Two years after her return, Canadian police charge woman with terrorism offences – JURIST

The Royal Canadian Mounted Police announced Saturday the arrest and prosecution of Kimberly Polman, who allegedly traveled to Syria and joined ISIS in 2015. Polman will appear in Vancouver Provincial Court on August 2.

Polman was charged with two terrorism offences: leaving Canada to participate in the activities of a terrorist organisation and participating in the activities of a terrorist organisation, in violation of sections 83.181 and 83.18 of the Criminal Code. Both offences carry a maximum sentence of 10 years in prison.

Polman’s former lawyer Lawrence Greenspon expressed surprise at the charges, claiming that Polman has strictly complied with the conditions imposed on her by the court’s peace bond and is receiving counseling to help her reintegrate into the Canadian lifestyle. A peace bond is a court protection order against a person who is likely to commit a crime without there being reasonable grounds to believe that a crime has actually been committed. Polman’s peace bond required Polman to regularly report to a probation officer and wear electronic monitoring devices. She was also prohibited from driving and leaving the province.

Polman was not the only person returned to Canada in October 2022. Another returnee, Oumaima Chouay, was soon charged with “providing, making available, etc., property or services for terrorist purposes” and conspiracy to leave Canada to participate in the activities of a terrorist group, in addition to the two offences Polman is currently accused of. Greenspon felt at the time that because police did not file charges against Polman, they “did not have the same evidence against Polman as they did against Chouay.”

Canadian Prime Minister Justin Trudeau said the government was committed to holding individuals accountable for supporting terrorism when asked about the government’s stance shortly after Polman’s repatriation.

Polman is believed to have left Canada in 2015 and travelled to Syria to join ISIS. In March 2019, a US-led international coalition managed to gain control of the last remaining part of ISIS’s self-declared territory. Since then, human rights groups say foreign nationals living there have been considered arbitrarily detained in northeast Syria and denied the right to have the legality of their detention reviewed.

In particular, the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism raised concerns about Polman’s appalling detention conditions in Syria. In his letter to the Canadian government in 2021, the Special Rapporteur stressed that the government had an obligation under international law to facilitate Polman’s return, end her “indefinite arbitrary detention,” and protect her and other Canadian inmates from the risk of serious human rights violations. These potential human rights violations included the failure to ensure prisoners’ right to adequate health care during COVID-19, the failure to prevent human trafficking, and the inability to protect the right to food and health under the International Covenant on Civil and Political Rights.

Human Rights Watch (HRW) similarly condemned Canada for failing to make consular efforts to establish direct contact with prisoners, let alone improve prison conditions. HRW believed that the government’s failure to take action was a breach of its international legal obligation under the Convention against Torture.

Canada, on the other hand, refused to send diplomats to Syria in early February, citing security concerns and the safety of its diplomats. However, Canada also rejected former US Ambassador Peter Galbraith’s offer to bring Polman back in February 2022. At the time, Galbraith said:

Canada’s position appears to be this: It is too dangerous to send our diplomats to Syria to assist Canadian citizens detained there, but we will provide consular services to any Canadian who can reach a Canadian diplomatic mission. However, Canada will not allow a Canadian detained in Syria to actually reach a Canadian diplomatic mission.