Urgent Support Needed for Amir Kazemian

Posted by admin on Feb 18th, 2007

URGENT SUPPORT NEEDED FOR AMIR KAZEMIAN! Rally on Monday Feb 19 at CIC office, 300 West Georgia at 9am.

This is an URGENT email asking you to support Amir Kazemian. Amir is an Iranian refugee who has been in sanctuary at St. Michael’s Church in Vancouver since June 2004 – that is 2 years and 8 months. On the evening of Saturday, February 17th, Amir was arrested and detained by the Vancouver City Police and is being held in detention by Canadian Border Services Agency.

Your support for Amir, through immediate calls, e-mails and faxes to the contacts listed below, IS VITAL. There will likely be other ways to support him in the coming days as well so please look for further communication about this.

The main demands to be presented at this time are that:
1) Canadian Border Services Agency release Amir from detention and allow Amir to remain in Canada pending a decision on his H & C
2) Citizenship and Immigration Canada make a decision on the H & C application on an expedited basis. Amir’s application is currently with the CIC in Ottawa, pending a decision.

Amir’s decision to publicly seek sanctuary has touched and inspired hundreds of supporters. For almost 3 years, Amir has lived in a precarious situation and now his life is literally hanging in the balance. He needs his friends, families, and allies now more than ever to stand beside him as he struggles through a situation that few of us could imagine, let alone bear.

For more information, you can contact:
Norrie Valencia, Anglican Refugee Network norrie@dowco.com
Harsha Walia, No One Is Illegal Vancouver  (778) 885-0040 or noii-van@resist.ca
Naomi Minwalla, Barrister & Solicitor (604) 689 –8100 
Tamineh Sadeghi, Iranian Federation of Refugees (604) 763-1446

Please find below:
(1) A press release with details about Amir’s arrest
(2) Recent media reports
(3) Background information on Amir’s case
(4) TAKE ACTION: sample letter with whom to contact

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Iranian Refugee Arrested and Forced out of Sanctuary by Vancouver City Police

In an unprecedented move on Saturday night, the Vancouver City Police arrested and detained Amir Kazemian, an Iranian refugee who had been in sanctuary at St. Michael’s Anglican Church for 2 years and 8 months.

Mr. Kazemian had called the Vancouver Police Department to file a complaint about an unrelated matter.  In the past, the police had, on numerous occasions, attended St. Michael’s Church and cooperated with Mr. Kazemian, including seeking assistance from him for a criminal matter that they were investigating last year.  “I have always cooperated with the police, they have visited me on many occasions at the church, and they have always respected my position in sanctuary,” said Mr. Kazemian. 

It is not clear why the police officer chose to arrest and detain Mr. Kazemian in this instance.  No criminal charges arose and the arrest took place inside the church, violating the tradition of sanctuary and forcing Mr. Kazemian to leave in handcuffs.

The Vancouver Police Department immediately turned Mr. Kazemian over to the Canada Border Services Agency who is holding him in detention.   For the last nearly three years, both the police and the Canada Border Services Agency had respected Mr. Kazemian’s status in sanctuary and chose not arrest him, despite there being an outstanding warrant to arrest for deportation to Iran since June, 2004.

Mr. Kazemian’s lawyer, Naomi Minwalla, is requesting that the Canada Border Services Agency release Mr. Kazemian from detention pending a decision on his outstanding application for permanent residence on humanitarian and compassionate (H & C ) grounds.  The H & C application is currently with Citizenship and Immigration Canada officials in Ottawa. 

Ms. Minwalla stated, “This is not a case where the CBSA deliberately detained Mr. Kazemian.  The arrest by the Vancouver City Police appears to have been a mistake. We filed 7 volumes of new evidence and 141 pages of arguments which demonstrate that Mr. Kazemian is at grave risk, including risk of torture or death, if he were returned to Iran.  Mr. Kazemian is a survivor of torture who is severely traumatized.  Under the circumstances, to continue his detention or to remove him to Iran would be unconscionable.” 

Mr. Kazemian’s case is the longest sanctuary case in Canadian history. There has been only one other instance where the police arrested someone in sanctuary within the confines of a church. In 2004, police arrested Algerian born Mohamed Cherfi for allegedly violating his bail conditions. Cherfi was deported to the United States where, a year later, he was granted asylum.

The Primate of the Anglican Church of Canada, Archbishop Andrew Hutchison, who has been a firm supporter of Mr. Kazemian from the beginning, advises that he deeply regrets the actions of the police and calls upon the Canada Border Services Agency to release Mr. Kazemian at once. “The Anglican Church of Canada continues to support Mr. Kazemian and calls upon the government to resolve this matter in a positive way as quickly as possible”, said the Archbishop.

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Police arrest Iranian living in Anglican church
David Carrigg, The Province
Published: Monday, February 19, 2007

An Iranian refugee who has spent almost three years holed up in a Vancouver church is in custody after a clash over a laptop.

Tami Sadeghi, spokeswoman for the Federation of Iranian Refugees, is upset with the police action.

Until Saturday night, Vancouver police had visited Amir Kazemian at St. Michael’s Anglican Church on East Broadway several times without arresting him. Kazemian has lived there since June 2004, when he failed to get refugee status and fled to the sanctuary of the church.

Sadeghi said Kazemian had a good relationship with police and only called for help on Saturday after a man threatened him. Kazemian had allowed the man into his room inside the church to show him a laptop he was selling, Sadeghi said.After the deal went bad, the man abused Kazemian and left.

“He was threatened, he was frightened and he called police,” she said.

Naomi Minwalla, Kazemian’s lawyer, said Kazemian was handcuffed inside the church and removed.”They’ve made a mistake,” said Minwalla, who last month provided fresh information to Canadian immigration authorities she claimed proves her client was tortured in Iran and is at risk if he returns. “This is not a case where the [agency] deliberately detained Mr. Kazemian,” she said. “The arrest by the police appears to have been a mistake.”Mr. Kazemian is a survivor of torture who is severely traumatized. Under the circumstances, to continue his detention or to remove him to Iran would be unconscionable.”

Archbishop Andrew Hutchison, head of the Anglican Church of Canada, said yesterday he supports Kazemian, who, he said, will “likely” be killed if he returns to Iran. Kazemian’s case is the longest sanctuary case in Canadian history.

dcarrigg@png.canwest.com

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BACKGROUND INFORMATION ON AMIR KAZEMIAN AND HIS HUMANITARIAN AND COMPASSIONATE CLAIM

Amir Kazemian, 40 years of age, had been in sanctuary in St. Michael’s Anglican Church in Vancouver where he had been granted asylum since June 2004.

Amir is a survivor of torture who came to Canada and filed a refugee  claim in 1997.  Amir fears for his life from the Iranian authorities due to his father’s political activities for which his father was imprisoned on numerous occasions and also due to Amir’s own
political activities that led to his own imprisonment and torture from 1983 to 1984. At one point, Amir was beaten so badly that he ended up in a coma. Upon the last arrest of his father in 1997, Amir fled from Iran to Canada fearing his own impending arrest.

In 2000, Amir’s mother came to Canada and filed a refugee claim based on the same set of facts as Amir.  In a manner that reveals the arbitrariness of the current refugee determination system, Amir’s mother has been allowed to stay on the basis of the persecution her husband and son faced, while Amir was forced into sanctuary in order to
protect his life. Amir’s mother, who is deeply traumatized, is now a permanent resident of Canada whose emotional well-being is dependent on Amir remaining close to her.

Amir and his family are not just a case number or file number. Hissituation is precarious, his life in jeopardy if he is deported back. Amir has been diagnosed as suffering from Post Traumatic Syndrome and suffers from extreme anxiety and depression. His mother suffers from high blood pressure, anxiety and depression.  Amir has the support of the Anglican Diocese, as well as dozens of community groups, women’s centres, human rights organizations, and refugee advocates.

In January 2007, Amir’s lawyer filed a Humanitarian and Compassionate (H&C) application with 7 volumes of new evidence and 141 pages of arguments which demonstrate that Amir is at grave risk, including risk of torture or death, if he were returned to Iran. There is extensive documentation produced by renowned international human rights organizations that illustrate the grave situation in Iran- human rights abuses, arbitrary detention, no freedom of dissent, severe repression of political dissenters, extra judicial killings, torture and rape. This is the reality that refugee claimants face if deported back to Iran.

Amir’s case is the longest sanctuary case in Canadian history. There has been only one other instance where the police arrested someone in sanctuary within the confines of a church. In 2004, police arrested Algerian-born Mohamed Cherfi for allegedly violating his bail conditions. Cherfi was deported to the United States where, a year later, he was granted asylum.

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SAMPLE LETTER IN SUPPORT OF AMIR KAZEMIAN

Included below is a sample letter. Please direct all letters to the following people:

==> The Honourable Diane Finley
Minister of Citizenship and Immigration
House of Commons, Ottawa, Ontario, K1A OA6
Phone:(613) 996-4974        Fax:(613) 996-9749
Email: minister@cic.gc.ca and Finley.D@parl.gc.ca

==> The Honourable Stockwell Day
Minister of Public Safety and Emergency Preparedness
House of Commons, Ottawa, Ontario, K1A OA6
Phone:(613) 995-1702        Fax: (613) 995-1154
E-Mail: Day.S@parl.gc.ca

==> Rob Johnson, Director of Canadian Border Services Vancouver
Phone: (604) 666- 2308

Regarding: Detention of Amir Kazemian

I am writing to you to express my grave concern over the detention and possible deportation of Amir Kazemian.

Over the close to three years that Amir has been in sanctuary in St. Michael’s Anglican Church, he has become a well known member of the Vancouver community and his story has inspired hundreds of supporters across the country. I was deeply concerned upon learning of the arrest and detention of Mr. Kazemian on Saturday February 17, 2007 in what appears to be a violation of the tradition of sanctuary by Vancouver City Police.

In granting Mr. Kazemian asylum in June 2004, the Anglican Diocese recognized the grave danger that he faces if deported to Iran. Both Amir and his father were politically active in opposition to the Khomeni regime in Iran.  His father became the leader of an opposition party that is struggling to achieve democracy and Amir was involved with his father politically.  They were tortured for this and also imprisoned at different times for 1 and 7 years respectively. Amir fled to Canada in 1997 in the hopes of establishing a new and safe life. Amir still suffers from documented Post Traumatic Stress Disorder and extreme anxiety and depression as a result of the torture he suffered, including having been beaten into a coma by Iranian officials.

Amir’s mother has been granted asylum and permanent residency on the basis of the persecution her husband and son faced, while Amir had been forced into sanctuary in order to protect his life. Thus, there was a serious discrepancy in the manner in which the evidence was treated in Amir’s case.

There is extensive documentation produced by renowned international  human rights organizations that illustrate the grave situation in Iran- human rights abuses, arbitrary
detention, no freedom of dissent, severe repression of political dissenters, extra judicial killings, torture  and rape. This the reality that Mr. Kazemian faces if deported back to Iran.

These serious concerns for Mr. Kazemian’s safety are well documented in his Humanitarian and Compassionate application, filed in January 2007. This H & C presented 7 volumes of new evidence that deserves to be considered seriously given the level of risk that Amir faces.

Despite the obstacles in their path, and the suffering they have endured, Amir and his mother have integrated well into Canadian society. Amir has the support of the Anglican Diocese, as well as dozens of community groups, women’s centres, human rights organizations, and refugee advocates.

I respectfully demand the following that:

1) Canadian Border Services Agency release Amir from detention and allow Amir to remain in Canada pending a decision on his H & C

2) Citizenship and Immigration Canada make a decision on the H & C application on an expedited basis. Amir’s application is currently with the CIC in Ottawa, pending a decision.

3) Minister Finley and Minister Day exercise their ability to rectify this whole ordeal for Amir by stopping all removal orders against Amir and granting him residency.

Thank you for your consideration of this very urgent matter.

Sincerely,

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