CANADA MUST BE HELD TO ACCOUNT IF EXTRADITED BASQUE IS HARMED

The Celtic League have written to the Canadian government expressing concern at the decision to extradite a Basque, Iban Apalaoza Sancho, to Spain.

The League have pointed out that the Spanish government has an appalling record in relation to the treatment of Basque prisoners and the League Secretary General says that Canada will be responsible should any harm occur to Iban Apalaoza Sancho (see below):

"The Honourable Robert Douglas Nicholson Minister of Justice and Attorney General of Canada 284 Wellington Street Ottawa, Ontario K1A 0H8

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23/10/08

Dear Honourable Robert Douglas Nicholson

Deportation of Iban Apalaoza Sancho

The Celtic League was saddened to learn about the Canadian Court ruling to agree to deport Iban Apalaoza Sancho to Spain earlier this month.

The Spanish authorities have been widely accused in the past of employing methods of torture against detainees in order to extract confessions. We firmly believe that following his deportation, Mr Apalaoza Sancho, will be subject to similar treatment by the Spanish state police. We are further concerned that the evidence provided for the deportation request, by the Spanish authorities for Mr Apalaoza Sancho, has been alleged to have been based on confessions obtained by torture.

Over many years international human rights NGO's and the European Commission for the Prevention of Torture (CPT) has reported systematically that various methods of torture have (and probably) been used by the Spanish police against detainees. Also, on the 20th and 21st October 2008 the Spanish authorities were called up to give evidence to the United Nations Human Rights Committee on their obligations to meet the criteria set out under the International Covenant on Civil and Political Rights. The Committee asked the Spanish authorities specifically to:

"...indicate whether investigations into complaints of ill-treatment and torture are carried out in accordance with the Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly in its resolution 55/89; and, in particular, what transparent and equitable procedures have been established by the State party to make it possible to conduct investigations into complaints of ill-treatment and torture involving the security forces and to permit those responsible for such inquiries to investigate complaints of ill-treatment and torture in complete independence."(Articles 6 and 7 of the Covenant).

The Canadian Immigration Department's statement that Mr Apalaoza Sancho is not in any danger of torture by the Spanish police is therefore fallacious and naive in the extreme. We therefore ask on what evidence the Canadian Immigration Department has based their judgement.

We are aware of the Canadian court ruling that laws on rights to challenge the legality of detention are not applicable to non-Canadian citizens, but Mr Apalaoza Sancho case should be made an exception in consideration of the fact that he has lived in Canada for a number of years, had a job, broke no laws while he was resident in Canada and the reason for his recent detention is based on evidence that is dubious to say the least. The habeas corpus writ to challenge the continuing detention of Mr Apalaoza Sancho, should at least have been heard in view of his circumstances.

We would therefore like to know if the Canadian authorities will take an interest in the future wellbeing of Mr Apalaoza Sancho, when and if he is finally deported. In addition, we would also like to know if the Canadian authorities will accept its role and responsibility in the affair, if Mr Apalaoza Sancho is subsequently tortured on his return to the Spanish state.

We look forward to hearing from you.

Yours sincerely

Rhisiart Tal-e-bot

General Secretary Celtic League

CC Prime Minister Stephen Harper Honourable Diane Finley, Minister of Citizenship and Immigration"

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J B Moffatt Director of Information Celtic League 26/10/08