孟晚舟反擊 控告加拿大政府不法拘押搜查 逼供侵权

(中央社渥太華3日綜合外電報導)華為技術有限公司財務長孟晚舟的律師團控告加拿大政府、加拿大邊境服務署和加拿大皇家騎警,稱孟晚舟憲法權益遭侵犯,被不法拘押、搜查和審訊3個小時。

路透社報導,孟晚舟的律師團1日向卑詩省最高法院提出民事訴訟,並說員警向孟晚舟取得證據和資訊的方式,嚴重違反加拿大權利與自由憲章。孟晚舟是華為創辦人任正非的女兒。

根據訴訟書,加拿大邊境服務署(Canadian Border Services Agency)官員蓄意不立即執行逮捕令,在逮捕孟晚舟之前,為從她身上取得證據,不法對她進行拘留、搜查和審訊。

訴訟書還指出,孟晚舟在機場遭「不法」拘留3個小時後,加拿大皇家騎警(Royal Canadian Mounted Police)才執行逮捕令。

目前加拿大司法部或加拿大皇家騎警都未立即做出回應。加拿大邊境服務署表示,在法院開審前,對此事不予置評。

獲保釋的孟晚舟預計6日上午10時在溫哥華出庭,並在當天確定她的引渡聽證會日期。加拿大政府1日批准啟動對孟晚舟的引渡程序。(譯者:陳昱婷/核稿:蔡佳敏)


被加拿大政府启动引渡法律程序的华为公司首席财务官孟晚舟1日绝地反击,控告加拿大多个政府部门在她拘押期间以不实名义对她进行逼供搜查,严重侵犯了她的宪法权益。

孟晚舟通过律师3月1日向加拿大英属哥伦比亚省最高法院对加拿大政府、加拿大边境服务局和加拿大皇家骑警提出民事指控。加拿大《环球邮报》3日援引法庭文件称,诉状指控加拿大边境服务局成员在她去年12月1日在温哥华转机期间,“以例行边防检查为借口,对孟女士实施非法拘押,并进行搜查和审问,以获取证据,然后才宣布她被捕了,并申明她根据宪章所拥有的权利”。

代表孟晚舟的Gudmundseth Mickelson律师楼星期天发表声明说,孟晚舟的宪法权益因此受到严重侵犯,诉讼并“为公职人员的行为过失和那些加拿大政府官员多次失职造成的虚假监禁寻求赔偿,以遵守法治”。

《环球邮报》说,这些指称尚未得到法庭的检验。加拿大联邦政府、加拿大边境服务局和加拿大皇家骑警方面也尚未就此发表辩护声明。

加拿大政府上星期五允许启动孟晚舟的引渡法律程序,引起中方强烈抗议。加拿大政府方面强调,这是依法行事。

加拿大司法部在一份声明中说:“加拿大是个法治国家。是否启动引渡程序的决定是由司法部无党派的公职人员做出的。”

Meng Wanzhou has filed a civil claim against members of the Canada Border Services Agency (CBSA), the RCMP and the federal government, alleging “serious breaches of her constitutional rights” when she was detained, searched and interrogated at Vancouver International Airport in December.

In the claim, filed Friday in B.C. Supreme Court, the embattled Huawei CFO says she is seeking damages for “misfeasance in public office and false imprisonment.” It says Meng was held for three hours without explanation and without access to a lawyer before an RCMP constable told her why she was arrested.

It alleges that Meng has suffered “mental distress, anxiety, and loss of liberty” as a direct result of her detention at the airport.

Meng, who is the daughter of Huawei’s founder, was arrested on Dec. 1, 2018, while in transit to Mexico and South America.

She was arrested on suspicion of fraud involving violations of U.S. sanctions on Iran, and American prosecutors are fighting for her extradition. American prosecutors claim she and other Huawei executives have been avoiding the United States since learning of an investigation into their activities.

Claim alleges arrest intentionally delayed

The claim alleges a “deliberate and pre-meditated effort” by CBSA officers to obtain evidence from Meng, in violation of her rights under the Canadian Charter of Rights and Freedoms.

RCMP Const. Winston Yep, three unnamed Canada Border Services Agency officers, and the Attorney General of Canada are named in the civil suit.

It alleges the officers obtained a warrant ordering Meng’s immediate arrest, but intentionally delayed that arrest under the guise of a routine border check in order to extract evidence from her.

“The CBSA Officers detained the Plaintiff for the express purpose of obtaining information which they and the RCMP and/or U.S. D.O.J. did not believe would be obtained if the Plaintiff was immediately arrested,” it reads.

The claim describes the scene at the Vancouver airport in early December, when Meng was among the first dozen passengers to exit her flight onto the jetway.

It says CBSA officers were screening passengers “for the sole purpose of detaining the Plaintiff and unlawfully searching and interrogating her before turning her over to the RCMP.”

It claims the CBSA officers “knew or were recklessly indifferent to the fact that their detention, search and interrogation of the Plaintiff … was unlawful.”

Devices seized
The claim alleges Meng’s detention was “unlawful” and “arbitrary,” and that she had no freedom of movement after she was apprehended on the jetway.

The claim also alleges CBSA officers unlawfully seized two personal cellphones, an iPad and a personal computer and took them to a private office, then demanded Meng surrender her passwords. It says the officers “unlawfully opened and viewed the contents” of the devices and searched Meng’s luggage, in violation of her right to privacy.

Canada ‘vicariously liable’

The 13-page document also claims that CBSA officers subjected Meng to unlawful interrogations over a sustained period, adding that Canada is “vicariously liable” because the officers are employed by the federal government.

None of the claims have been proven in court.

The CBSA declined to comment on the claim as it is before the courts. The RCMP did not immediately respond to CBC’s request for comment.

Meng has been living under strict bail conditions in her Vancouver home since her release last December. She has hired at least 13 lawyers from six law firms.

On Friday, Canada announced that an extradition hearing for Meng can move forward.

Meng’s defence team said in a statement that she maintains she is innocent of any wrongdoing and that the U.S. prosecution and extradition is an abuse of legal process.