Ganada Border Agence dos sovicos Be Serves Agency Wontlers Canada Canada Border Services Agency ~ Mi 100 Metcalfe St., 10" Floor Ottawa, ON K1A OL8 Fax: 613-946-5983 E-Mail: Ministerial Relief.Exemptions_Ministerielles@cbsa-asfe.ge.ca Sune 5, 2019 Mr. Bast Sofi Samad. 8-2236 Vanness Ave Vancouver BC VSN 2M2 Re: Request for Ministerial relief - SOFI SAMAD, Client ID: 5268-3910 Dear Mr. Sofi Samad, This is to advise you that the Minister of Public Safety and Emergency Preparedness has not granted your application for Ministerial relief under former subsection 34(2) of the /mmigration and Refugee Protection Act. You will find attached a copy of the Minister's decision. Please contact your local Immigration, Refugees and Citizenship Canada (IRCC) or Canada Border Services Agency (CBSA) office if you have any questions or concerns regarding your immigration status. Regards, 4*tD A. Hanton. A/Senior Program Advisor, Ministerial Relief Unit Canada Border Services Agency CanadaCanada Border Agance dos services Bt Scraces Agency foniaiessau Canada Oc 11 2017 PROTECTED B SECRET with Attachment 8 For action MINISTERIAL RELIEF APPLICATION PURSUANT TO FORMER SUBSECTION 34(2) OF THE IMMIGRATION AND REFUGEE PROTECTION ACT SOFI SAMAD, BAST! (December 28, 1974) For the Minister TABLE OF CONTENTS PURPOSE. SYNOPSIS... LEGISLATIVE BACKGROUND. ORGANIZATION BACKGROUN! ou APPLICANT'S IMMIGRATION HISTORY. ELEMENTS CONSIDERED ASSESSMENT... RECOMMENDA’ LIST OF ATTACHMENTS... PURPOSE The Canada Border Services Agency (CBSA) requests that you review the following recommendation, as well as the attached documents, and indicate your approval or denial of the application for Ministerial relief of Mr, Bast Sofi Samad, SYNOPSIS Mr. Bast Sofi Samad is a foreign national who has been found to be inadmissible to Canada pursuant to paragraph 34(1)(f) of the Immigration and Refugee Protection Act (IRPA) for being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in the subversion by force of any government, specifically the Patriotic Union of Kurdistan (PUK). He has applied for Ministerial relief pursuant to former subsection 34(2) of IRPA. ‘The CBSA recommends that you deny Ministerial relief to Mr. Bast Sofi Samad. * Mr. Sofi Samad has used other variations of his name in his immigration processes in Canada, including Basti Sofi Samad, Sofi Samad Bast, and Sofi Samad Basti reo No Canadi ayPROTECTED B SECRET with Attachment 8 LEGISLATIVE BACKGROUND isterial Reli nabling Legislation This recommendation has been prepared under the provisions of the former subsection 34(2) of IRPA, taking into consideration the guidance of the Supreme Court of Canada (SCC) in Agraira v. Canada (Public Safety and Emergency Preparedness), 2013 SCC 36 (Agraira). The applicable legislation is as follows: Former subsection 34(1) of IRPA stated: ‘ (1) A permanent resident or a foreign national is inadmissible on security grounds for (@) engaging in an act of espionage or an act of subversion against a democratic government, institution or process as they are understood in Canada; () engaging in or instigating the subversion by force of any government; (0) engaging in terrorism; (@ being a danger to the security of Canada; (©) engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or (f) being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph (a), (b) or (c). Former subsection 34(2) of IRPA stated: (2) The matters referred to in subsection (1) do not constitute inadmissibility in respect of a permanent resident or a foreign national who satisfies the Minister that their presence in Canada ‘would not be detrimental to the national interest. Former subsection 6(3) of IRPA stated: (3) Despite subsection (2), the Minister may not delegate the power conferred by subsection, 20.1(1) or 77(1) or the ability to make determinations under subsection 34(2) or 35(2) or paragraph 37(2)(a), SOFI SAMAD, BAST (December 28, 1974) Page 2 of 32PROTECTED B SECRET with Attachment 8 terial egal Test In Agraira, the SCC held that the predominant considerations in assessing national interest are national security and public safety, which ought to be interpreted in the context of Canada as a parliamentary democracy committed to protecting fundamental values of the Charter and ‘meeting Canada’s international obligations. In addition, the SCC noted that Ministerial relief is not intended to be an alternative form or a review of humanitarian and compassionate factors; nevertheless, personal factors of an applicant may be considered in an assessment for relief, insofar as they relate to determining whether the applicant’s presence would be detrimental to the national interest. The burden of proof does not rest with the Minister of Publie Safety and Emergency Preparedness (MPSEP) or the CBSA but with the individual applying for Ministerial relief to satisfy the Minister that their presence in Canada would not be detrimental to the national interest and, accordingly, that relief is warranted, notwithstanding the applicant’s inadmissibility Ministerial relief is not meant to review an inadmissibility finding and is a discretionary authority, intended to be exceptional. ORGANIZATION BACKGROUND The Patriotic Union of Kurdistan (PUK) began as a Kurdish resistance movement aiming to secure Kurdish autonomy in Iraq, and eventually, independence from Iraq. From its founding in 1975 to late 1991, the PUK operated almost exclusively as an armed insurgent group, assassinating, kidnapping, and assaulting Iraqi government officials and military personnel, rival political groups, and civilians. In March 1991, the PUK, along with other Kurdish forces, engaged in a large uprising across Iraqi Kurdistan, during which members of the PUK were involved in the extrajudicial killings of Iraqi security forces, including the execution of 60 unarmed Iraqi soldiers who had already surrendered. After Saddam Hussein violently suppressed the uprising, the international community created an autonomous region for the Kurds in Iraqi Kurdistan. In 1992, the PUK sided with its long-time rival, the Kurdish Democratic Party (KDP), to form the Kurdish Regional Gavernment (KRG) in the autonomous territory. Though it won half the vote in the KRG's first elections, the PUK continued to use violence against political opponents and other perceived threats. By 1993, clashes with the KDP prompted the PUK to abandon the KRG and revert to armed insurgency. These clashes escalated into a brutal civil war between the Kurdish groups over political control and territory, lasting several years. In 1998, the United States brokered a ceasefire between the parties, who then united in 2003 to work with the United States (US) in overthrowing Saddam Hussein. By 2005, the PUK and the KDP recreated the KRG and received recognition as an autonomous Kurdish government from the post-Hussein Iraqi government. SOFI SAMAD, BAST (December 28, 1974) Page 3 of 32PROTECTED B SECRET with Attachment 8 Today, despite being recognized as a legitimate political party, the PUK still commits widespread human rights abuses, including: arbitrary detention of prisoners, enforced disappearances, torture, unfair trials, use of the death penalty, discrimination and violence against women, and attacks on journalists and media outlets, and the widespread forced displacement of Arab civilians. In 2002, the Federal Court (FC) in Hoshyar v. Canada 2002 FCT 908 (Hoshyar) upheld the Immigration and Refugee Board's (IRB) conclusion that the PUK had a “limited and brutal purpose”. APPLICANT’S IMMIGRATION HISTORY Mr. Sofi Samad is a citizen of Iraq. He arrived in Canada on April 1, 2003 at Vancouver International Airport from London, England on a Portuguese passport and German resident permit card in another name. Upon examination, it became evident that he did not speak Portuguese, and he refused to answer any further questions. Mr. Sofi Samad was subsequently allowed to withdraw, and was scheduled to return to London that same day; however, he fainted before he was able to board the plane. When he recovered, Mr. Sofi Samad admitted that he was an Iraqi Kurd, and made a claim for refugee protection in Canada (see attachment 2) On April I and 2, 2003, an Immigration, Refugees and Citizenship Canada (IRCC; formerly Citizenship and Immigration Canada) officer further interviewed Mr. Sofi Samad (see attachment 2). He became the subject of a report under section 44 of IRPA, dated April 2, 2003, because he was'not authorized to enter Canada, did not have a valid passport or permanent resident visa and was an intending immigrant, Mr, Sofi Samad was subsequently detained because his identity had not been ascertained, and because there were reasonable grounds to believe that he was unlikely to appear for an admissibility hearing and that he posed a danger to the public. Mr. Sofi Samad was interviewed by another IRCC officer on April 8, 2003, for the purpose of assessing his admissibility (see attachment 3). He was re-interviewed by the same officer on April 23, 2003, in order to clarify some of the information he provided with respect to his identity and background (see attachment 4). On April 30, 2003, the officer reported ‘Mr. Sofi Samad inadmissible pursuant to paragraphs 34(1)(6), 34(1)(f), and 35(1)(a) of IRPA for his membership and activities with the PUK (see attachment 4). On May 6, 2003, Mr. Sofi Samad was referred to an admissibility hearing before the Immigration Division (ID) of the Immigration and Refugee Board (IRB) (see attachment 4). As a result, his refugee claim was suspended pending the outcome of the admissibility hearing. ‘Mr. Sofi Samad was released from detention on June 3, 2003 on a $1000 cash bond and on terms and conditions, including, inter alia, that he shall report to the CBSA, in person, every month. ‘On June 9, 2003, Mr. Sofi Samad submitted a request for Ministerial relief under former subsection 34(2) of IRPA. He provided submissions to support his request on July 18, 2003 (see SOFI SAMAD, BAST (December 28, 1974) Page 4 of 32PROTECTED B SECRET with Attachment 8 attachment 5). Subsequently, a decision was made to postpone his admissibility hearing pending a decision on his request for Ministerial relief. On August 11, 2003, Mr. Sofi Samad submitted a Personal Information Form (PIF) to the Refugee Protection Division (RPD) of the IRB (see attachment 6). On September 9, 2003, an IRCC Vancouver officer wrote a report to IRCC national headquarters (NHQ) with comments regarding Mr. Sofi Samad’s application for Ministerial relief. The officer wrote a follow-up report to NHQ dated September 17, 2003 with further information regarding Mr. Sofi Samad’s interviews of April 1 and 2, 2003 (see attachment 7), GOC officials wrote a report, dated April 20, 2005, regarding Mr. Sofi Samad’s April 1, 2003, interview with IRCC (see attachment 8). The CBSA disclosed a draft Ministerial relief recommendation to Mr. Sofi Samad on. August 7, 2008. The recommendation was to deny relief. On September 22, 2008, he provided further submissions in response to the disclosure (see attachment 9). An IRC officer sent a letter to Mr. Sofi Samad on September 25, 2008, reminding him that he must provide copies of all documents referred to in his submissions if he wishes for them to be put forth to the Minister (see attachment 9). Mr. Sofi Samad did not provide any further documents to support his submissions. In 2010, a decision was made to proceed with Mr. Sofi Samad’s admissibility hearing. On June 3, 2010, he had a hearing before the ID of the IRB. At the hearing, the Minister withdrew the allegations of Mr. Sofi Samad’s inadmissibility under paragraphs 34(1)(b) and 35(1)(a) of TRPA, and only pursued the allegations under paragraph 34(1)(/) of IRPA for membership in an organization that has engaged or will engage in acts referred to in paragraphs (b) or (c), namely the PUK. On July 26, 2010, the IRB found Mr. Sofi Samad to be inadmissible pursuant to paragraph 34(1)(f) of IRPA for being a member of an organization that “there are reasonable ‘grounds to believe has engaged in subversion by force of a government”. Having already found that the PUK engaged in subversion by force, the IRB adjudicator deemed it unnecessary to pursue the allegation that the PUK also engaged in terrorism, Mr. Sofi Samad was issued a deportation order that same day (see attachment 10). On August 16, 2010, Mr. Sofi Samad submitted an application to the Federal Court (FC) for leave and judicial review of the deportation order. Leave was granted on November 18, 2010, and a hearing was held on February 10, 2011. The FC dismissed the application for judicial review on March 17, 2011 On August 20, 2010, Mr. Sofi Samad was found ineligible to have his refugee claim heard by the IRB as a result of his inadmissibility under paragraph 34(1)(/) of IRPA. SOFI SAMAD, BAST (December 28, 1974) Page 5 of 32PROTECTED B SECRET with Attachment 8 ‘Mr. Sofi Samad submitted an application for a Pre-removal Risk Assessment (PRRA) on August 22, 2012. On October 17, 2012, a negative decision was made on his PRRA application (ie., the applicant would not be at risk if deported) (see attachment 11). Records show that in September 2012, the in-person reporting requirement of Mr. Sofi Samad’s terms and conditions was changed to weekly telephone reporting. Then, in March 2014, the ID approved monthly telephone reporting. Records show that Mr. Sofi Samad has failed to report on time on approximately 30 occasions since he was released from immigration detention in June 2003. A warrant for his arrest was issued on May 5, 2016, after he had failed to report to the CBSA since January 2016, He presented himself to the CBSA on May 10, 2016, at which time he was arrested and released that same day on the same terms and conditions that were previously imposed on him. The arresting officer noted that Mr. Sofi Samad had been on reporting conditions since 2003 and had shown a patter of compliance. Records show that since his release in May 2016, Mr. Sofi Samad has failed to report on time on at least four more occasions. On June 22, 2017, the CBSA disclosed a draft recommendation to Mr. Sofi Samad. The recommendation was to deny relief. He did not provide submissions in response to the disclosure, Mr. Sofi Samad remains a foreign national living in Canada and is currently the subject of an enforceable deportation order. Records show that the CBSA has been unable to obtain travel, documents for his removal. ELEMENTS CONSIDERED Mr. Sofi Samad indicated that he was orphaned as an infant after his family was killed in the Iraqi regime’s 1974 or 1975 bombing campaign against Kurds in northern Iraq. He stated that he ‘was adopted at the age of six by Kurdish Muslims in Kirkuk, Iraq (see attachments 3, 5 and 6). According to Mr. Sofi Samad, his adoptive father was a supporter of Saddam Hussain and the Baath party, and had a television program in Kirkuk on which he encouraged Kurds to support Hussein’s party (see attachments 2, 6 and 9). ‘Mr. Sofi Samad stated that he served in the Iraqi regime’s “People’s Army” from 1989 to 1990 (see attachments 2, 3, 5 and 6). He stated that in 1989, when he was in grade 10, it was compulsory for all male students to enroll in the army because the Iraqi government wanted to train civilians in the event of an attack against the country (see attachments 5 and 6). He explained that while Kurds were not allowed to serve in the military, he was considered by others to be Arab because, as an orphan, he had not revealed his Kurdish identity? (see attachment 2). * Mr. Sofi Samad did not indicate whether or not his adoptive father also lived under an Arab identity SOFI SAMAD, BAST (December 28, 1974) Page 6 of 32PROTECTED B SECRET with Attachment 8 Mr. Sofi Samad stated that from October 1989 to October 1990, he went to “Kital Debbes”” military camp for 2 hours each day for “civil defence” training, where he leamed “civil defence procedures”, as well as how to clean, maintain and use Kalashnikov rifles (see attachments 2, 5 and 6). He stated that his commanding officer was Brigadier Ameed Akram Abid Ghanno (see attachment 3). Mr. Sofi Samad stated that he never participated in military action during his time with the People’s Army (see attachments 2, 5 arid 6), and that he never had to fire a weapon, because that was not his job. Mr. Sofi Samad also indicated that he received 12 years of education in Iraq, during which time he spent 6 years in the “scientific branch” studying math, physics and chemistry (see attachment 2), Mr. Sofi Samad stated that he became a member of the PUK in 1990, after he leamed about the organization in the spring of that same year through older students at his school who informed the younger students about the PUK’s policies. He indicated that he and his schoolmates passed PUK pamphlets and other written information amongst themselves. Mr. Sofi Samad stated that he was attracted to the PUK because it struggled to defend Kurdish rights against Saddam Hussein. He stated that he was aware of the way the Ba’ath party was treating Kurds in Iraq, including that his biological parents were killed in an attack by the regime on the Kurdish people, that the Iraqi government had burned 4000 Kurdish villages, and that 182 000 Kurdish people had disappeared (see attachments 5 and 6). He stated that the PUK’s objectives were to establish a democratic government and Kurdish rights in Iraq, and for the Kurds to “rule [themselves] in [their] own region’, He stated that the PUK was the only Kurdish opposition group active in Kirkuk at that time, since the Kurdistan Democratic Party (KDP), which he described as the first Kurdish party, was based in Iran and had no presence in Kurdish Iraq.’ Mr. Sofi Samad stated that the PUK is a “social democratic party” that believes in a socialist ideology, and that he, consequently, stopped believing in Islam (Gee attachments 5 and 6), He explained that he was associated with a group within the PUK that ‘was comprised of a younger generation with non-religious, communist beliefs, He stated that there was a second group of older members within the PUK who were practicing Muslims (see attachment 4). Ina 2011 interview with the National Post, Mr. Sofi Samad stated that he became a member of the PUK when he attended a meeting where he was instructed to deliver a small piece of paper to another PUK member in a specific location. He was quoted as stating “they trusted me”, and, according to the article, he then carried out these deliveries for two months before the 1991 Kurdish uprising broke out (see attachment 12), Mr. Sofi Samad recounted that allied forces bombed Iraq in 1991, when he was 16 years old, which subsequently spurred an “uprising (intifada)” in Iraqi Kurdistan in March 1991, when the Kurdish people and others came out against the Iraqi regime (see attachments 2, 5 and 6). He > Open source information indicates that the KDP dic, in fact, have a presence in Kurdish Iraq at this time, with its ‘members later participating in the 1991 Kurdish uprising along with the PUK (see attachment 1). SOFI SAMAD, BAST (December 28, 1974) Page 7 of 32PROTECTED B SECRET with Attachment 8 stated that the PUK broadcasted over the radio that people should support the revolution against the Iraqi regime (see attachments 3, 5 and 6). Mr. Sofi Samad stated that he and other youths took to the streets to demonstrate their support for the Kurdish uprising (see attachments 5 and 6). In his April 2, 2003 interview with IRC, Mr. Sofi Samad stated that, during the uprising in Kirkuk on March 21, 1991, he acted as a “carrier” of ammunition used in rocket propelled grenades (RPGs) and was with a man named Azad Mala Samiya, who got his orders from the PUK by radio (see attachments 2 and 8). He indicated he was told that, even though he'was familiar with weapons, he was too young to use them and should only be carrying them (see attachment 2). In his statements provided later that same year, he asserted that he was not personally involved in armed combat against the Iraqi forces, and that he and the other youth did not have weapons and only threw’stones at government property and into streets to block the way. Mr. Sofi Samad stated that they also chanted in support of the PUK and raised photos of Kurdish leaders (see attachments 5 and 6). ‘Mr. Sofi Samad relayed that Kurds were fighting against the Iraqi “Republican Guards” who, he indicated, wore a red triangle emblem on their chests. He expressed the belief that the Kurds were fighting the Iraqi soldiers because Saddam Hussein was a “criminal”. He recalled that the Kurds were “hitting” the Iragis, and that the Iraqi soldiers were surrendering (see attachment 3), He stated that he “heard shooting and bombing all night”, and the next morning, saw Iraqi military vehicles in hands of the Peshmerga (“Kurdish fighters”). He stated that everyone celebrated the liberation of Kirkuk in the streets. Mr. Sofi Samad recalled that the fighting had lasted for approximately five days before the Iraqi Republican Guard and Mujahedin-e-Khalq (MEK) from Iran began to attack and search Kirkuk, at which time he and the majority of the Kurdish population fled the city, fearing reprisals (see attachments 3, 5 and 6). He stated that they also feared the possibility that the regime would use chemical weapons (see attachments 5 and 6). Mr. Sofi Samad indicated that he subsequently walked with a group of people for 15 days (see attachments 5 and 6). He stated that he was quite young at the time, and did not know where they were going, but followed the group and carried weapons and other items (see attachment 3). He later specified that he had helped the Peshmerga by carrying an RPG with no ammunition that had been captured from the Iraqi military. He stated that he threw the weapon away after a few days because it was too heavy to carry, but then helped an elderly woman and child by carrying a bag of sugar for them. Mr. Sofi Samad indicated that they arrived at Sune, Iraq near the Iranian border, where he met some leaders of the PUK (see attachments 5 and 6). He indicated that Jalal Talabani was the overall leader of the PUK at that time (see attachment 3), but that he had never met Mr. Talabani and only knew him from pictures. He stated that Mr. Talabani lived in Sulaymaniyah, Iraq (see attachment 2). 4 Although he intially stated that this took place on March 21, 1990, Mr. Sofi Samad later corrected this date to ‘March 21, 1991 (see attachments 5 and 6), which is consistent with the year in which the Kurdish uprisings took place (see attachment 1). SOFI SAMAD, BAST (December 28, 1974) Page 8 of 32PROTECTED B SECRET with Attachment 8 Mr. Sofi Samad stated that, one month later, the PUK leaders went to Baghdad to negotiate with Saddam Hussein (see attachment 3). He recalled that approximately three months later, a cease- fire agreement was reached between the PUK leaders and Iraqi regime, and a “safe haven” for Kurds was established in northem Iraq.’ He stated that his hometown of Kirkuk, which he described as a traditionally Kurdish holy city and also rich in oil, was not included in this safe-haven and remained under Iraqi control, Mr. Sofi Samad stated that it was the intention of the PUK to “liberate” Kirkuk in future (see attachments 5 and 6). Mr. Sofi Samad stated that a man named Tawfik Kaniwatmani, whom he described as a political leader in the PUK, ordered him to return to Kirkuk to work “clandestinely” to build support for the PUK. Mr. Sofi Samad stated that the PUK sent him back to Kirkuk because they believed he ‘would have some protection there due to his adoptive father’s close relationship with the Ba'ath. party. He relayed that when he left Sune, he travelled through Ranya, then Taq Taq and “Dar Es Mana”, before arriving in Kirkuk. He stated that the trip was dangerous since he had to travel carefully to avoid Iraqi troops, and took him three to five months due to limited transportation. He did not provide specific details as to where or with whom he stayed during his travels, Mr, Sofi Samad stated that when he returned to his adoptive father's house, he tried to ppass as an Arab to hide his Kurdish identity and avoid persecution (see attachments 5 and 6), and he attended school at night (sce attachments 3, 5 and 6). He did not state if he attended the same sehool that he was attending before the uprising. Mr. Sofi Samad also did not indicate if his adoptive father, who he had described as a Ba’ath party supporter, knew about his participation in the Kurdish uprising (see attachments 5 and 6). Mr. Sofi Samad stated that after two months, on the orders of Tawfik Kaniwatmani, he started organizing a PUK cell and recruited four other youths. He stated that he was the leader of the cell and that they posted PUK propaganda in public spaces and “distributed information to a network of contacts”. He explained that their goal was to educate people to “be loyal to Kurdish goals and support PUK in the armed struggle against Saddam Hussein when the time was right”, and to discourage support for the Ba'ath party. He stated that they also “made reports” on the situation in Kirkuk, such as revealing the head of Iraqi intelligence in the city, the Iragi govemment’s activities against Kurds in Kirkuk, and the number of people coming into Kirkuk as part of the “Arabization program”. He did not indicate what was done with the information he reported as part of his PUK duties, He stated that he was in contact with a PUK leader named Azad Mala ‘Samiya, who passed him information and instructions, and who gave him a monthly salary of 500 Iragi dinars (IQD) for his work (see attachments 5 and 6). ‘Mr. Sofi Samad has provided different versions of events with respect to his role in selling, weapons to the PUK. Upon his arrival in Canada, he maintained during his interviews with IRCC 4 tn April 1991, the US and its allies established » 3600-square-mile “safe haven” in northern Iraq, in which Iraqi aircraft were forbidden from flying, as Iragi Kurds feared retribution from the regime following the Kurdish uprisings (see attachment 1). ® See attachment 13 for further information on the Iragi regime’s “Arabization” process. SOFI SAMAD, BAST (December 28, 1974) Page 9 of 32PROTECTED B SECRET with Attachment 8 on April 1, 2 and 8, 2003, that he began supplying arms to the PUK upon his retum to Kirkuk afier the Kurdish uprising. He detailed that he obtained the weapons from Lieutenant Omar Ahmad Fayely of the Iraqi army, who attended the military school Kital Debbes (see attachments 2 and 3). He specified that the weapons included Kalashnikov rifles, “RPGs #11 and #7", revolvers (see attachments 2 and 3) “explosives #14 and #16”, and small pistols (see attachment 2). Mr. Sofi Samad stated that he did not handle the money himself, but had a secret paper that he was told to give Lieutenant Fayely in exchange for weapons. He stated that sometimes there were two older individuals with him when he obtained the weapons. He indicated that he sold the weapons to Tawfik Kaniwatmani (who had previously sent him to Kirkuk to establish a cell), a “captain” within the PUK from Taq Tag, Iraq. Mr. Sofi Samad indicated that he carried out these activities for approximately three months, and obtained ‘weapons from Lieutenant Fayely four times (see attachment 3), When asked what volumes of weapons he would sell, he stated “every other month I sold 4 or 5 but the last month I sold 7 RPG and Kalishnikoff [sic]". He indicated that “RPG #11 sold for 800 dinars” and that Kalashnikov rifles sold for 1100 dinars. When asked by an IRCC officer if the ‘weapons were “used to cause insurrection in Iraq” he replied, “yes of course”. Mr. Sofi Samad explained that the PUK did not have their own weapons, and therefore had to get them from the Iraqi military. The IRC officer asked him to explain why the Iraqi military would sell weapons to Kurds to be used against the regime, to which he replied that individuals within the army would sell them because “[t]here was a lot of corruption”. He stated that Lieutenant Fayely was later convicted and sentenced for selling weapons (see attachment 2). Mr. Sofi Samad stated, in this version of events, that he was imprisoned in Iraq for two years, from 1992 until 1994, for his role in selling weapons (see attachment 2). He indicated that Iraqi authorities came into his shop in 1992’ with questions for him, and that they ended up detaining him until he was released on April 7, 1994 in an amnesty that Saddam Hussein made to all the political prisoners in Iraq (see attachment 3). He stated that he has not sold weapons since before he was arrested and imprisoned in Iraq (see attachment 2). Mr. Sofi Samad later asserted, in his July 2003 Ministerial relief submissions, and in his PIF, also completed in July 2003, that he had made false statements in his earlier interviews with IRCC with respect to his activities with the PUK in Iraq, now denying that he ever sold weapons in Iraq (see attachments 5 and 6). He contended that the PUK would never have entrusted him with such a task, given that he was too young and inexperienced at the time, as a 16/17 year old (see attachment 5). In this new version of events, Mr. Sofi Samad stated that he was playing billiards with some Arab friends in June 1992 when he was arrested by two members of the Iragi secret service who took him to their station to ask him questions. He stated that he was accused of acquiring arms 7 Mr. Sofi Samad later stated that he had actually been arrested at another shop, where he was playing pool, since he did not have his own food store until 1995, as discussed later (see attachment 4), SOFI SAMAD, BAST (December 28, 1974) Page 10 of 32PROTECTED B SECRET with Attachment 8 from Omar Ahman Fayely at Kital Debbes military school and bringing them to Taq Taq to sell to Tawfik Kaniwatmani of the PUK. He stated that the secret service members told him that three other people with whom he had worked in arms dealing had confessed and implicated him in the aforementioned activities. Mr. Sofi Samad stated that the three people to whom they were referring were brought in front of him, and they confirmed that he was involved in selling arms. Mr. Sofi Samad stated that he denied any involvement in these activities, but the agents beat him and wanted him to admit otherwise. He relayed that he was taken to Khalid military base two days later, where he was detained for nearly two years. He stated that he was beaten some 50 times during his time in prison, while being told to confess. He expressed that he believed he would have been executed if he had confessed. He stated that he was released on April 7, 1994, under an amnesty, and had been pardoned because of his young age, and because he had never used arms against the regime (see attachments 5 and 6). ‘Mr. Sofi Samad maintained that, after his release from prison, he opened a store in Kirkuk in approximately 1995, where he sold food products such as rice, tea, and sugar (see attachments 2, 5 and 6). He stated that he owned the store for approximately eight years, until a few months before he left Iraq. When asked if his shop was profitable, he replied: “it was functioning and I made better than many places {sic]” (see attachment 2). When asked where he obtained the food while sanctions were in place in Iraq, he explained that he got it from wholesale sellers who brought the goods from Turkey and Iran, He acknowledged that the Iraqi people were suffering and the prices of food were fluctuating because of the sanctions? (see attachment 2), Mr. Sofi Samad has provided inconsistent statements with respect to how he purchased the shop, first stating, in his original version of events, “I bought it with 50 000 Iraqi Dinars that I got from my weapons trading and the [PUK] gave me a lot of money from the weapons” (see attachment 2). In the new version of events he provided, in which he claims he did not sell weapons, Mr. Sofi Samad stated that he had received a small salary from the PUK from 1991 to 1992, when he distributed propaganda in Kirkuk. He asserted that he then opened the food store using some of his own savings, as well as money borrowed from friends. He did not elaborate on specifically who lent him the money, or how much money they lent him, Mr. Sofi Samad stated * When initially asked, on April 2, 2003, how long he had owned his food store, Mr. Sofi Samad replied that he had it for approximately three years. When asked the same question later that same day, he said that he acquired the « store “after 1994” and owned it until two months before he left Iraq (for eight years total) (see attachment 2) ~ which is the timeline he provided in his subsequent immigration documents and submissions (see attachments § and 6). ° According to UNICEF, the imposition of strict economic sanctions on Iraq post-1990 had a severe impact on ‘country’s economy and food security levels. After the sanctions, the Iraqi government introduced free food rations for citizens, and by 1996 the United Nations established an oil-for-food program to allow Iraq to sell oil on the ‘world market in exchange for food, medicine, and other humanitarian needs for ordinary Traqi citizens. Its ‘estimated that 60% of the Iraqi population relied on food rations to substantially supplement their daily food requirements. Even with these rations, by 2000, the average family spent as much as 75 percent of their ineome on food and one in five Iraqis suffered from chronic poverty, unable to mect all oftheir basic needs (see attachment 14), SOFI SAMAD, BAST (December 28, 1974) Page 11 of 32