[Photo: Mohammad Momin Khawaja]

By Habib Siddiqui

Habib Siddiqui

In the late 1970s, I came to Canada for higher studies in chemical engineering. I had the rare opportunity there of being taught by some of the professors whose former students included my teacher – professor Nooruddin Ahmed who would later become the vice chancellor at BUET, Dhaka. In my short stay, I found the Canadian people very warmhearted and friendly. Perhaps, it is that national character, which has earned Canada much respect on the international front for its commitment to peace and human rights. 

However, something has gone drastically wrong since 9/11 when the country joined Bush and Blair’s perennial ‘War on Terror’. Much of the Muslim world was transformed into a test lab to try the efficacy of the newer killing machines and armaments. Israel’s latest genocidal campaigns inside Gaza and Lebanon are just footnotes in that long crusade. Hatred of Islam and Muslims became the norm rather than the exception. Following Bush’s declaration of ‘you are either with us or against us’, global detente was forged amongst many Islamophobic nation-states to cripple and destroy one Muslim nation-state after another. 

Equally problematic has been the treatment of Muslims residing in non-Muslim countries – from India, Myanmar, and Australia down south to Europe, Canada, and the United States of America up north. Muslims were demonized and dehumanized. By default, they were considered a national threat: either suicide bombers in waiting or members of the ‘sleeper cells’. In that calculus, it is the established international laws and regulations regarding human rights are ignored and even the local customary laws were violated. 

Canada, sadly, remains an example of that abuse of human rights. Many legal and human rights experts have criticized Canada’s justice system, particularly concerning the treatment of prisoners in solitary confinement. American journalist and lawyer Glenn Greenwald criticized the post-9/11 justice system, arguing that it unfairly targets Muslims with a separate set of rules designed to ensure harsh sentences. 

As I have noted in the past, the case of Momin Khawaja shows a blatant disregard for human rights, dignity, and decency.

## The Case of Momin Khawaja

– Background: Mohammad Momin Khawaja, a Canadian with no prior criminal record, was sentenced under anti-terrorism laws to 10.5 years in prison by a trial judge, which was later increased to life plus 24 years by the Supreme Court of Canada.

– Academic Achievements: Khawaja is a sociology graduate, journalist, and author of academic books on various subjects, including women in the ancient world and North American colonization.

– Incarceration: Despite being acquitted of involvement in a London case, Khawaja has spent over 21 years in prison, with his time in solitary confinement amounting to 1400 days, raising questions about the fairness of his treatment.

## Legal Challenges and the Canadian Justice System

– Class Action Lawsuit: A class action lawsuit (Brazeau v Canada, Reddock v Canada, Gallone v Canada) highlighted the questionable policies regarding solitary confinement, with the government found guilty of violating inmates’ rights in Ontario and Quebec.

– International Law and Human Rights: The prolonged solitary confinement of Khawaja, particularly after an assault by another inmate, has been criticized for violating Canadian Bills of Rights and International Law.

## Comparisons and International Perspectives

– Maher Arar Case: Similar to Khawaja, Maher Arar, a Syrian-Canadian engineer, was wrongfully arrested and tortured with the alleged complicity of Canadian authorities, leading to a formal apology from Prime Minister Stephen Harper after a commission of inquiry.

## The Fallacy of “Momin Khawaja – a Mechanism of Radicalization”

– Criticism of the Canadian Intelligence Project: The project, which was not part of the legal proceedings, has been accused of fabricating evidence and promoting a narrative of fear without factual support, contributing to a perceived bias against Muslims in the justice system.

– Impact on Public Perception: The narrative surrounding Khawaja has been challenged for undermining the integrity of academics and for perpetuating fear and hatred based on religious identity.

In summary, the case of Momin Khawaja and the broader issues of solitary confinement in Canada raise significant concerns about the application of justice and the treatment of prisoners, particularly those from Muslim communities. It challenges the nation to live up to its ideals and to ensure that its justice system is fair, equitable, and respectful of human rights.

## Recommendations

– Human Cost: The irreparable damage caused by solitary confinement and torture cannot be compensated with monetary settlements alone.

– Need for Systemic Change:  I call upon Prime Minister Trudeau and the Minister of Justice and Security to take immediate action to release Momin Khawaja and other victims of the 9/11 tragedy who have no blood in their hands and to reform the justice system to uphold the principles of law and justice for all Canadians.

Dr. Habib Siddiqui is a peace and human rights activist.