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Canada rejects asylum for antiwar American soldier

TORONTO - A U.S. Army paratrooper was denied political asylum Thursday, dealing a blow to Americans who are seeking refuge in Canada to avoid serving in an Iraq conflict that they argue would force them to commit atrocities against civilians.

An immigration board ruled that Jeremy Hinzman had not convinced its members that he would face persecution or cruel and unusual punishment if returned to the United States.

Seven other American military personnel have applied for refugee status, and Hinzman's lawyer estimated dozens of others are in hiding in Canada waiting to see how the government ruled. The attorney, Jeffrey House, said Hinzman would appeal the ruling and expected to win.

Immigration and Refugee Board member Brian Goodman, who wrote the ruling, said Hinzman might face some employment and social discrimination. But "the treatment does not amount to a violation of a fundamental human right, and the harm is not serious," he wrote.

Canada opposed the U.S.-led invasion of Iraq, and the decision could help ease strained relations.

Hinzman could face charges of desertion if sent home and would face up to five years in prison. He and seven other U.S. military deserters are being represented by House, a Wisconsin native who moved to Canada in 1970 to avoid the draft during the Vietnam War.

The Pentagon has urged the deserters to return to the United States and take up their concerns at their respective military bases.

"We are an Army serving a nation at war," the Army said in a statement after Thursday's ruling. "Each of us volunteered to serve, and the vast majority serve honorably. AWOL and desertion are crimes that go against Army values, degrade unit readiness and, in a time of war, may put the lives of other soldiers at risk."

Hinzman, 26, lives with his wife and young son in Toronto, where Quakers and antiwar groups have taken on his cause and provided some shelter.

He fled from Fort Bragg, N.C., in January 2004, weeks before his 82nd Airborne Division was due to go to Iraq. He had served three years in the Army.

[Last modified March 25, 2005, 01:01:16]