| Jul. 8, 2004. 06:31 AM | ||||
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U.S. deserter fears for his life Soldier maintains fleeing was his only option TRACEY TYLER LEGAL AFFAIRS REPORTER A U.S. Army deserter who fled to Canada because he wasn't willing to "kill or be killed" in the war in Iraq says he now fears for his life because he would be prosecuted and could face the death penalty if he is returned home. Jeremy Hinzman, 25, who left the 82nd Airborne Regiment in January before its deployment to Iraq, says he believes the U.S.-led war is contrary to international law and "waged on false pretences." He believes he would be "a criminal" if he were to take part."I am not willing to kill or be killed in the service of ideology and economic gain," the South Dakotan says in his narrative filed with Canada's Immigration and Refugee Board, setting out the basis for his claim for refugee status. Lawyers for Hinzman and the federal government appeared before board chair Brian Goodman in Toronto yesterday for a pre-hearing conference. The federal government hasn't stated its position, but a three-day hearing into Hinzman's claim is scheduled to begin Oct. 22. Also attending yesterday's session was Brandon Hughey, 18. He arrived in Canada from Texas after eluding military police in March, a day before his unit was to leave for Iraq, where nearly 900 U.S. military personnel have been killed since the war began. Hinzman and Hughey are the only U.S. soldiers to seek asylum in Canada so far. During the Vietnam War, an estimated 125,000 American draft dodgers, deserters and conscientious objectors crossed the border. About half stayed after Washington declared a general amnesty. Hinzman says it was never his intention to desert the army. Two years ago, before a tour of duty in Afghanistan, he was hoping the military would accommodate his religious and moral beliefs by granting him conscientious-objector status and assigning him to non-combat duties. But his application was denied. When his unit was called up in January, "I had no other option but to leave. "Going to Iraq would violate his religious principles, conscience and international law, and soldiers have a "duty to refuse to follow a manifestly unlawful order." At the same time, refusing to obey a direct order in Iraq would likely result in jail, just as desertion would, he said. "Being punished and incarcerated for following my conscience is, I believe, a form of persecution." Hinzman says when he enlisted in January, 2001, he had "undeveloped and naïve views concerning the morality of taking human life." While the U.S. Army no longer conscripts its soldiers, Hinzman says he was a member of "the demographic draft," enticed by a college fund and the promise of "higher education and security." During basic training, recruits were required to chant slogans such as "trained to kill, kill we will," but he began to doubt he could and came to realize "that I made a profound mistake in joining the infantry." His views solidified when he embraced Buddhism, he said. As part of his claim, Hinzman filed affidavits from law professors Jutta Brunée of the University of Toronto and Jules Lobel of the University of Pittsburgh, stating the Iraq war was illegal. With files from Reuters › © Toronto Star |
