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Post by whatever on Mar 25, 2005 11:31:45 GMT -5
U.S. war deserter loses bid for refugee status
Thursday, March 24, 2005 Updated at 2:18 PM EST
Canadian Press
An American war dodger who fled the U.S. military because he believed the invasion of Iraq was criminal has lost his bid for refugee status in Canada in a case closely watched on both sides of the border.
In a written ruling released Thursday, the Immigration and Refugee Board said Jeremy Hinzman had not made a convincing argument that he faced persecution or cruel and unusual punishment in the United States.
"[The board] found that the claimants would be afforded the full protection of a fair and independent military and civilian judicial process in the U.S.," it said in a statement.
There was no immediate comment from Mr. Hinzman but his lawyer Jeffry House said he would ask the Federal Court to review the decision.
"Mr. Hinzman is disappointed," said Mr. House.
Mr. Hinzman, 26, deserted his regiment in January, 2004, just days before being deployed to Iraq.
During his three-day refugee hearing in December, he said any violent acts he would have committed had he gone to Iraq would have amounted to an atrocity because the war itself was illegal.
He said the U.S. military regarded all Arabs in the Middle East — Iraqis in particular — as potential terrorists to be eliminated and were referred to as "savages."
His case was bolstered by a former United States marine, who said trigger-happy American soldiers in Iraq routinely killed unarmed women and children, and murdered other Iraqis, in violation of international law.
Adjudicator Brian Goodman had previously ruled that the soldier's view of the legality of the war on Iraq could not be used to support his refugee claim.
As a deserter, Mr. Hinzman faces court martial if he returns to the United States and a potential five-year jail term.
A federal government lawyer said U.S. military deserters are normally sentenced to one year, but Hinzman said he would be treated more harshly because of his views on the Iraq war.
In any event, he said previously, having to serve even one day in prison would be too long because he was being prosecuted for acting on a political belief and for refusing to comply with an illegal order.Note "Hinzman said he would be treated more harshly because of his views on the Iraq war" As if torture isn't a real concern. And is if Canada doesnt know it. So much for Canada. Next?
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