.jpg)
Posted on 03/24/2005 12:36:56 PM PST by areafiftyone
TORONTO (Reuters) - A U.S. soldier who deserted because he opposed the war in Iraq does not qualify as a refugee and would not face excessive punishment for his actions if sent home, Canada's Immigration and Refugee Board ruled on Thursday.
Jeremy Hinzman, 26, was the first of several U.S. deserters to file asylum claims in Canada. He fled from the 82nd Airborne Division two years ago and sought refugee status in Canada.
Hinzman had maintained the U.S.-led war in Iraq was illegal and he feared committing atrocities if he was sent there.
The ruling said Hinzman's reasons for refusing to fight in Iraq were "inherently contradictory" because he was willing to serve but only in a non-combat role.
"Surely an intelligent young man like Mr. Hinzman, who believed the war in Iraq to be illegal, unjust and waged for economic reasons, would be unwilling to participate in any capacity, whether combatant or non-combatant," the refugee board said in its decision.
"The Federal Court ... clearly sets out that one cannot be a selective conscientious objector."
The ruling also noted that Hinzman was also not opposed to war given that he supported U.S. actions in Afghanistan.
"He decided to desert because he was opposed to the U.S. military incursion into Iraq, not because he was opposed to war generally," the decision read.
The refugee board said Hinzman had not given enough evidence to indicate he would be denied due process if sent back to the United States or treated especially badly because he was a deserter.
Hinzman's lawyer immediately said he would appeal the decision to the federal courts.
Hinzman, who could face up to five years in prison if he is returned to the United States, will be allowed to remain in Canada during the appeal.
The refugee tribunal also rejected the asylum claims of Hinzman's wife and young son.
Hinzman, who served in a non-combat role in Afghanistan, said he decided to leave after military brass ignored his requests to be registered as a conscientious objector.
His case was undercut by the refugee board's refusal to consider the legality of the U.S.-led war in Iraq, a major pillar of Hinzman's refugee claim.
Throw the book at him.
That's what I say! He never should have joined up if he didn't want to go into combat. What an idiot!
Who said that years of liberal brainwashing doesn't work?
That's what the next traitor will try.
Glad he's not granted asylum but you can bet the next coward won't make the same mistake in his pleadings.
Next coward will probably try Iceland. They seem to want to take in cowards!
Well, that didn't seem to work out quite like he planned, did it.
Someone should make sure the deserter stays put until they get his sorry tail on a plane or bus back to the U.S. for his little "vacation" in the brig.
Trajan88
Finally. Some common sense used by the judiciary. Of course, we had to go all the way to Canada to FIND it...
That's a bogus arguement. No one can make you pull the trigger on non combatants. The idea that the military could make him do it *or else* is the stuff of Hollywood fantasy.
Actually, Fischer is too crazy to be a coward. Did you see him - One step below the guy living under the overpass - Filthy, unkempt and raving. Hate to be the poor person having to sit next to him on the flight from Japan to Iceland.
He might have had a chance if there was a draft, but he VOLUNTEERED, and had no problems until he was asked to put himself on the line for his country.
He took the oath, he has to obey the rules. ((((PING))))! to my FRiends!
Time for a little recon, ranger style. He would be so welcomed back in his unit.
Wow! A legal decision that actually 'makes sense'. Imagine that! Pity the US Courts aren't capable of the same.
My cousin went to Canada in the late 60s, fearing the draft.
He was never drafted, stayed anyway. Became a Canadian citizen.
He is a raving leftist-enviro-whacko socialist. He believes the US is the source of most evil.
He is 62 years old, and has the mind of a college student (no offense to young folks).
Thinks of himself, as a Renaissance Man, an artist. College educated, but I suspect he sucks on his government.
Canada has taken quite a few knocks on this free wheeling site. I do say this. It is the ghosts of long dead veterans that sometimes prevail, in this nations memory.
It is not always the charismatic new vital highly charged figure of Pierre Elliot Trudeau. Canadians do not yet realise the damage this draft dodger did to Canada.
Kudos to the old Dominion.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.