was submitted against him, to which neither he nor his lawyer had access. No witnesses were called against him during the hearing and the only evidence against him consisted of 5 volumes mainly of newspaper articles, other media articles, website printouts, extracts from books and similar materials written by people who the Ministers failed to call as witnesses. Unsuccessful motions were brought to have the Presiding Judge of the Federal Court (the Presiding Judge) step down from the case because of bias, including the fact that he was the former Solicitor General who was in charge of the Canadian Security Intelligence Service (CSIS), the organization providing all the evidence against the author during the time period in question. On the last of these motions, the Federal Court of Appeal held, on 23 November 2004, that he had fallen short of meeting the high threshold required to establish a reasonable apprehension of bias. At the time of the author’s and State party’s submissions, the author was still awaiting a decision of the Supreme Court of Canada as to whether it would hear an appeal of this decision (see para. 4.18 below on the Supreme Court’s decision). 2.14 The hearing of the reasonableness of the security certificate was completed on 4 November 2004. The Federal Court upheld the reasonableness of the security certificate in reasons issued on 24 February 2005. It found that the evidence in support of the certificate conclusively established that the author was a danger to the security of Canada. The author took no further legal steps to prevent the deportation made possible by the Federal Court’s decision, and was deported from Canada to Germany on 1 March 2005, where he was promptly arrested on charges of publicly denying the Holocaust. On 14 February 2007, the Regional Court of Mannheim convicted the author of incitement to racial hatred and for denial of the Shoah, and sentenced him to five years imprisonment. The complaint 3.1 The author claims violation of articles 7 and 10 due to his prolonged detention from February 2003 to March 2005 and his conditions of detention. He complains that he suffers from depression as a result of his prolonged detention in solitary confinement. He also complains that: he is not allowed to have a chair in his cell; he is not allowed to wear shoes; lights are on 24 hours a day in his cell and only dimmed slightly at night; he is not allowed to use a pen, only a pencil stub; he is not allowed to take his herbal medicines for his arthritis and high blood pressure; his request to see a dentist was ignored for one year; he is only allowed ten minutes a day outside and has no access to any gym or other facilities for walking or exercising; the cell in winter is cold, so that he has to wrap himself in sheets and blankets; the food is always cold and of poor quality; mail is often withheld for weeks; there are numerous unnecessary strip searches; he suffers from a “mass” in his chest which “may or may not be” cancerous. Despite being aware of this condition for over a year, the authorities refused to grant him bail. 2.12 On 21 January 2004, the judge presiding at the security certificate and detention review hearing ordered the author’s detention to continue, as he was found to present a danger to national security. The Court found that the author was directly involved with and had consulted a number of individuals who were within “the violent racist and extremist movement.” Despite the author’s contention that his involvement was limited to a general interest in their ideas, the Court found the author had dealt with these individuals to a great extent and in some cases, had funded their activities. The Court determined that the Ministers had met the test for establishing reasonable grounds to believe that the author was a danger to national security, warranting his continued detention. The Presiding Judge refused to grant bail although the author is not violent. The author contends that he is not entitled under the Act to any appeal against the decision of the Presiding Judge to deny him bail. 3.2 The author claims a violation of article 9, paragraph 1, because of the failure of the State party to ensure the security of his person, in particular, because of the failure to investigate and prosecute 2.13 On 24 November 2004, the author filed a Statement of Claim in the Federal Court, claiming that the provisions of the Act under which he was detained violated sections 7, 9 and 10 (c) 5 of the Section 9: “Everyone has the right not to be arbitrarily detained or imprisoned.” Section 10: “Everyone has the right on arrest or detention (a) to be informed promptly of the reasons therefore; (b) to retain and instruct counsel without delay and to be informed of that right; and (c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.” 5 Section 7 of the Charter: “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” 22