法庭查明,提交人直接参与了那些“暴力种族主义者和极端主义者运动”,并与该运动的某些成员进行过协商。
The Court found that the author was directly involved with and had consulted a number of individuals who were within “the violent racist and extremist movement”.
尽管提交人辩称,他的参与只限于对他们思想观念方面的一般兴趣,但法庭查明,提交人与这些个人具有相当大深度的交往,并在某些情况下为他们提供了活动资金。
Despite the author's contention that his involvement was limited to a general interest in their ideas, the Court found the author had dealt with these individuals to a great extent and in some cases, had funded their activities.
法院裁定,上述两位部长达到了确立具有合理理由认为提交人对国家安全形成威胁而有必要继续对之实行羁押的标准。
The Court determined that the Ministers had met the test for establishing reasonable grounds to believe that the author was a danger to national security, warranting his continued detention.
尽管提交人无暴力行为,但主审法官仍拒绝批准保释。
The Presiding Judge refused to grant bail although the author is not violent.
提交人辩称,根据《难民保护法》他无权就主审法官拒绝他的保释决定提出任何上诉。
The author contends that he is not entitled under the Act to any appeal against the decision of the Presiding Judge to deny him bail.
2.13 2004年11月24日,提交人向联邦法院提出了申诉书,宣称对他实行羁押所依据的《难民保护法》条款违反了《宪章》第7条、第9条和第10条(c)款, 而且在联邦法院复审安全证书是否合理之际,对他进行单独羁押是不合法和有悖宪法的做法。
2.13 On 24 November 2004, the author filed a Statement of Claim in the Federal Court, claiming that the provisions of the Act under which he was detained violated sections 7, 9 and 10 (c) of the Charter, and that his detention in solitary confinement, while the Federal Court was reviewing the reasonableness of the security certificate, was unlawful and unconstitutional.
2.14 2004年11月4日,完成了对安全证书是否合理的审理。
2.14 The hearing of the reasonableness of the security certificate was completed on 4 November 2004.
联邦法院依照2005年2月24日颁布的理由,维持了安全证书的合理性。
The Federal Court upheld the reasonableness of the security certificate in reasons issued on 24 February 2005.
联邦法院查明,佐明证书的证据有说服力地确定,提交人对加拿大的安全形成危险。
It found that the evidence in support of the certificate conclusively established that the author was a danger to the security of Canada.
提交人未采取进一步的法律步骤阻止由于联邦法院的决定而可能实施的遣送出境,并于2005年3月1日被从加拿大遣送回德国。
The author took no further legal steps to prevent the deportation made possible by the Federal Court's decision,and was deported from Canada to Germany on 1 March 2005, where he was promptly arrested on charges of publicly denying the Holocaust.
在抵达德国之际,他因公开否认大屠杀的指控而当即遭到逮捕。
The author took no further legal steps to prevent the deportation made possible by the Federal Court's decision,and was deported from Canada to Germany on 1 March 2005, where he was promptly arrested on charges of publicly denying the Holocaust.
2007年2月14日,曼海姆州法院判定提交人犯有鼓吹种族仇恨和否认纳粹浩劫罪,判处他五年监禁。
On 14 February 2007, the Regional Court of Mannheim convicted the author of incitement to racial hatred and for denial of the Shoah, and sentenced him to five years imprisonment.
3.1 提交人宣称,他从2003年2月至2005年3月受到的长期监禁其监禁条件构成了违反第七条和第十条的行为。
3.1 The author claims violation of articles 7 and 10 due to his prolonged detention from February 2003 to March 2005 and his conditions of detention.
他申诉,由于长期遭受单独监禁,他患有抑郁症。
He complains that he suffers from depression as a result of his prolonged detention in solitary confinement.
他还申诉,他的囚室内不许有一张座椅,不许他穿鞋,24小时点着照明灯、只是在夜间稍微调暗些,不许他用笔、只许用铅笔头,不许他服用医治哮喘病和高血压的草药,长达一年来不理睬他要看牙医的请求,他每天只允许在室外放风10分钟,而且没有任何体操房或其他步行或锻炼的设施,冬天的囚室寒冷,他不得不将自己裹在床单和毛毯里,饮食总是冰冷且质量极差,邮件往往扣压几个星期,而且无数次没有必要的裸体搜查,他的胸部滋生了一个“块团”,“可能是、也可能不是”癌症块团。
He also complains that: he is not allowed to have a chair in his cell; he is not allowed to wear shoes; lights are on 24 hours a day in his cell and only dimmed slightly at night; he is not allowed to use a pen, only a pencil stub; he is not allowed to take his herbal medicines for his arthritis and high blood pressure; his request to see a dentist was ignored for one year; he is only allowed 10 minutes a day outside and has no access to any gym or other facilities for walking or exercising; the cell in winter is cold, so that he has to wrap himself in sheets and blankets; the food is always cold and of poor quality; mail is often withheld for weeks; there are numerous unnecessary strip searches; he suffers from a “mass” in his chest which “may or may not be” cancerous.
当局虽然知道一年多来的羁押情况,却拒绝允许他保释。
Despite being aware of this condition for over a year, the authorities refused to grant him bail.
3.2 提交人宣称,由于缔约国未能够确保他的人身安全,尤其是由于未能调查和追究以上所述的无数次对其个人和财产的威胁和攻击,因此,缔约国违反了第九条第1款。
3.2 The author claims a violation of article 9, paragraph 1, because of the failure of the State party to ensure the security of his person, in particular, because of the failure to investigate and prosecute the numerous threats and attacks on his person and property outlined above.
3.3 他宣称,由于对他进行了任意和长期的羁押,并拒绝保释,因此违反了第九条第3款。
3.3 He claims a violation of article 9, paragraph 3, because of his alleged arbitrary and prolonged detention and because of the denial of bail.
尽管依照国家安全立法对他实行了监禁,但他从未被告知指控他的“真正”案情。
Although he was detained under national security legislation, he has never been informed of the “real” case against him.
据律师称,政府承认,指控他的案情并未证明他是对国家安全的一种威胁。
According to counsel, the government has admitted that the case against him does not prove that he is a threat to national security.
因此,在秘密审理期间,指控他的真正案情提交给了法官,但提交人不知道这些指控,也没有机会就此提出反驳。
Thus, it is in the secret proceedings that the real case against him is being presented to the judge without the author being privy to this information or given an opportunity to contest it.
关于羁押问题的庭审未以及时方式进行,一直拖延了8个月才决定拒绝保释,尽管他无暴力行为、在加拿大无刑事犯科记录,并且有记录载明在1985年至1992年当初的刑事审理期间,恪守了对他规定的所有保释条件,但仍拒绝保释。
The detention hearing was not considered in a timely manner and it took eight months to decide to refuse bail.
Bail was refused even though he is not violent, has no criminal record in Canada and has a record of fulfilling all bail conditions imposed on him from 1985 to 1992 during criminal proceedings then in process.
对此,无上诉程序可对拒绝保释提出质疑。
There is no appeal procedure to question the denial of bail.
3.4 提交人宣称,他被剥夺了由一个合作和无偏倚的法庭及时和公正的审理的机会,因此违反了第十四条第1款。
3.4 The author claims a violation of article 14, paragraph 1, as he was denied a prompt and fair hearing before a competent and impartial tribunal.