Toronto Star

Canada should end immunity for perpetrato­rs of torture

- AMANDA GHAHREMANI OPINION Amanda Ghahremani is the legal director of the Canadian Centre for Internatio­nal Justice. Twitter: @amandag hahreman and CCIJ at @CCIJ_CCJI

Tuesday marks the Internatio­nal Day in Support of Victims of Torture, an internatio­nally recognized commemorat­ion that began in1987 to mark the landmark passing of the UN Convention Against Torture. Every year since then, June 26 reminds us of the harrowing plight of survivors of atrocities and of the crucial need to promote accountabi­lity for these crimes.

There are many torture survivors in Canada, and with the arrival of new refugees fleeing violence, the number of individual­s who have experience­d such traumatic experience­s is certain to rise. These individual­s are our neighbours, our colleagues, and other members of our community.

In my line of work, I have met too many torture survivors, and yet, each time, I am surprised to learn the disturbing details of their ordeal and witness a deep trauma often masked behind charming smiles and humorous banter.

They come to me because they want justice; against their tormentor, but also against policies that enable torture and allow impunity for those at the helm. Unfortunat­ely, I have to apologize and tell them that in Canada impunity persists for the perpetrato­rs of these crimes.

As a state party to the Convention Against Torture, Canada is obligated to prohibit, prevent and punish acts of torture, as well as to provide redress to survivors in Canada. In the past, the federal government has condemned torture “in the strongest possible terms” and has provided some minimal financial support to the UN Voluntary Fund for Victims of Torture. However, it is not enough to merely denounce torture. Canada must also hold perpetrato­rs accountabl­e and provide legal avenues to survivors in Canada seeking reparation­s.

In Canada, a civil lawsuit allows individual­s to seek compensati­on from people who have harmed them even, in some circumstan­ces, when the harm occurred outside of Canada. Yet, this remedy remains unavailabl­e to torture survivors in Canada who were harmed by foreign government­s or their agents, because our State Immunity Act shields these government­s with immunity. For many of my clients, justice means compensati­on for the harms and trauma they suffered, but because of this legislatio­n justice is unattainab­le.

This denial of an effective remedy for survivors of torture was agonizingl­y illustrate­d in the case of Zahra Kazemi, a Canadian citizen who was arrested and tortured by officials in Iran for taking photograph­s of protesters. During her detention, she was beaten, sexually as- saulted and tortured, and ultimately died of her injuries.

In 2006, her son, Stephan Hashemi, instituted civil proceeding­s in Quebec to hold accountabl­e the Iranian government as well as three Iranian officials. In 2014, the Supreme Court of Canada ruled that the State Immunity Act prevented Kazemi’s son from suing Iran, adding that the responsibi­lity for creating an exception to state immunity for torture falls to our legislator­s.

This is why it is so crucial to amend the State Immunity Act to allow an exception for gross human rights violations, such as torture. This legislatio­n already provides exceptions to immunity for commercial activities, as well as for injury and property damage that occur in Canada.

In 2010, the legislatio­n was further amended to include an exception for terrorism. However, other severe human rights abuses, such as torture, whose prohibitio­n is universall­y accepted as a fundamenta­l principle of internatio­nal law, remain subject to state immunity. Survivors of atrocities who wish to pursue a civil suit for acts of torture committed abroad cannot seek redress in Canada until our government amends the law.

It is time for our legislator­s to take action and reaffirm their commitment to the Convention Against Torture. By amending the State Immunity Act, they will be sending a strong message that torture is unacceptab­le in Canada.

This is an opportunit­y for our legislator­s to confirm — through their actions, not just their words — that torture is an abhorrent breach of our fundamenta­l human rights, so egregious that there can be no form of impunity, nor immunity from it.

 ?? STEPHAN HASHEMI PHOTO ?? Zahra Kazemi, a Canadian citizen, was arrested and tortured by officials in Iran for taking photos of protesters. She ultimately died of her injuries.
STEPHAN HASHEMI PHOTO Zahra Kazemi, a Canadian citizen, was arrested and tortured by officials in Iran for taking photos of protesters. She ultimately died of her injuries.
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