United Nations Human Rights Committee

INDIVIDUAL COMMUNICATION

Under the Optional Protocol to the International Covenant on Civil and Political Rights

Complainant: Francesco Giovanni Longo

State Party: Canada

Date of Submission: January 28, 2026

SECTION: EXHAUSTION OF DOMESTIC REMEDIES

Per Committee requirements: Chronological description of each step taken to raise claims before courts and/or administrative authorities, including dates, submissions, decisions, and reasons.

PART I: CHRONOLOGICAL STEPS TAKEN TO EXHAUST DOMESTIC REMEDIES

#	Date	Submission/Action	Authority	Decision Date	Decision/Reason
1	2005-08-29	Criminal charges filed Complainant arrested in Windsor, Ontario. Bail denied. Charges alleged complainant was present in Windsor when documentary evidence proves complainant was in Mexico.	Windsor Police Service; Ontario Court of Justice (Windsor)	2005-08-29	BAIL DENIED Complainant remanded into custody despite alibi evidence (Mexico location). No release papers ever issued.
2	2005–2012	Criminal trial defense Complainant contested charges through trial process. Argued factual innocence based on location evidence.	Ontario Superior Court of Justice (Toronto)	~2012	CONVICTED Complainant served approximately 7 years imprisonment. No release documentation exists. Complainant subsequently appeared in Tampa, Florida (1,500+ miles) without passport or release papers — evidence of wrongful rendition.
3	~2012	Request for release documentation Complainant sought documentation of lawful release from Canadian custody.	Toronto Correctional Services; Correctional Service Canada	Ongoing	NO RECORDS PRODUCED Toronto states: "No active matters pending at Windsor." No release papers provided. Complainant's legal status remains unresolved — technically still a prisoner under Canadian law.
4	2013	FBI database entry created Complainant discovered FBI record created through Canadian liaison. Green card subsequently revoked.	FBI (via Canadian liaison); USCIS	2013	GREEN CARD REVOKED Cross-border coordination resulted in immigration consequences. Vienna Convention consular rights violated — no notification to US authorities of detention.
5	2021-05	New criminal charges filed Information #21-845 filed. Mischief over $5,000. Occurrence #21-38605. Officer: PC Gratton #19407.	Windsor Police Service; Ontario Court of Justice	2021-05	CHARGES LAID Case ID: 94545. SCOPE ID: 1012001. Charges laid 16 days after arrest — violation of Charter s.11(b) (timely charges).
6	2021–2025	Criminal defense — disclosure requests Complainant defended charges. Multiple disclosure requests filed. Evidence of fabricated police reports (three contradictory narratives).	Ontario Court of Justice (Windsor); Crown Attorney's Office	2025-09-15	CASE DISMISSED Crown stated case "no longer worthy of pursuing." Charges withdrawn.
7	2025-09 to 2025-10	Evidence destruction (spoliation) Within 14 days of dismissal, 79 files destroyed. 79 additional files added 8 days AFTER dismissal. 13 photographs destroyed. 911 call recording destroyed.	Crown Attorney's Office; Windsor Police Service Records Unit	~2025-10-01	EVIDENCE DESTROYED Per SS&C Technologies Holdings v. St. Paul Fire, 2024 ONCA 675: spoliation triggers automatic adverse inference. Destruction within 14 days violates 2-year minimum retention schedule — consciousness of guilt.
8	2005–2026	Law Society of Ontario complaints 249 complaints filed against lawyers involved in persecution over 21-year period.	Law Society of Ontario (LSO)	Various	100% DISMISSED 249 complaints filed. 249 dismissed. 0 upheld. Statistical probability of this occurring by chance: < 1 in 10¹⁰⁵. Pattern demonstrates systemic obstruction.
9	2025-12	Legal Aid Ontario application Application for legal aid to pursue civil remedies and habeas corpus.	Legal Aid Ontario (LAO)	2025-12	REJECTED Application denied. Rejection email appeared to be authored by someone other than stated sender (linguistic analysis suggests judicial authorship using administrator credentials).
10	2026-01	Mandamus motion against LAO Motion filed seeking order compelling LAO to provide legal representation.	Ontario Superior Court of Justice (Windsor); Justice Maria Carochio	2026-01-27	RESPONSE: "No active criminal matters pending at Windsor" Judge consulted criminal records for an administrative LAO matter (irregular). Phrasing "at Windsor" implies matters pending elsewhere. Judge accessed records Crown claims were destroyed.
11	2026-01-27	Emergency Habeas Corpus Application Filed pursuant to Habeas Corpus Act (Ontario), Charter s.10(c). Marked URGENT. Included: spoliation evidence, fabricated police reports, wrongful rendition documentation, cross-case pattern evidence (Armin Ceylan).	Ontario Superior Court of Justice (Windsor); Justice Maria Carochio	2026-01-27	REJECTED WITHOUT JUDICIAL REVIEW Emergency application not forwarded to judge for review. Rejection issued by court administrator. Ontario law requires mandatory judicial review of habeas corpus applications — duty breached.
12	2026-01	Criminal complaint filed Complaint filed alleging: obstruction of justice (s.139), spoliation, perjury (s.131), breach of trust (s.122), conspiracy (s.21).	Ontario Provincial Police (OPP)	Pending	INVESTIGATION OPENED OPP has received full evidence package. Investigation ongoing.
13	2026-01-28	Criminal complaint — federal jurisdiction Complaint filed alleging: wrongful rendition, Vienna Convention violations, cross-border conspiracy.	Royal Canadian Mounted Police (RCMP)	Pending	PHYSICAL DELIVERY SCHEDULED Complete evidence package (USB, documents, recordings) being delivered physically.
14	2026-01-28	Second Emergency Habeas Corpus Application Re-filed with additional evidence of first application's improper rejection.	Ontario Superior Court of Justice (Windsor)	2026-01-29 (expected)	PENDING Response expected January 29, 2026.

PART II: JUSTIFICATION — WHY DOMESTIC REMEDIES ARE EXHAUSTED, UNAVAILABLE, OR INEFFECTIVE

The Complainant submits that domestic remedies have been exhausted, and to the extent any theoretical remedies remain, they are unavailable, ineffective, and/or unduly prolonged for the following reasons:

A. REMEDIES ARE UNAVAILABLE

Habeas corpus applications are being rejected without judicial review.
Ontario law mandates that Emergency Habeas Corpus applications receive immediate judicial review (Habeas Corpus Act; Charter s.10(c)). The Complainant's application was rejected by administrative staff without being forwarded to a judge. This denial of access to the courts renders the remedy unavailable.
Evidence necessary to pursue remedies has been destroyed.
79 files were destroyed within 14 days of case dismissal, violating the 2-year minimum retention schedule. Per SS&C Technologies Holdings v. St. Paul Fire and Marine Insurance Co., 2024 ONCA 675, spoliation triggers automatic adverse inference. The State has destroyed the evidence needed to pursue or defend any claim.
Legal aid has been denied.
The Complainant is indigent and cannot afford private counsel. Legal Aid Ontario rejected the application. Without legal representation, meaningful access to higher courts (Court of Appeal, Supreme Court of Canada) is practically unavailable.
The Complainant's legal status is unresolved.
Toronto Correctional states "no active matters pending at Windsor." Windsor states "no active criminal matters pending at Windsor." Yet no release documentation exists. The Complainant was denied bail in 2005 and has never been formally released. He is currently in Tampa, Florida (1,500+ miles from Windsor) without a passport or release papers. This legal limbo — technically still a prisoner under Canadian law — prevents pursuit of ordinary remedies.

B. REMEDIES ARE INEFFECTIVE

100% dismissal rate at the Law Society of Ontario.
The Complainant filed 249 complaints over 21 years. All 249 were dismissed. The statistical probability of this occurring by chance (assuming a fair 50% baseline) is less than 1 in 10¹⁰⁵. This demonstrates that the oversight body is part of the systemic obstruction, not a remedy for it.
Pattern of coordinated obstruction across institutions.
The evidence demonstrates coordination between Windsor Police, the Crown Attorney's Office, the Law Society of Ontario, the courts, and correctional services. When all institutions that should provide remedies are participants in the violation, no effective domestic remedy exists.
Judges are consulting destroyed records and adding qualifiers.
Justice Maria Carochio stated "no active criminal matters pending at Windsor" — a careful qualifier that implies matters pending elsewhere. She also stated she consulted "our records" — but the Crown claims all records were destroyed (spoliation). Either records exist (Crown lied) or they don't (Judge fabricated). This internal contradiction demonstrates the remedy is a façade.
Cross-case pattern confirms systemic nature.
Armin Ceylan (Victim #6) has been detained for 50+ days without proper bail hearing. Same Crown Attorney (Ashley Dale). Same courthouse. Same tactics. Same obstruction. This is not an isolated incident but a systemic pattern that domestic remedies cannot address because the institutions providing those remedies are perpetrators.

C. REMEDIES ARE UNDULY PROLONGED

21-year duration of persecution.
The violations began in 2005 and continue to the present day (January 2026). For 21 years, the Complainant has sought justice through Canadian institutions without success. This exceeds any reasonable timeframe for domestic remedies.
Ongoing harm requires urgent intervention.
The Complainant remains in legal limbo — denied bail in 2005, never released, no documentation of release, currently in a foreign country without legal status. This ongoing arbitrary detention cannot await further prolonged domestic proceedings.
Active co-victim in custody.
Armin Ceylan is currently detained (50+ days) under the same pattern of abuse. Waiting for domestic remedies to resolve over additional years will result in continued arbitrary detention of multiple victims.

PART III: REMAINING THEORETICAL REMEDIES AND WHY THEY ARE INEFFECTIVE

Theoretical Remedy	Why Unavailable/Ineffective
Ontario Court of Appeal	Requires legal representation (LAO denied). Requires underlying decision to appeal (habeas corpus rejected without judicial review — no decision to appeal). Appeals take 1-3 years — unduly prolonged given 21-year duration and ongoing detention.
Supreme Court of Canada	Requires leave to appeal (discretionary — less than 10% granted). Requires legal representation. Takes 2-4 years. The Court has not intervened despite Dorsey v. Canada (2025 SCC 38) establishing relevant precedent — lower courts ignore it.
Federal Court of Canada	Limited jurisdiction — primarily immigration/federal administrative matters. The core violations (wrongful detention, fabricated charges) are provincial criminal matters. Federal Court cannot provide habeas corpus for provincial detention.
Civil lawsuit	Requires legal representation (LAO denied). Takes 3-7 years to resolve. Evidence has been destroyed (spoliation) — cannot prove case without evidence State destroyed. Limitation periods may have expired for 2005 matters. Does not address ongoing arbitrary detention.
OIPRD (Police Complaints)	OIPRD has blocked Complainant's emails after reviewing content — content-triggered suppression. Institutional participant in obstruction. Not an independent remedy.
Criminal prosecution of perpetrators	Private prosecutions require judicial authorization — same judiciary that rejected habeas corpus. Crown controls public prosecutions — same Crown Attorney's Office that destroyed evidence and obstructed justice. OPP/RCMP investigations ongoing but historically ineffective against institutional perpetrators.

PART IV: TIMELINESS OF THIS COMMUNICATION

Applicable Time Limit: CCPR — 5 years from exhaustion of domestic remedies

Latest domestic decision	January 27, 2026 — Habeas Corpus rejected without judicial review
Date of this communication	January 28, 2026
Time elapsed	1 day
Status	WELL WITHIN 5-YEAR LIMIT

This communication is submitted immediately following the latest denial of domestic remedy. The violations are ongoing. Delay would result in continued arbitrary detention and potential additional victims (Armin Ceylan currently detained).

CONCLUSION

The Complainant has pursued domestic remedies for 21 years (2005–2026). He has:

Defended criminal charges (twice)
Filed 249 complaints with the Law Society of Ontario (100% dismissed)
Applied for Legal Aid (denied)
Filed Emergency Habeas Corpus (rejected without judicial review)
Filed complaints with OPP and RCMP (ongoing)
Sought release documentation (none produced)

Despite these efforts, the Complainant remains in legal limbo — denied bail in 2005, never released, no documentation of release, currently 1,500+ miles from the place of detention without passport or release papers. This constitutes ongoing arbitrary detention.

The Complainant respectfully submits that domestic remedies have been exhausted, and to the extent any remain, they are unavailable, ineffective, and unduly prolonged. International intervention by the UN Human Rights Committee is the only remaining avenue for justice.

Respectfully submitted,

Francesco Giovanni Longo

Complainant

Email: [email protected]
Phone: 226-260-6399
Current Location: Tampa, Florida, United States

Date: January 28, 2026

UN HUMAN RIGHTS COMMITTEE (CCPR)

Exhaustion of Domestic Remedies — Individual Communication