CANADIAN RESPONSE ON FLEEING IRAQI REGIME OFFICIALS

S E C R E T OTTAWA 001252 SIPDIS E.O. 12958: DECL: 05/02/2013 TAGS: MARR MOPS PREL XG XH IZ CA SUBJECT: CANADIAN RESPONSE ON FLEEING IRAQI REGIME OFFICIALS REF: (A) STATE 98747 (B) STATE 102827 Classified By: Political Minister Counselor Brian Flora, Reasons 1.5 (b) and (d). SEE ACTION REQUEST PARA 2. ¶1. (SBU) In response to reftel requests, the Canadian Department of Foreign Affairs and International Trade (DFAIT) provided us the following response on April 29: "The issue of apprehending and dealing appropriately with persons who have allegedly committed crimes against humanity or war crimes requires international cooperation and multilateral approaches. The policy of the Canadian Government is unequivocal. Canada is not and will not become a safe haven for foreign nationals who have committed war crimes, crimes against humanity or other reprehensible acts regardless of when or where they were committed. One of the purposes of the Canada's Crimes Against Humanity and War Crimes Program is to ensure that Canada complies with its international obligations. This includes the investigation, prosecution and extradition or surrender of alleged war criminals, as well as cooperation with international tribunals. Extradition to a foreign government or surrender to an international tribunal may occur upon request in accordance with Canadian law. Also, the provisions contained in Canada's Crimes Against Humanity and War Crimes Act govern criminal prosecutions in Canada. The Crimes Against Humanity and War Crimes Act provides for the prosecution of individuals present in Canada for any offense stated in the Act regardless of where the offense occurred. For crimes committed outside Canada, the Act may be applied retroactively. In terms of administrative remedies, the Immigration and Refugee Protection Act provides grounds of inadmissibility to Canada for persons alleged to have committed war crimes and crimes against humanity. The Act renders inadmissible senior officials of regimes which have been designated by the Minister of Citizenship and Immigration as being involved in terrorism, systematic or gross human rights violations or crimes against humanity. The governments of Iraq under Ahmed Hassan Al-Bakr and Saddam Hussein have been so designated. The individuals named in your demarche would appear to be subject to the provisions of this designation. Individuals who pose a danger to the public of Canada will be detained under the Immigration Act. The Department of Citizenship and Immigration (CIC) liaises closely with our international partners and is currently aware of over 300 Iraqi officials who are inadmissible to Canada. Overseas missions, ports of entries and offices in Canada are on the alert for officials form the listed Iraqi regimes. Furthermore, information-sharing agreements between Canada and the US allow for the exchange of information with the Department of Homeland Security and the Consular Affairs Branch at the US State Department." ¶2. (S) ACTION REQUEST: DFAIT officials subsequently informed us that all of the Iraqi officials listed in reftel B are inadmissable to Canada. They asked if this list can be declassified so that CIC headquarters can it with their immigration officials worldwide. Please advise. CELLUCCI