Ahmed Zaoui
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Ahmed Zaoui ( ar, أحمد الزاوي) is an Algerian member of the
Islamic Salvation Front The Islamic Salvation Front ( ar, الجبهة الإسلامية للإنقاذ, al-Jabhah al-Islāmiyah lil-Inqādh; french: Front Islamique du Salut, FIS) was an Islamist political party in Algeria. The party had two major leaders representi ...
. He arrived in New Zealand on 4 December 2002 where he sought
refugee A refugee, conventionally speaking, is a displaced person who has crossed national borders and who cannot or is unwilling to return home due to well-founded fear of persecution.
status. Objections from the Security Intelligence Service were withdrawn in September 2007, allowing him to remain in New Zealand. He was granted New Zealand citizenship in 2014.


Background


Before 1991

Ahmed Zaoui was born as one of ten children in El Idrissia, in
Djelfa Djelfa ( ar, الجلفة, link=no, al-Ǧilfah) is the capital city of Djelfa Province, Algeria and the site of ancient city and former bishopric Fallaba, which remains a Latin catholic titular see. It has a population of 490,248 (2018 census). T ...
Wilaya, Algeria, and was the son of a
Sunni Sunni Islam () is the largest branch of Islam, followed by 85–90% of the world's Muslims. Its name comes from the word '' Sunnah'', referring to the tradition of Muhammad. The differences between Sunni and Shia Muslims arose from a disagr ...
Muslim Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abrah ...
imam Imam (; ar, إمام '; plural: ') is an Islamic leadership position. For Sunni Muslims, Imam is most commonly used as the title of a worship leader of a mosque. In this context, imams may lead Islamic worship services, lead prayers, ser ...
. His family moved to the town of
Médéa Médéa ( ber, Lemdiyyet, ar, المدية ''al-Madiya''), population 123,535 (1998 census) is the capital city of Médéa Province, Algeria. It is located roughly 68 km south of Algiers. The present-day city is situated on the site of ...
when he was young, and after completing high school, he enrolled in
Imam Muhammad ibn Saud Islamic University Imam Mohammad Ibn Saud Islamic University (IMSIU) (), commonly known as Al-Imam University, is a public university in Baladiyah al-Shemal in northern Riyadh, Saudi Arabia. It was founded in 1953. represented by the College of Sharia Sciences (n ...
, in
Riyadh Riyadh (, ar, الرياض, 'ar-Riyāḍ, lit.: 'The Gardens' Najdi pronunciation: ), formerly known as Hajr al-Yamamah, is the capital and largest city of Saudi Arabia. It is also the capital of the Riyadh Province and the centre of the R ...
,
Saudi Arabia Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the fifth-largest country in Asia, the second-largest in the A ...
between the years of 1980 and 1985, gaining a
Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...
. He became engaged and married to an Algerian woman during this time. After returning, he took postgraduate studies at the
University of Algiers The University of Algiers (Arabic language, Arabic:جامعة الجزائر – بن يوسف بن خـدة ), commonly called the Algiers 1 University, is a public university, public research university located in Algiers, Algeria. It is the ...
and gained a position as an imam, and as an associate professor of
theology Theology is the systematic study of the nature of the divine and, more broadly, of religious belief. It is taught as an academic discipline, typically in universities and seminaries. It occupies itself with the unique content of analyzing the ...
at the University of Algiers.


1991–2000: Algeria and Europe

In 1991,
Algeria ) , image_map = Algeria (centered orthographic projection).svg , map_caption = , image_map2 = , capital = Algiers , coordinates = , largest_city = capital , relig ...
held its first multiparty elections since independence. Ahmed Zaoui stood as a candidate for the
Islamic Salvation Front The Islamic Salvation Front ( ar, الجبهة الإسلامية للإنقاذ, al-Jabhah al-Islāmiyah lil-Inqādh; french: Front Islamique du Salut, FIS) was an Islamist political party in Algeria. The party had two major leaders representi ...
(''Front Islamique du Salut'' or FIS). However, the government cancelled 1991 elections after the first round results showed that the FIS would win, citing fears that the Islamist party would end
democracy Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose gov ...
. When the government then banned the FIS and arrested thousands of its members, Islamist guerrillas rapidly emerged and began an armed campaign against the government and its supporters which became the
Algerian Civil War The Algerian Civil War ( ar, rtl=yes, الْحَرْبُ الْأَهْلِيَّةُ الجَزَائِرِيَّةُ, al-Ḥarb al-ʾAhlīyah al-Jazāʾirīyah) was a civil war in Algeria fought between the Algerian government and various Is ...
. In 1993, Zaoui fled to Europe. He was tried and convicted ''
in absentia is Latin for absence. , a legal term, is Latin for "in the absence" or "while absent". may also refer to: * Award in absentia * Declared death in absentia, or simply, death in absentia, legally declared death without a body * Election in absen ...
'' by the Algerian government and was convicted of "establishing a terrorist organisation to destabilise state institutions and terrorise the population" and for "plotting against the state, criminal conspiracy, inciting armed rebellion and assassinations and destruction of property" in May 1996, and February 1997, respectively. Both convictions carry sentences of
life imprisonment Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...
. Disputing the reports from
Interpol The International Criminal Police Organization (ICPO; french: link=no, Organisation internationale de police criminelle), commonly known as Interpol ( , ), is an international organization that facilitates worldwide police cooperation and cri ...
as incomplete, Zaoui claimed and the New Zealand Refugee Status Appeals Authority (RSAA) found that there were six life sentences against him, as well as two
death sentence Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
s. Human rights groups have criticised the Algerian trials for contravening basic norms of justice. In March 1994,
Belgium Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to th ...
charged him with being "the instigator or the head of a criminal organisation" and two charges of using false passports. He was acquitted at his first trial but was convicted on appeal and received a four-year suspended sentence. While still under a Belgian home detention order which limited his movements to the street he lived on, he travelled illegally to
Switzerland ). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
. The Swiss authorities refused his request for asylum due to his ongoing political activities, and made a deal with
Burkina Faso Burkina Faso (, ; , ff, 𞤄𞤵𞤪𞤳𞤭𞤲𞤢 𞤊𞤢𞤧𞤮, italic=no) is a landlocked country in West Africa with an area of , bordered by Mali to the northwest, Niger to the northeast, Benin to the southeast, Togo and Ghana to the ...
to deport Zaoui and his family there, while still providing Zaoui with a 1500 Swiss franc monthly allowance.


2000–2002: Travel to Asia then New Zealand

Zaoui left Burkina Faso and travelled to
Malaysia Malaysia ( ; ) is a country in Southeast Asia. The federation, federal constitutional monarchy consists of States and federal territories of Malaysia, thirteen states and three federal territories, separated by the South China Sea into two r ...
with his family in 2000. He engaged in political activity with the FIS in exile. In 2001
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
convicted him in absentia for "participation in a criminal group with a view to preparing terrorist acts". During his time in Malaysia, the head of the Algerian police services visited to observe Malaysian policing methods. Zaoui believed that this was a pretext, that the real reason was his presence in Malaysia, and that the Malaysian authorities were preparing to detain him. He decided to leave Malaysia, and on 2 December 2002 he arrived in New Zealand via
Vietnam Vietnam or Viet Nam ( vi, Việt Nam, ), officially the Socialist Republic of Vietnam,., group="n" is a country in Southeast Asia, at the eastern edge of mainland Southeast Asia, with an area of and population of 96 million, making i ...
on a fake South African passport.


Imprisonment in New Zealand

En route to New Zealand, Zaoui attempted to destroy his fake South African passport, and upon arrival, applied for refugee status. Although his identity was initially secret, his name was illegally leaked to the media, and he became the subject of political debate and media scrutiny. His initial application for refugee status to the Refugee Status Branch (RSB) of the New Zealand Immigration Service was declined. Although he was recognised as having a well founded fear of persecution, he was excluded as the RSB held there was reason to believe he had committed serious criminal or terrorist activities, primarily on evidence given by the
New Zealand Security Intelligence Service The New Zealand Security Intelligence Service (NZSIS or SIS; mi, Te Pā Whakamarumaru) is New Zealand's primary national intelligence agency. It is responsible for providing information and advising on matters including national security (incl ...
and on his conviction in Belgium. The SIS issued a security risk certificate in March 2003. Mr Zaoui then requested a review of the certificate. While not made public at the time, in February 2004 the High Court ordered the SIS to release the summary of its allegations to Zaoui's lawyers, who then released it to the media. The summary excluded classified information which the SIS was not required to disclose. Zaoui's lawyers issued a point-by-point response to the summary. After his arrest, he was initially confined for ten months in the maximum security
Paremoremo Prison Auckland Prison (original name Paremoremo Prison, colloquially Pare, pronounced "Par-re") is a prison facility consisting of medium security and maximum security compounds in Paremoremo, Auckland, New Zealand. The two compounds are separate bu ...
where he was placed on a "non-association regime". While Zaoui and his supporters have characterised this as being in
solitary confinement Solitary confinement is a form of imprisonment in which the inmate lives in a single cell with little or no meaningful contact with other people. A prison may enforce stricter measures to control contraband on a solitary prisoner and use additi ...
; this was dismissed as a "myth" by the
Department of Corrections In criminal justice, particularly in North America, correction, corrections, and correctional, are umbrella terms describing a variety of functions typically carried out by government agencies, and involving the punishment, treatment, and su ...
. However, in October 2003 his case was reviewed, and citing the "likely length of time before legal proceedings conclude", the Department of Corrections transferred him to the medium security Auckland Remand Prison where he was placed on a ‘normal association regime".


Refugee status

In August 2003 the Refugee Status Appeals Authority declared both his Belgian and French trials to be "unsafe" and granted Zaoui refugee status. Commenting on the information available to them in order to evaluate Zaoui's claim, the RSAA stated that they "...were surprised at how limited it was and the questionable nature of some of the contents" and that "...it does not provide evidence that he has committed, directed or participated in any act of violence or terrorism that would require his being excluded under Article 1F from the protection of the Refugee Convention."


Political attention and cause célèbre

The case attracted considerable media and political attention. The
New Zealand Government , background_color = #012169 , image = New Zealand Government wordmark.svg , image_size=250px , date_established = , country = New Zealand , leader_title = Prime Minister Jacinda Ardern , appointed = Governor-General , main_organ = , ...
defended the treatment of Zaoui, and maintained they had information that he was a credible risk. In September 2004, Prime Minister
Helen Clark Helen Elizabeth Clark (born 26 February 1950) is a New Zealand politician who served as the 37th prime minister of New Zealand from 1999 to 2008, and was the administrator of the United Nations Development Programme from 2009 to 2017. She was ...
's office stated that Zaoui had links to
al Qaeda Al-Qaeda (; , ) is an Islamic extremist organization composed of Salafist jihadists. Its members are mostly composed of Arabs, but also include other peoples. Al-Qaeda has mounted attacks on civilian and military targets in various countr ...
, but Clark later withdrew the claim, saying that her "office had probably gone too far in making the link". The New Zealand First Party attacked Mr Zaoui's claim to asylum, while
the Greens The Greens or Greens may refer to: Current political parties * Australian Greens, also known as ''The Greens'' * Greens of Andorra * Greens of Bosnia and Herzegovina * Greens of Burkina * Greens (Greece) * Greens of Montenegro *Greens of Serbia *G ...
challenged the processes that saw him imprisoned and at risk of deportation. On 20 October 2004, many of his supporters participated in a launch of a biographical book in the
Beehive A beehive is an enclosed structure in which some honey bee species of the subgenus '' Apis'' live and raise their young. Though the word ''beehive'' is commonly used to describe the nest of any bee colony, scientific and professional literature ...
foyer in
Wellington Wellington ( mi, Te Whanganui-a-Tara or ) is the capital city of New Zealand. It is located at the south-western tip of the North Island, between Cook Strait and the Remutaka Range. Wellington is the second-largest city in New Zealand by me ...
. In October 2005 Zaoui published ''Migrant Birds'', a book of 24 poems he wrote as a response to being imprisoned. The poems are in Arabic and English. A 25th poem, ''He will come back, the one I'm waiting for'', was called the most important New Zealand poem of 2004 by
Emma Neale Emma Neale (born 2 January 1969) is a novelist and poet from New Zealand. Background Neale was born in Dunedin and grew up in Christchurch, San Diego, and Wellington. She received her undergraduate degree from Victoria University of Welling ...
, editor of '' Best New Zealand Poems 2004''. His case received attention from a number of celebrities and prominent New Zealanders. He was featured in the music video for
Dave Dobbyn Sir David Joseph Dobbyn (born 3 January 1957) is a New Zealand musician, singer–songwriter and record producer. In his early career he was a member of the rock group Th' Dudes and was the main creative force in pop band DD Smash. Since then he ...
's '' Welcome Home'', and also appeared on stage with Dobbyn when the song was performed at the
New Zealand Music Awards The Aotearoa Music Awards (previously called the New Zealand Music Awards), conferred annually by Recorded Music NZ, honour outstanding artistic and technical achievements in the recording industry. The awards are among the most significant that ...
.


Bail

On 9 December 2004 the
Supreme Court of New Zealand The Supreme Court of New Zealand ( mi, Te Kōti Mana Nui, lit=Court of Great Mana) is the highest court and the court of last resort of New Zealand. It formally came into being on 1 January 2004 and sat for the first time on 1 July 2004. It re ...
granted Zaoui
bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries ...
. Despite Crown opposition, the Court allowed him to reside in the Dominican
Priory A priory is a monastery of men or women under religious vows that is headed by a prior or prioress. Priories may be houses of mendicant friars or nuns (such as the Dominicans, Augustinians, Franciscans, and Carmelites), or monasteries of mon ...
in central
Auckland Auckland (pronounced ) ( mi, Tāmaki Makaurau) is a large metropolitan city in the North Island of New Zealand. The List of New Zealand urban areas by population, most populous urban area in the country and the List of cities in Oceania by po ...
. He was required to report to the police twice a week and spend each night in the priory between 10pm and 6am.


Withdrawal of the security risk certificate

On 13 September 2007, the head of the Security Intelligence Service, Dr Warren Tucker, withdrew the security risk certificate against Zaoui citing three main reasons: #Mr Zaoui's cooperation in providing information to the authorities. #Additional classified information which showed that his associates were involved in terrorism, but not Zaoui himself. #The length of time he has been in New Zealand, and the length of time which has passed from the offences he was convicted of. The withdrawal of the security risk certificate means that the New Zealand Government has withdrawn its security objections to his refugee status, which was confirmed by the RSAA in August 2003. Zaoui was "thrilled and delighted," and stated that he was "...happy not just because my name has been cleared but because the whole system of security risk certificates can now be reviewed."


Resolution and citizenship

On 29 September 2005 a referendum was held in Algeria which resulted in the
Charter for Peace and National Reconciliation The Charter for Peace and National Reconciliation was a charter proposed by Algerian President Abdelaziz Bouteflika, in an attempt to bring closure to the Algerian Civil War by offering an amnesty for most violence committed in it. The referendum ...
, and gave amnesty to those jailed and convicted during the civil war, and critics have maintained that he is free to return safely. However, Zaoui has been granted refugee status in New Zealand, and is free to stay in the country. Zaoui has a wife and four children who had been living illegally in
Kuala Lumpur , anthem = '' Maju dan Sejahtera'' , image_map = , map_caption = , pushpin_map = Malaysia#Southeast Asia#Asia , pushpin_map_caption = , coordinates = , su ...
,
Malaysia Malaysia ( ; ) is a country in Southeast Asia. The federation, federal constitutional monarchy consists of States and federal territories of Malaysia, thirteen states and three federal territories, separated by the South China Sea into two r ...
since 2000 until they joined him in New Zealand on 26 October 2007. A previous application for them to come to New Zealand was lodged in late 2006, but at that time, Immigration Minister
David Cunliffe David Richard Cunliffe (born 30 April 1963) is a New Zealand management consultant and former politician who was Leader of the New Zealand Labour Party and Leader of the Opposition from September 2013 to September 2014. He was Member of Parli ...
said it would not be appropriate while the status of Zaoui's security risk certificate was being determined. In 2009, Zaoui and his family moved to
Palmerston North Palmerston North (; mi, Te Papa-i-Oea, known colloquially as Palmy) is a city in the North Island of New Zealand and the seat of the Manawatū-Whanganui region. Located in the eastern Manawatu Plains, the city is near the north bank of the ...
where he intended to study at
Massey University Massey University ( mi, Te Kunenga ki Pūrehuroa) is a university based in Palmerston North, New Zealand, with significant campuses in Albany and Wellington. Massey University has approximately 30,883 students, 13,796 of whom are extramural or ...
. He initially worked part-time with the Manawatu Muslim Association. He opened a kebab stall called the Desert Rose in Palmerston North. In early 2012, Zaoui moved back to Auckland and started working at a food court on
Karangahape Road Karangahape Road (commonly known as K' Road) is one of the main streets in the central business district (CBD) of Auckland, New Zealand. The massive expansion of motorways through the nearby inner city area – and subsequent flight of resident ...
. He was granted New Zealand citizenship in May 2014. Since receiving New Zealand citizenship, Zaoui has returned to visit Algeria to participate in pro-democracy activism.


Publications

*''Migrant Birds'' (2005) *''O Poetry, My Shadow'' in
Landfall Landfall is the event of a storm moving over land after being over water. More broadly, and in relation to human travel, it refers to 'the first land that is reached or seen at the end of a journey across the sea or through the air, or the fact ...
Issue 211 (Autumn 2006) edited by Tze Ming Mok


References


Further reading

;News stories
The Ahmed Zaoui Case – The Gordon Campbell Series

Terrorism and betrayal: the untold Zaoui story

Zaoui party: high ideals and terror

Benefit for Zaoui may cost $10,000, says MP

Zaoui a reluctant celebrity

Tracing Ahmed Zaoui's trial in Belgium

Belgians convinced Zaoui involved with terrorists

European lawyers deny Zaoui 'flaws'

Judges loath to take up SIS position

Naive Zaoui supporters ignoring evidence, says National


* ttps://web.archive.org/web/20181215174104/http://onenews.nzoom.com/onenews_detail/0,1227,236505-1-8,00.html Fearful wait for Zaoui's family - Joffe Quote


External links


"Free Ahmed Zaoui" website (archive)
{{DEFAULTSORT:Zaoui, Ahmed Living people University of Algiers faculty Algerian dissidents Algerian imams Algerian people imprisoned abroad Algerian refugees Algerian emigrants to New Zealand Islamic Salvation Front politicians People from Djelfa Province People with acquired New Zealand citizenship Prisoners and detainees of New Zealand Refugees in New Zealand Terrorism in Algeria New Zealand Muslims Year of birth missing (living people) Islamic terrorism in Algeria