Posted on 02/08/2006 2:22:37 PM PST by proud_yank
Anti-war demonstrators gathered outside a Toronto court Wednesday where it was decision day for a U.S. military deserter who fled his post rather than serve in Iraq is asking to be allowed to remain in this country.
On Wednesday morning, the Federal Court began reviewing the case of former soldier Jeremy Hinzman, 27, who fled the 82nd Airborne Division in Fort Bragg, N.C., in January, 2004, to avoid service in Iraq and sought refuge in Toronto with his wife and son.
Outside the courthouse, protesters held up signs and banners declaring: 'Let war resisters stay.'
The court — which is also examining the case of a second deserter, Brandon Hughey — is to determine whether a decision by Canada's Immigration and Refugee Board last mark to deny Mr. Hinzman political asylum should stand.
Mr. Hinzman is the first U.S. service member to seek asylum formally in Canada because of his opposition to the war in Iraq.
He requested asylum because of the fear of persecution in the United States for his refusal to take part in the controversial war, saying he would be committing a crime if he killed anyone during the course of the conflict because the war is illegal.
The refugee board, in turning down his request, refused to hear evidence as to the illegality of the war.
The case has drawn international attention and is being closely watched by people on both sides of the argument for the implications a ruling would hold for others in a similar situation.
Some estimates have suggested that as many as 200 U.S. military personnel are secretly in Canada to avoid the war. About 20 are now trying to gain refugee status.
Mr. Hinzman, who now works as a bike courier, faces a court-martial and possible jail time if sent home.
Speaking with CBC ahead of Wednesday's hearing, Mr. Hinzman said he saw changes in himself during the course of his service with the U.S. military.
"I felt I was losing myself, what makes me human and that I was just turning into some sort of, sort of robot," he said.
High-profile human-rights groups Amnesty International and the University of Toronto-based International Human Rights Clinic have also taken up Mr. Hinzman's cause and are seeking intervenor status in the case.
"Amnesty International considers that there is a significant risk that he would be imprisoned for one to five years for having left the armed forces without authorization, despite the fact that he had taken reasonable steps to obtain exemption from combatant duties on the grounds of his conscientious objection," Amnesty International said in a statement.
"If he is forcibly returned and imprisoned, Amnesty International would adopt him as a prisoner of conscience."
At Wednesday's hearing, Mr. Hinzman's lawyer Jeffry House, representing both Mr. Hinzman and Mr. Hughey, argued that the immigration board's erred by refusing to hear evidence about the legality of the war in Iraq.
He also said that relying on the U.S. justice system to deal with the men amounts to asking them to "throw themselves into the fire."
At the earlier immigration hearing, that board said Mr. Hinzman was not a conscientious objector because, despite his opposition to the war in Iraq, he was not a pacifist. As well, the panel argued that the United States is a democratic country with its own legal system and prosecution for his actions cannot be equated with persecution.
If the Federal Court sides with Mr. Hinzman and Mr. Hughey, their cases would likely be sent back to the immigration board.
They figured it was free money and a weekend each month in an armory, marching in circles.
The only things this jagoff lost were his spine and his balls (if he ever had them in the first place.) Hopefully, he loses his freedom as well.
I guess that light never turned on in their heads when they were training with weapons and learning combat strategy. Libs have a pretty keen grasp of the obvious.
The dims next presidential candidate?
Everyone one of them should be given an additional month on their hard labor sentence for every day they spent in Canada.
Let Canadia keep him, I say, but he can never, ever step foot in the U.S. again. Even if he needs a decent doctor.
Kind of in tune with Paul Hacket's campaign, no?
I would say so.
I would say precedent had already been made. What basis were the VietNam dodgers allowed to stay?
Because they were "drafted" rather than enlisted?
If this is the case, this guy of his own volition signed on to military duty. He did not complete his enlistment obligation and he should be made to return to the U.S. to face charges according to the laws under which he enlisted.
Otherwise he is a liar and Canada is abetting a liar through their legal system.
This isn't refuge, or CO status at all.
I agree he should be allowed to stay in Canada, In fact he should be required to stay in Canada and never be allowed to re-enter the United States not even for his mothers funeral. Erase all records in his name and delete his
citizenship.
If Canada wants these people they are welcome to them.
Deserter in time of war = war resister? Are these peiople nuts. He should be put against a wall and shot.
you know what p*sses me off most about this??? the press this little chicken liver has gotten because he is too afraid to do what he signed on to do. NOW, how many soldiers have re-upped because they KNOW what they are fighting for is right, and how many of THOSE stories have you read in MSM. i say dress him like mohammad and drop him in front of a Danish embassy. lol
Vietnam era draft resisters were allowed to stay because Canada considered draft evasion to be a civil affair, not a crime.
This guy is not a "resister" in any legal way, he is a deserter from the American Military and as such, is liable to criminal punishment.
I say have the scumbag extradited from Canada, convict him for desertion, and throw him in damn cell with Taliban Johnny. That ought to make the two of them happy as larks.
Come back and check on them in 10 years.
and this for a war that is just like Viet Nam. LOL
That is the most heartless thing I have heard in a long time. And I like it! :-)
thank you. i may live in Canada, but i am Amerian to bone. heehee
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