Canada Denies Refugee Status for Jeremy Hinzman, U.S. Deserte

Los Angeles Times
25 March, 2005

TORONTO - 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 if sent home, Canada's Immigration and Refugee Board said 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.

Hinzman maintained that the U.S.-led war in Iraq was illegal and that he feared he would have to commit atrocities if he was sent there. His case was undercut by the refugee board's refusal to consider the legality of the war.

The ruling said Hinzman's reasons for refusing to fight in Iraq were "inherently contradictory" because he was willing to serve in a noncombat 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 noncombatant," the refugee board said.

"The Federal Court clearly sets out that one cannot be a selective conscientious objector."

The ruling also noted that Hinzman was not opposed to war in general, given that he supported U.S. actions in Afghanistan.

The refugee board said Hinzman had not given enough evidence to indicate that he would be denied due process if sent back to the United States or face especially harsh treatment because he was a deserter.

Hinzman's lawyer immediately said he would appeal the decision to the federal courts.

The soldier, who could face five years in prison if he is returned to the United States, will be allowed to remain in Canada during the appeal. The tribunal also rejected the asylum claims of Hinzman's wife and young son.

Hinzman, who served in a noncombat role in Afghanistan, said he decided to leave after military officers ignored his requests to be registered as a conscientious objector.

The soldier, born in Rapid City, S.D., enlisted in 2000 to get college funds. In a December refugee hearing, he said he refused to go to Iraq because he was "unwilling to kill babies."

The U.S. Army has said a decision on whether to court-martial Hinzman or grant him an administrative discharge could be reached only after he returned. His appeals could take several years.

It is believed that about 100 U.S. soldiers have deserted and gone to Canada since the start of the Iraq war two years ago.

http://www.latimes.com/news/nationworld/world/la-fg-refugee25mar25,1,2659674.story

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Hinzman to appeal Refugee Board decision

The Immigration and Refugee Board (IRB) today rejected U.S. war resister Jeremy Hinzman's claim for refugee status in Canada. Hinzman and his lawyer, Jeffry House, immediately announced that they would appeal the decision to the Federal Court of Canada. "Jeremy has a very strong refugee claim. Unfortunately the IRB refused to allow him to present a crucial part of his case: the illegality of the US invasion of Iraq," said House. "We are confident that the Federal Court will correct this and overrule the IRB decision."

Speaking on behalf of the War Resisters Support Campaign, Lee Zaslofsky expressed disappointment at the decision. "Of course we are disappointed. The technicalities of the refugee process were allowed to obscure the justice of Jeremy's case. But we will continue to campaign to get the Government of Canada to open our doors to all U.S. Iraq War resisters."

The War Resisters Support Campaign, which was launched in early 2003, took the position from the beginning that U.S. war resisters should not be sent back to face incarceration or even a possible death sentence for refusing to participate in an illegal war. "Canada must not become an enforcement arm of the U.S. military, handing over to certain punishment courageous young men whose only offense was to follow Canada's own example," said Carolyn Egan, a Campaign spokesperson.

Hinzman is the first of seven US war resisters who have applied for refugee status in Canada. The others are still waiting for their hearings to be scheduled. "Canadian law requires that each refugee claim be considered on its own merits." said House. "We will pursue the other claims every bit as vigorously as Jeremy's claim."

"It seems like the Martin Government is dithering over what to do about US war resisters who come to Canada. But this issue will not just go away, and Mr. Martin should face up to the need to provide sanctuary to them. It is simply wrong to leave them in limbo, facing either jail terms or long term uncertainty. Pierre Trudeau was proud to offer access to Canada as a "refuge from militarism" during the Vietnam War - Paul Martin should do likewise for those who cannot in good conscience take part in the Iraq War," said Zaslofsky.

For further information:
WAR RESISTERS SUPPORT CAMPAIGN
Lee Zaslofsky 416 598 1222 or 416 369 0864
Carolyn Egan 416 806 7985
resisters@sympatico.ca -- 416 598 1222

Refusing to Kill

See also Jeremy Hinzman's website