the numerous threats and attacks on his person and property outlined above. like his historical views, he has never been charged with inciting hatred against Jews or any other group in Canada, notwithstanding the efforts by many groups to have such charges laid against him. He claims that he is being held under national security allegations based solely on his belief that there are numerous aspects of the established historiography on the fate of the Jews during World War II that require further research and revision, and on his work in sharing that information with others. He argues that this is the type of activity that articles 18 and 19 are designed to protect, and that the national security charges against him are politically motivated and arbitrary, in violation of these articles. 3.3 He claims a violation of article 9, paragraph 3, because of his alleged arbitrary and prolonged detention and because of the denial of bail. Although he was detained under national security legislation, he has never been informed of the “real” case against him. According to counsel, the Government has admitted that the case against him does not prove that he is a threat to national security. Thus, it is in the secret proceedings that the real case against him is being presented to the judge without the author being privy to this information or given an opportunity to contest it. The detention hearing was not considered in a timely manner and it took eight months to decide to refuse bail. Bail was refused even though he is not violent, has no criminal record in Canada and has a record of fulfilling all bail conditions imposed on him from 1985 to 1992 during criminal proceedings then in process. There is no appeal procedure to question the denial of bail. 3.6 Finally, he claims a violation of article 26, because over the years he has not been treated equally by the Canadian authorities, and has been subjected to discrimination and denied citizenship because of his historical and political opinions. Repeated complaints and prosecutions were made regarding the same publications including “Did Six Million Really Die?” These prosecutions were conducted under various statutes dealing with mail, crimes, human rights and national security, but all had the purpose of persecuting the author for his lawful opinions regarding World War II. The State party allegedly used the claim that he was a threat to the security of Canada to refuse his application for citizenship, thereby applying national security provisions in a discriminatory manner. 3.4 The author claims a violation of article 14, paragraph 1, as he was denied a prompt and fair hearing before a competent and impartial tribunal. He further claims a violation of article 14, paragraph 2, because he was not presumed innocent. The proceedings against him are not criminal but are under national security legislation. He is charged with no offence but classified as “engaging in terrorism”, “being a danger to the security of Canada”, “engaging in acts of violence that would or might endanger the lives or safety of person in Canada”, and “being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage” in the above-noted acts. He faces deportation to Germany, where he may face further prosecution for offences not applicable in Canada. He claims that he should be presumed innocent and afforded due process and that the Government should be required to prove its case beyond mere reasonableness. Finally the author claims a violation of article 14, paragraph 3, because of undue delay in bringing the case to trial, and a violation of all rights of due process and fair hearing as he reasonably assumes that the Presiding Judge of the Federal Court is biased against him, as the former Solicitor General of Canada and had direct ministerial responsibility for CSIS in 1989, within the time frame during which the author became an alleged security threat. 3.7 On the issue of exhaustion of domestic remedies, with reference to the proceedings pending in the Federal Court challenging his detention and the constitutionality of the legislation, the author claims that the case could take up to five years to be heard and argues that the pursuit of domestic remedies would be unreasonably prolonged. He adds that his detention is unlimited, because in the event the certificate was quashed as unreasonable, the Crown may issue a new certificate and start the entire process again. 3.8 The author claims not to have submitted his complaint to any other international procedure of investigation or settlement. The State party’s observations 4.1 On 9 March 2005, the State party challenged the admissibility of the communication on three grounds: non-exhaustion of domestic remedies, inadmissibility ratione materiae with respect to the claims under articles 9 and 14, and abuse of the right to submission with respect to the claims under article 9, paragraph 1. 3.5 The author claims a violation of articles 18 and 19, because in his view his detention is based on his opinions on historical matters and because of his expression of such opinions. He is classified as a national security threat because of what he allegedly might say in the future and what others might do who listen to him and read his materials. He has never been violent. Although the State party may not 4.2 The State party submits that the author is a leader of the white supremacist movement, with a long and notorious history in Canada. He has had associations with, and exercises influence over, 23