Posted on 11/16/2007 7:44:52 PM PST by skully
TORONTO (AP) – The Supreme Court of Canada has refused to hear the appeals of two U.S. Army deserters who sought refugee status to avoid the war in Iraq, leaving them without a legal basis to stay in Canada and dealing a blow to other Americans in similar circumstances.
Jeremy Hinzman, a former resident of Rapid City, S.D., and Brandon Hughey deserted the Army in 2004 after learning their units were to be deployed to Iraq to fight in a war they have called immoral and illegal. The court refused Thursday to hear their appeals, and, as is usual, did not provide a reason for the decision.
Jeffry House, defense lawyer for Hinzman and Hughey, who also represents 40 other U.S. military deserters, believes there are as many as 300 other American war resisters hiding in Canada who were counting on the Supreme Court’s decision.
“None of these cases are helped by today’s decision, and some of them are substantially harmed. I’m not able to say every single case is lost, but a good number of them are,” House said.
Hinzman and Hughey applied for refugee status in 2004. Hinzman, who had argued that he would have been taking part in war crimes if he had been deployed with his unit, claimed he would be persecuted if forced to return to the United States.
Canada’s Immigration and Refugee Board rejected their claims in 2005, ruling that they would not be at risk of “cruel and unusual treatment or punishment” if they returned to the U.S.
Canada’s Federal Court and the Federal Court of Appeal also refused to review the cases.
“(My clients) are basically taking the same position as Canada did regarding the war,” House said. “There’s a strong chance that they will be sent to jail if they return to the U.S and people should not be sent to jail for standing up for what they believe in.”
Canada opposed the U.S.-led invasion of Iraq and did not send troops.
The Pentagon has urged the deserters to return to the United States and take up their concerns at their respective military bases.
I believe I should be allowed to rob banks.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
Says it all when the Canuckistanis don’t want you either...
Only took them 35 years to get it right.
Send them through Vancouver and taze them!
/kidding, sort of
Army desertion up 80 percent since Iraq war
MSNBC | 11/16/2007 | AP
Posted on 11/16/2007 8:58:25 PM EST by mngran2
http://www.freerepublic.com/focus/f-news/1927012/posts
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.