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Calgary man accused of ISIS kidnapping asks to be released

A Calgary man accused of carrying out a kidnapping with ISIS must wait to learn if he will be released on bail after a hearing was held Friday.

Hussein Sobhe Borhot, 34, accused of participating in a kidnapping, helping ISIS in Syria in 2013 and 2014

A close-up picture of an RCMP badge.
Hussein Borhot will appear in court Friday after RCMP laid 4 terrorism charges against the 34-year-old who is accused of fighting for ISIS in Syria in 2013 and 2014. (CBC)

A Calgary man accused of carrying out a kidnapping with ISIS must wait to learn if he will be released on bail after a hearing was held Friday.

Earlier this week Alberta RCMP's Integrated National Enforcement Team laid terrorism charges against Hussein Sobhe Borhot, 34.

Provincial court Judge Anne Brown will make her decision next Thursday after hearing arguments from prosecutor Kent Brown, who opposed bail, and defence lawyer John Phillips, who argued for his client's release. 

All of the evidence discussed in court is covered by a publication ban, which is standard in bail hearings and is designed to protect the accused's right to a fair trial. 

Court documents show that until his arrest, Borhot had been living in the northeast Calgary community of Rundle.

Between May 2013 and June 2014, Borhot travelled to Syria, where police say he joined ISIS and received training from the terrorist group.

Potential life sentence

ISIS is the militant group that took over territory in Iraq and Syria and implemented a harsh form of Islamic law.

ISIS fighters are known for graphic videos documenting beheadings of journalists and aid workers.

They are accused by the United Nations of crimes against humanity for carrying out mass executions, abducting women and girls to use as sex slaves and using child soldiers.

Borhot faces three charges stemming from his alleged participation with ISIS and one kidnapping charge.

Michael Nesbitt is a law professor who specializes in the Anti-terrorism Act at the University of Calgary and says the kidnapping charge is "the big one."

'A really big deal' for Canada

The maximum sentence for that offence is life in prison. The other charges come with a 10-year maximum.

Whether it's a witness, the victim or a former associate of Borhot's, Nesbitt and others will be paying close attention to the evidence prosecutors present to support the kidnapping charge.

Borhot is set to appear via CCTV with lawyers video or telephone conferencing in because of COVID-19 court regulations.

'People have been calling for these kind of charges for a long time'

Nesbitt says if this case goes to trial it would be "a really big deal" for Canada.

"None have gone to trial right now based on evidence gathered overseas. This could be the first time we will see evidence marshaled from a battlefield or from abroad to support this kind of case,"

"It's also a big deal in the sense that people have been calling for these kind of charges for a long time; we know Canada has a number of returnees and so there's been worry about whether Canada can charge them, whether we can be effective in prosecuting them."

Borhot was one of several Calgary men whose names showed up in ISIS documents which surfaced in 2017. 

RCMP hope for further charges, arrests 

In November 2017, CBC News reported agents from Canada's federal counter-terror security force questioned a Calgary man about the whereabouts of Borhot and his cousin. 

The southern Alberta city has a disproportionate number of young men who left Canada to go fight with ISIS, including Damian Clairmont, Wassim Elhaj Youssef, Salman Ashrafi and brothers Gregory and Collin Gordon.

RCMP say the investigation is ongoing and investigators are hopeful further arrests will be made and more charges laid.

About 14 years ago, Calgary police charged Borhot with uttering threats within the context of a domestic situation. In February 2007, the matter was resolved by peace bond.