The Khadr family have long been associated with Al Qaeda and the Canadian family are far from popular in Canada. Unlike other countries the Canadian government has done nothing to have Omar Khadr repatriated from Guantanamo. They sat back and let someone who was a child soldier when captured by the U.S. in 20002 in a firefight in Afghanistan stay in Guantanamo for a decade now. In fact the Canadian government said nothing about his treatment that included what amounted to torture nor the fact that he was tried by a military tribunal.
Although he and his comrades were under attack Khadr was charged with throwing a grenade and killing an American soldier, The U.S. justifies holding Khadr and others indefinitely because there is a state of active hostilities between the U.S. and terrorist linked groups. Of course Obama does not call this the war on terror as Bush did but the legal justification is the same. Usually in such armed conflicts fighters on both sides would not be charged when in battle if they kill people on the other side. However in the legal mumbo jumbo used by the U.S. people like Khadr who fight without uniforms and not as part of a recognized force are unprivileged belligerents and if they kill their enemies even if they are soldiers can be charged with murder. This is what happened to Khadr. Theoretically CIA drone operatives are in the same legal position. This has been pointed out as a problem by lawyers. Of course the difference is that CIA operatives are not likely to be caught and tried!
To add insult to injury he was also a child soldier at the time. In fact he was badly wounded and would have been finished off as was a comrade who may have thrown the grenade except that an officer thought that Khadr might have useful information.
Usually Canada does what the U.S. wants. This was the case with Abdullah Rahman who was arrested at the request of the U.S. when he returned to Canada. From this site:""Abdullah Khadr
(born 1981), a son who returned to Canada in 2005, was arrested on
behalf of the United States and held for 5 years while an extradition
request was reviewed. Ontario Superior Court ordered him released in
2010 citing "shocking and unjustifiable" human rights violations." One son Abdurahman Khadr no doubt regarded by the family as their black sheep worked for the CIA and gave numerous interviews with the press.
Omar Khadr has been held at Guantanamo for almost ten years now. The U.S. has agreed to have him serve the rest of his sentence in Canada. An article here gives six reasons why he should be transferred to Canada. I will deal only with two.
Since Khadr is a Canadian citizen he has the right to enter and remain in Canada. A Federal Court cited this right in another prison transfer case. The U.S. is waiting for Canada to consent. In this case the U.S. is not the holdup it is the Canadian Harper government.
Secondly Khadr committed the alleged offenses when he was still a child and was 15 when captured. Both Canada and the U.S. have signed the Optional UN Protocol on the rights of the child that set 18 as the age for participation in hostilities. Child soldiers are to be psychologically and physically rehabilitated and reintegrated into society. Of course neither the U.S. nor Canada has paid the slightest attention to this aspect of the case. Perhaps one reason Harper does not want him here is that there will be demands that he be treated as a child soldier. This could be politically inconvenient for Harper. For much more of this whole travesty of justice see the full article.
Showing posts with label Omar Khadr in Guantanamo.. Show all posts
Showing posts with label Omar Khadr in Guantanamo.. Show all posts
Saturday, July 7, 2012
Monday, May 10, 2010
Obama administration demands Amnesia from Reporters.
Of course the judge did not want Interrogator # 1 associated with Joshua Claus because of Claus' spotty record. The judge demanded that the reporters play by the rules of keeping such unpleasant information hidden from the public. There was no security issue here so applying the rule was not to protect security. Applying the rule was to avoid damaging information from getting out to the public. Hence the reporters had to disciplined. This is from the huffington post.
Dan Froomkin
Obama Administration Demands Amnesia From Reporters Covering Gitmo
Jack Newfield, the legendary investigative reporter, once wrote that if government officials had their way, journalists would be "stenographers with amnesia."
The "amnesia" part, at least, was generally considered a bit of an exaggeration.
But now, the Pentagon has banned four reporters from covering the military commissions at Guantanamo Bay, Cuba, because they refused to forget something that had already been reported to the world.
The four reporters were covering military commission hearings at which defense attorneys for Canadian detainee Omar Khadr argued that confessions he made as a gravely wounded 15-year-old shouldn't be admissible in his upcoming trial because they were made under duress.
And indeed, witnesses earlier this week described how Khadr's interrogation began when he was still sedated and lying wounded on a stretcher. A medic testified that he once found Khadr chained by his arms to the door of his cage-like cell, hooded and in tears
But the defense's star witness, on Thursday, was the first U.S. Army interrogator to question Khadr. The interrogator admitted that in an attempt to get Khadr to talk, he told the boy a "fictitious" tale of an Afghan youth who was gang-raped in an American prison and died.
And it wasn't just what he said that was significant, it was also who he was. The interrogator was Army Sgt. Joshua Claus, who pleaded guilty in September 2005 to mistreatment and assault of detainees at the Bagram prison in Afghanistan.
Claus was a central figures in the interrogation of an Afghan taxi driver named Dilawar whose death in U.S. custody in 2002 was ruled a homicide by military investigators and was the subject of a New York Times investigation and the Oscar-winning documentary, "Taxi to the Dark Side".
The military judge presiding over the hearing insisted that Claus's name was protected information, and that he should only be referred to as Interrogator # 1.
But since it was already public record that Claus was Khadr's first interrogator -- and he'd even given an interview last year about his desire to testify -- the four reporters used his name in their Wednesday reports, previewing his testimony.
That was enough to get them thrown off the island.
"That reporters are being punished for disclosing information that has been publicly available for years is nothing short of absurd," Jameel Jaffer, deputy legal director for the American Civil Liberties Union, said in a statement. "Any gag order that covers this kind of information is not just overbroad but nonsensical. Plainly, no legitimate government interest is served by suppressing information that is already well known. "
The decision was announced by Col. Dave Lapan, the Pentagon's director of press operations. He emailed the four news organizations that they could send other reporters to cover military commissions in the future, but that another violation would get their organizations banned entirely.
The decision Is being appealed.
"The company lawyers are looking at the ground rules, the timing of this, and Carol's reporting, in preparation for appealing this decision," said John Walcott, Washington bureau chief for McClatchy Newspapers. Carol Rosenberg, one of the four banned reporters, works for McClatchy's Miami Herald.
The other three reporters are Michelle Shephard of the Toronto Star, Paul Koring of Toronto's Globe and Mail and Steven Edwards of CanWest Newspapers.
"I'm not sure I understand the logic of trying to redact a name that has been in public for some time, of a man who has granted at least one major interview, and been convicted and sentenced," Walcott told HuffPost.
"I hope that this decision is about what the Pentagon said it's about, and that is an attempt to protect a witness -- and not about some of the embarrassing testimony that emerged in the tribunal this week.
"I also hope it is not intended to have a chilling effect of tribunals going forward," he said. "It won't on us... In fact, it may have the opposite effect."
John Stackhouse, editor in chief of the Globe and Mail, was also skeptical. "Banning the information now -- when it is already known around the world -- serves no apparent purpose other than to raise more questions about the credibility of the Guantanamo courts," he said in a statement.
Khadr was shot twice in the back during a Special Forces raid on a suspected al Qaida compound in Afghanistan. He confessed under interrogation to having thrown a hand grenade that killed U.S. Army Sgt. 1st Class Christopher Speer, 28, and has been charged with murder as a war crime and conspiring with al Qaida. Khadr is now 23.
Claus gave an interview to Michelle Shepard of the Toronto Star (one of the four banished reporters) in March 2008. Shepard wrote:
A former U.S. soldier who spent weeks interrogating Omar Khadr says he wants to testify before a Guantanamo Bay court and rejects any accusations that he harshly treated the Canadian detainee.
In the first interview he has given since leaving the army, Joshua Claus told the Toronto Star that he feels he has been unfairly portrayed concerning his work as an interrogator at the U.S. base in Bagram, Afghanistan.
"They're trying to imply I'm beating or torturing everybody I ever talked to," Claus said by telephone yesterday. "I really don't care what people think of me. I know what I did and I know what I didn't do."
Shepard also reported in that story:
Khadr's lawyers fought to get access to Claus at a Guantanamo hearing earlier this month after the prosecution had dropped him from a previous witness list.
Navy Lt.-Cmdr. Bill Kuebler accused the prosecution of trying to hide Claus' identity because he had been involved in the interrogation of an Afghan detainee who died in U.S. custody.
Nancy A. Youssef reported Thurdsay for McClatchy Newspapers:
On Wednesday, the judge in the case, Col. Patrick Parrish, reminded reporters that even though Claus' name was public, a protective order intended to keep him anonymous applied to journalists as well.
Rosenberg's report that day included the following sentences: "Canadian reports have identified that interrogator as Army Sgt. Joshua Claus, who pleaded guilty in September 2005 to mistreatment and assault of detainees at Bagram. He was sentenced to five months in jail."
Rosenberg said her story was filed before the judge's warning. She said Claus' name had already been revealed.
"All I did was report what was in the public domain," Rosenberg said....
Pentagon officials said it didn't matter that Claus' name was already widely known.
"If his name was out there, it was not related to this hearing. Identifying him with Interrogator No. 1 was the problem," Lapan said.
"The judge shouldn't have had to remind them. The stories that appeared before violated the rules."
The Reporters Committee for Freedom of the Press on Friday announced it is seeking a meeting with Department of Defense officials to discuss the banishment. The committee also notes that the president judge had previously insisted that a video of an interrogation of Khadr be played in a closed session with no spectators, despite the video's availability to the public on YouTube.
President Obama severely criticized the Bush administration's military commissions during his presidential campaign, and immediately suspended them upon taking office. But five months later, he reopened the door to their use, and now they're up and running again.
The White House is widely expected to overrule Attorney General Eric Holder's decision to try the highest-profile terror suspects, including alleged 9/11 mastermind Khalid Sheikh Muhammad, in federal court, and send them to military commissions instead. Holder, for his part, is gamely trying to defend military commissions to skeptics.
But nothing says "kangaroo court" quite like banning the free press.
*************************
Dan Froomkin is senior Washington correspondent for the Huffington Post. You can send him an e-mail, bookmark his page; subscribe to RSS feed, follow him on Twitter, friend him on Facebook, and/or become a fan and get e-mail alerts when he writes.
Dan Froomkin
Obama Administration Demands Amnesia From Reporters Covering Gitmo
Jack Newfield, the legendary investigative reporter, once wrote that if government officials had their way, journalists would be "stenographers with amnesia."
The "amnesia" part, at least, was generally considered a bit of an exaggeration.
But now, the Pentagon has banned four reporters from covering the military commissions at Guantanamo Bay, Cuba, because they refused to forget something that had already been reported to the world.
The four reporters were covering military commission hearings at which defense attorneys for Canadian detainee Omar Khadr argued that confessions he made as a gravely wounded 15-year-old shouldn't be admissible in his upcoming trial because they were made under duress.
And indeed, witnesses earlier this week described how Khadr's interrogation began when he was still sedated and lying wounded on a stretcher. A medic testified that he once found Khadr chained by his arms to the door of his cage-like cell, hooded and in tears
But the defense's star witness, on Thursday, was the first U.S. Army interrogator to question Khadr. The interrogator admitted that in an attempt to get Khadr to talk, he told the boy a "fictitious" tale of an Afghan youth who was gang-raped in an American prison and died.
And it wasn't just what he said that was significant, it was also who he was. The interrogator was Army Sgt. Joshua Claus, who pleaded guilty in September 2005 to mistreatment and assault of detainees at the Bagram prison in Afghanistan.
Claus was a central figures in the interrogation of an Afghan taxi driver named Dilawar whose death in U.S. custody in 2002 was ruled a homicide by military investigators and was the subject of a New York Times investigation and the Oscar-winning documentary, "Taxi to the Dark Side".
The military judge presiding over the hearing insisted that Claus's name was protected information, and that he should only be referred to as Interrogator # 1.
But since it was already public record that Claus was Khadr's first interrogator -- and he'd even given an interview last year about his desire to testify -- the four reporters used his name in their Wednesday reports, previewing his testimony.
That was enough to get them thrown off the island.
"That reporters are being punished for disclosing information that has been publicly available for years is nothing short of absurd," Jameel Jaffer, deputy legal director for the American Civil Liberties Union, said in a statement. "Any gag order that covers this kind of information is not just overbroad but nonsensical. Plainly, no legitimate government interest is served by suppressing information that is already well known. "
The decision was announced by Col. Dave Lapan, the Pentagon's director of press operations. He emailed the four news organizations that they could send other reporters to cover military commissions in the future, but that another violation would get their organizations banned entirely.
The decision Is being appealed.
"The company lawyers are looking at the ground rules, the timing of this, and Carol's reporting, in preparation for appealing this decision," said John Walcott, Washington bureau chief for McClatchy Newspapers. Carol Rosenberg, one of the four banned reporters, works for McClatchy's Miami Herald.
The other three reporters are Michelle Shephard of the Toronto Star, Paul Koring of Toronto's Globe and Mail and Steven Edwards of CanWest Newspapers.
"I'm not sure I understand the logic of trying to redact a name that has been in public for some time, of a man who has granted at least one major interview, and been convicted and sentenced," Walcott told HuffPost.
"I hope that this decision is about what the Pentagon said it's about, and that is an attempt to protect a witness -- and not about some of the embarrassing testimony that emerged in the tribunal this week.
"I also hope it is not intended to have a chilling effect of tribunals going forward," he said. "It won't on us... In fact, it may have the opposite effect."
John Stackhouse, editor in chief of the Globe and Mail, was also skeptical. "Banning the information now -- when it is already known around the world -- serves no apparent purpose other than to raise more questions about the credibility of the Guantanamo courts," he said in a statement.
Khadr was shot twice in the back during a Special Forces raid on a suspected al Qaida compound in Afghanistan. He confessed under interrogation to having thrown a hand grenade that killed U.S. Army Sgt. 1st Class Christopher Speer, 28, and has been charged with murder as a war crime and conspiring with al Qaida. Khadr is now 23.
Claus gave an interview to Michelle Shepard of the Toronto Star (one of the four banished reporters) in March 2008. Shepard wrote:
A former U.S. soldier who spent weeks interrogating Omar Khadr says he wants to testify before a Guantanamo Bay court and rejects any accusations that he harshly treated the Canadian detainee.
In the first interview he has given since leaving the army, Joshua Claus told the Toronto Star that he feels he has been unfairly portrayed concerning his work as an interrogator at the U.S. base in Bagram, Afghanistan.
"They're trying to imply I'm beating or torturing everybody I ever talked to," Claus said by telephone yesterday. "I really don't care what people think of me. I know what I did and I know what I didn't do."
Shepard also reported in that story:
Khadr's lawyers fought to get access to Claus at a Guantanamo hearing earlier this month after the prosecution had dropped him from a previous witness list.
Navy Lt.-Cmdr. Bill Kuebler accused the prosecution of trying to hide Claus' identity because he had been involved in the interrogation of an Afghan detainee who died in U.S. custody.
Nancy A. Youssef reported Thurdsay for McClatchy Newspapers:
On Wednesday, the judge in the case, Col. Patrick Parrish, reminded reporters that even though Claus' name was public, a protective order intended to keep him anonymous applied to journalists as well.
Rosenberg's report that day included the following sentences: "Canadian reports have identified that interrogator as Army Sgt. Joshua Claus, who pleaded guilty in September 2005 to mistreatment and assault of detainees at Bagram. He was sentenced to five months in jail."
Rosenberg said her story was filed before the judge's warning. She said Claus' name had already been revealed.
"All I did was report what was in the public domain," Rosenberg said....
Pentagon officials said it didn't matter that Claus' name was already widely known.
"If his name was out there, it was not related to this hearing. Identifying him with Interrogator No. 1 was the problem," Lapan said.
"The judge shouldn't have had to remind them. The stories that appeared before violated the rules."
The Reporters Committee for Freedom of the Press on Friday announced it is seeking a meeting with Department of Defense officials to discuss the banishment. The committee also notes that the president judge had previously insisted that a video of an interrogation of Khadr be played in a closed session with no spectators, despite the video's availability to the public on YouTube.
President Obama severely criticized the Bush administration's military commissions during his presidential campaign, and immediately suspended them upon taking office. But five months later, he reopened the door to their use, and now they're up and running again.
The White House is widely expected to overrule Attorney General Eric Holder's decision to try the highest-profile terror suspects, including alleged 9/11 mastermind Khalid Sheikh Muhammad, in federal court, and send them to military commissions instead. Holder, for his part, is gamely trying to defend military commissions to skeptics.
But nothing says "kangaroo court" quite like banning the free press.
*************************
Dan Froomkin is senior Washington correspondent for the Huffington Post. You can send him an e-mail, bookmark his page; subscribe to RSS feed, follow him on Twitter, friend him on Facebook, and/or become a fan and get e-mail alerts when he writes.
Tuesday, January 13, 2009
Khadr lawyer calls upon Canada to seek repatriation of Khadr.
Of course Harper has so far adamantly refused to ask for Khadr's repatriation and has shown complete confidence in the military tribunal process. Now Harper may be forced to do something. The trial that Bush and Harper seem to devoutly desire will no doubt be halted as part of the order to close Guantanamo and a process set up such as Kuebler describes in this article.
To redeem his credentials among the leftists who gave him strong support Obama needs a gesture such as this. It will also help restore some degree of credibility internationally. Obama needs liberal left support to pursue his idealistic imperialism evident in his posture on Afghanistan. Bush used the same thread of supporting freedom, democracy, human rights etc. but Guantanamo tended to undermine that ideological thread among many.
CTV.ca News Staff Updated: Tue. Jan. 13 2009 7:59 AM ET
Omar Khadr's lawyers are calling on Canada to do the right thing by seeking the repatriation of the Canadian citizen who has spent much of his youth in the Guantanamo Bay detention centre.
U.S. president-elect Barack Obama has said he plans to close the controversial jail in Cuba, some time after his inauguration next week.
Khadr, 22, is the only Western prisoner still remaining in Guantanamo. Prime Minister Stephen Harper has steadfastly refused to request that Khadr, who was arrested in Afghanistan when he was just 15, be sent back to Canada to face trial here.
"It is time I think finally for the prime minister to really pay attention to the situation and do something responsible here," Khadr's Pentagon lawyer, Lt.-Cmdr. Bill Kuebler, told CTV's Canada AM on Tuesday.
The Toronto-born Khadr is charged with killing a U.S. soldier in Afghanistan when he was 15 -- a child soldier, according to Kuebler.
He said he expects Obama to issue an executive order on the first or second day of his presidency, to close Guantanamo within a set timeframe.
That would likely trigger a case-by-case review of the remaining detainees to determine whether they should stand trial in the U.S. or be sent to their home countries, Kuebler said.
He called on Canada to take an active role, now.
"I think this latest news really puts the ball in the court of the Canadian government to finally step up and be part of the solution to this problem," Kuebler said.
"I think its very clear this process is going to come to an end and now its time to figure out the right thing to do both for Omar Khadr and Canada, and make sure Omar comes back subject to some sort of arrangement that is both good for him and makes Canadians comfortable bringing him back."
Khadr's Canadian lawyer Dennis Edney said Khadr is holding up well considering the circumstances.
Edney said his client has been tortured and abused, denied a psychological assessment until just recently, and has now spent a third of his life in prison.
He also said the evidence against Khadr is weak.
"With all those factors in place the Obama administration may just look at this case, say it's a bad deal, and let him go home," Edney told Canada AM.
If Khadr's case is dismissed and he is released by U.S. authorities, he could simply return home on his own and Canada would be powerless to stop him, Edney suggested.
On Monday, however, Harper said Khadr's return to Canada is far from guaranteed.
Harper said his understanding is that Obama promised to close the facility due to the widespread objection that many of the detainees there haven't been charged with a crime.
Khadr, however, has been charged and his trial is set to begin on Jan. 26 at Gitmo -- just six days after Obama's inauguration on Jan. 20.
"I don't think you can necessarily leap to the conclusion that it will affect people who have in fact been charged, and who are facing a legal process. We don't know the answer to that question," Harper said.
Kuebler, however, said it would be inconsistent for Obama to close the prison at Guantanamo, but continue the legal proceedings against the detainees.
It's believed around 250 al Qaeda members are being held at Guantanamo. That includes 15 "high value detainees," considered by U.S. official to be extremely dangerous. If the prison is closed, it's unclear where these inmates would be placed, or what sort of legal process they would enter.
Also, detainees held on U.S. soil have certain legal rights that Guantanamo's inmates lack.
Those problems suggest it will take up to 100 days, or perhaps longer, to carry out the order.
Obama acknowledged the potential difficulties Sunday during an interview with ABC's "This Week."
"I think it's going to take some time and our legal teams are working in consultation with our national security apparatus as we speak to help design exactly what we need to do.
"But I don't want to be ambiguous about this," he said. "We are going to close Guantanamo and we are going to make sure that the procedures we set up are ones that abide by our constitution."
© 2008 All Rights Reserved.
To redeem his credentials among the leftists who gave him strong support Obama needs a gesture such as this. It will also help restore some degree of credibility internationally. Obama needs liberal left support to pursue his idealistic imperialism evident in his posture on Afghanistan. Bush used the same thread of supporting freedom, democracy, human rights etc. but Guantanamo tended to undermine that ideological thread among many.
CTV.ca News Staff Updated: Tue. Jan. 13 2009 7:59 AM ET
Omar Khadr's lawyers are calling on Canada to do the right thing by seeking the repatriation of the Canadian citizen who has spent much of his youth in the Guantanamo Bay detention centre.
U.S. president-elect Barack Obama has said he plans to close the controversial jail in Cuba, some time after his inauguration next week.
Khadr, 22, is the only Western prisoner still remaining in Guantanamo. Prime Minister Stephen Harper has steadfastly refused to request that Khadr, who was arrested in Afghanistan when he was just 15, be sent back to Canada to face trial here.
"It is time I think finally for the prime minister to really pay attention to the situation and do something responsible here," Khadr's Pentagon lawyer, Lt.-Cmdr. Bill Kuebler, told CTV's Canada AM on Tuesday.
The Toronto-born Khadr is charged with killing a U.S. soldier in Afghanistan when he was 15 -- a child soldier, according to Kuebler.
He said he expects Obama to issue an executive order on the first or second day of his presidency, to close Guantanamo within a set timeframe.
That would likely trigger a case-by-case review of the remaining detainees to determine whether they should stand trial in the U.S. or be sent to their home countries, Kuebler said.
He called on Canada to take an active role, now.
"I think this latest news really puts the ball in the court of the Canadian government to finally step up and be part of the solution to this problem," Kuebler said.
"I think its very clear this process is going to come to an end and now its time to figure out the right thing to do both for Omar Khadr and Canada, and make sure Omar comes back subject to some sort of arrangement that is both good for him and makes Canadians comfortable bringing him back."
Khadr's Canadian lawyer Dennis Edney said Khadr is holding up well considering the circumstances.
Edney said his client has been tortured and abused, denied a psychological assessment until just recently, and has now spent a third of his life in prison.
He also said the evidence against Khadr is weak.
"With all those factors in place the Obama administration may just look at this case, say it's a bad deal, and let him go home," Edney told Canada AM.
If Khadr's case is dismissed and he is released by U.S. authorities, he could simply return home on his own and Canada would be powerless to stop him, Edney suggested.
On Monday, however, Harper said Khadr's return to Canada is far from guaranteed.
Harper said his understanding is that Obama promised to close the facility due to the widespread objection that many of the detainees there haven't been charged with a crime.
Khadr, however, has been charged and his trial is set to begin on Jan. 26 at Gitmo -- just six days after Obama's inauguration on Jan. 20.
"I don't think you can necessarily leap to the conclusion that it will affect people who have in fact been charged, and who are facing a legal process. We don't know the answer to that question," Harper said.
Kuebler, however, said it would be inconsistent for Obama to close the prison at Guantanamo, but continue the legal proceedings against the detainees.
It's believed around 250 al Qaeda members are being held at Guantanamo. That includes 15 "high value detainees," considered by U.S. official to be extremely dangerous. If the prison is closed, it's unclear where these inmates would be placed, or what sort of legal process they would enter.
Also, detainees held on U.S. soil have certain legal rights that Guantanamo's inmates lack.
Those problems suggest it will take up to 100 days, or perhaps longer, to carry out the order.
Obama acknowledged the potential difficulties Sunday during an interview with ABC's "This Week."
"I think it's going to take some time and our legal teams are working in consultation with our national security apparatus as we speak to help design exactly what we need to do.
"But I don't want to be ambiguous about this," he said. "We are going to close Guantanamo and we are going to make sure that the procedures we set up are ones that abide by our constitution."
© 2008 All Rights Reserved.
Saturday, October 25, 2008
New Delay puts Khadr Trial in Doubt.
This is from the Star.
This will be interesting. Both Obama and McCain have said they will close Guantanamo but there might be an uproar if someone accused of killing a US soldier is simply let go. Perhaps, they might send him to Canada or try him in the United States. But McCain has said he would repatriate Khadr to Canada if asked. Surely Obama would do the same thing. There will probably be even more pressure on Harper to request his repatriation. It could be a hot potato for the Conservatives.
New delay for Khadr puts trial in doubt TheStar.com -- New delay for Khadr puts trial in doubt
Both Obama, McCain vowed to close prison at Guantanamo if elected
October 25, 2008 Michelle ShephardNational Security Reporter
GUANTANAMO BAY, CUBA–A U.S. military judge has set Jan. 26 as the new date for Omar Khadr's war crimes trial – six days after a new administration takes over the White House.
Army Col. Patrick Parrish granted the defence's request for a delay after they argued this week that they needed more time for their medical experts to assess the Canadian prisoner.
Khadr's legal team has also been complaining for months that they do not yet have all the evidence in the case or been given access to key witnesses, including some of Khadr's interrogators.
The timing of the new date now puts Khadr's trial in doubt as both Democratic presidential candidate Barack Obama and Republican John McCain have vowed to close this prison.
Obama also said he would abolish the military commissions under which Khadr is charged.
McCain helped usher in the Military Commission Act in 2006, so it's expected he would continue the trials, but perhaps order them held on U.S. soil.
But McCain also told a gathering in Ottawa earlier this year that he would repatriate Khadr if asked to do so by Canada.
Now 22, Khadr has been in U.S. custody since he was captured in Afghanistan at the age of 15.
The Pentagon has charged him with five offences, including "murder in violation of the laws of war" for allegedly throwing a grenade that fatally wounded U.S. soldier Christopher Speer.
The Toronto-born prisoner is the last Western detainee after Australia, Britain and other European governments negotiated the release of their citizens.
Prime Minister Stephen Harper has vowed not to intervene in Khadr's case despite mounting domestic and international pressure.
Speaking from Parliament Hill yesterday where she's on a hunger strike to press for her brother's repatriation, Khadr's sister, Zaynab Khadr, was upbeat about the delay in his trial.
"It's a good thing," she told The Canadian Press.
This will be interesting. Both Obama and McCain have said they will close Guantanamo but there might be an uproar if someone accused of killing a US soldier is simply let go. Perhaps, they might send him to Canada or try him in the United States. But McCain has said he would repatriate Khadr to Canada if asked. Surely Obama would do the same thing. There will probably be even more pressure on Harper to request his repatriation. It could be a hot potato for the Conservatives.
New delay for Khadr puts trial in doubt TheStar.com -- New delay for Khadr puts trial in doubt
Both Obama, McCain vowed to close prison at Guantanamo if elected
October 25, 2008 Michelle ShephardNational Security Reporter
GUANTANAMO BAY, CUBA–A U.S. military judge has set Jan. 26 as the new date for Omar Khadr's war crimes trial – six days after a new administration takes over the White House.
Army Col. Patrick Parrish granted the defence's request for a delay after they argued this week that they needed more time for their medical experts to assess the Canadian prisoner.
Khadr's legal team has also been complaining for months that they do not yet have all the evidence in the case or been given access to key witnesses, including some of Khadr's interrogators.
The timing of the new date now puts Khadr's trial in doubt as both Democratic presidential candidate Barack Obama and Republican John McCain have vowed to close this prison.
Obama also said he would abolish the military commissions under which Khadr is charged.
McCain helped usher in the Military Commission Act in 2006, so it's expected he would continue the trials, but perhaps order them held on U.S. soil.
But McCain also told a gathering in Ottawa earlier this year that he would repatriate Khadr if asked to do so by Canada.
Now 22, Khadr has been in U.S. custody since he was captured in Afghanistan at the age of 15.
The Pentagon has charged him with five offences, including "murder in violation of the laws of war" for allegedly throwing a grenade that fatally wounded U.S. soldier Christopher Speer.
The Toronto-born prisoner is the last Western detainee after Australia, Britain and other European governments negotiated the release of their citizens.
Prime Minister Stephen Harper has vowed not to intervene in Khadr's case despite mounting domestic and international pressure.
Speaking from Parliament Hill yesterday where she's on a hunger strike to press for her brother's repatriation, Khadr's sister, Zaynab Khadr, was upbeat about the delay in his trial.
"It's a good thing," she told The Canadian Press.
Wednesday, September 17, 2008
Khadr trial set to start Nov. 10
This is from the Globe and Mail.
I just wonder if election outcomes will have any impact on Khadr's fate. Somehow I doubt it. Certainly the Liberals are not likely to get in here so there will be no movement to change the situation and I just wonder if Guantanamo or Khadr will even show on the radar screen in the U.S. when there are so many more pressing issues for Americans.
Judge sets Omar Khadr's trial date for Nov. 10
OMAR EL AKKAD
September 17, 2008
Ottawa -- A judge has set Nov. 10 as the new trial date in the Omar Khadr case.
That means, at the earliest, the trial of the 21-year-old Canadian being held at Guantanamo Bay won't begin until after Canadian and U.S. elections that could have a huge impact on his fate.
Both the Pentagon and Mr. Khadr's U.S. military defence lawyer confirmed the date yesterday. However, it is unclear how realistic the date is. The defence is awaiting a ruling on whether they will be allowed to have independent medical experts evaluate Mr. Khadr.
I just wonder if election outcomes will have any impact on Khadr's fate. Somehow I doubt it. Certainly the Liberals are not likely to get in here so there will be no movement to change the situation and I just wonder if Guantanamo or Khadr will even show on the radar screen in the U.S. when there are so many more pressing issues for Americans.
Judge sets Omar Khadr's trial date for Nov. 10
OMAR EL AKKAD
September 17, 2008
Ottawa -- A judge has set Nov. 10 as the new trial date in the Omar Khadr case.
That means, at the earliest, the trial of the 21-year-old Canadian being held at Guantanamo Bay won't begin until after Canadian and U.S. elections that could have a huge impact on his fate.
Both the Pentagon and Mr. Khadr's U.S. military defence lawyer confirmed the date yesterday. However, it is unclear how realistic the date is. The defence is awaiting a ruling on whether they will be allowed to have independent medical experts evaluate Mr. Khadr.
Friday, September 12, 2008
Canadian officials frustrated in efforts to ensure care for Omar Khadr.
This is from the CanadianPress.
This shows that at least Canadian officials are trying to do something. Some Canadian officials earlier were content to let the U.S. soften up Khadr before interrogating him. Probably Harper's shameful inaction on Khadr will not be brought up much during the campaign because it is not likely a vote getter.
Canadian officials frustrated in efforts to ensure care for Omar Khadr
14 hours ago
TORONTO — A Canadian government representative complained as recently as a few months ago that her efforts to ensure proper medical and other care for Omar Khadr in Guantanamo Bay were being stymied by his American captors, newly released documents reveal.
The classified accounts of welfare visits by an official from Foreign Affairs show even simple requests to provide Khadr with a pillow, blanket or sunglasses to protect his shrapnel-damaged eyes and body foundering on apparent security concerns.
"A number of requests made both by Omar and Canadian government officials either fall through the cracks, go ignored or are not processed in a timely manner," Suneeta Millington wrote after visiting Khadr this spring.
The documents obtained by The Canadian Press were filed this week as part of the government's response to a lawsuit by Khadr's lawyers aimed at forcing Prime Minister Stephen Harper to demand the repatriation of the young Canadian.
Toronto-born Khadr, 21, held for six years at Guantanamo Bay, was slated to stand trial Oct. 8 for war crimes allegedly committed when he was 15 - but a judge on Thursday delayed its start.
The Americans accuse him of throwing a grenade that killed a U.S. medic following a four-hour bombardment and firefight of a compound in Afghanistan in July 2002.
Khadr was horribly wounded during the battle and the after-effects continue to plague him.
"Shrapnel is slowly working its way out of Omar's body," Millington reported after visiting him in June.
"The week prior to my arrival, another piece of shrapnel had pushed itself out of the skin in Omar's left ear."
The documents also show the Americans ignored Canadian entreaties as far back as 2003 to house Khadr in a juvenile detention facility.
Nate Whitling, one of Khadr's Canadian lawyers, said Thursday the documents are more evidence the Harper government has "repeatedly lied" to the Canadian public.
"As the Federal Court has held, Omar is not being treated humanely," Whitling said from Edmonton.
"He was tortured by the Americans when he was still a child and the Harper government did all it could to conceal this fact in an attempt to avoid embarrassing the Bush administration."
Although Khadr is the only western captive still held at Guantanamo Bay, Harper has steadfastly refused to get involved, arguing the military commission process underway must first run its course.
Liberal Leader Stephane Dion accused Harper at the outset of the federal election campaign of being a "proxy" for U.S. President George W. Bush.
New Democrat Leader Jack Layton said Thursday that Harper's inaction was "a stain on this country's stand on human rights."
The Foreign Affairs' accounts provide some insight into Khadr's fragile emotional state and anxiety over his pending trial.
"Six years I've been here. I've lost my childhood. What more do they want from me?" Khadr blurted out during one welfare visit.
Despite being held now as a "highly compliant detainee" in a less restrictive part of the prison, Canadian officials appeared nonplussed by some of the security concerns.
For example, efforts to supply Khadr with sunglasses to protect his highly light-sensitive eyes went nowhere.
"Both of these sunglasses have been rejected on the grounds that they might constitute a security risk," wrote Millington, who was unavailable to comment Thursday.
Jailers also cut open Khadr's new shoes even though the Canadian officials specifically bought them to meet security requirements.
Still, Khadr, who gets shackled to the floor at various times, appears to enjoy cordial relations with his jailers.
One described him as "non-radicalized" and a "good kid," while another suggested his captivity was taking a serious toll on his mental health, indicating, "We are close to losing him," the documents show.
A "voracious reader" who preferred "The Swiss Family Robinson" to "Life of Pi," Khadr has taken to learning French in efforts at filling in some of the huge gaps left in his formal education.
This shows that at least Canadian officials are trying to do something. Some Canadian officials earlier were content to let the U.S. soften up Khadr before interrogating him. Probably Harper's shameful inaction on Khadr will not be brought up much during the campaign because it is not likely a vote getter.
Canadian officials frustrated in efforts to ensure care for Omar Khadr
14 hours ago
TORONTO — A Canadian government representative complained as recently as a few months ago that her efforts to ensure proper medical and other care for Omar Khadr in Guantanamo Bay were being stymied by his American captors, newly released documents reveal.
The classified accounts of welfare visits by an official from Foreign Affairs show even simple requests to provide Khadr with a pillow, blanket or sunglasses to protect his shrapnel-damaged eyes and body foundering on apparent security concerns.
"A number of requests made both by Omar and Canadian government officials either fall through the cracks, go ignored or are not processed in a timely manner," Suneeta Millington wrote after visiting Khadr this spring.
The documents obtained by The Canadian Press were filed this week as part of the government's response to a lawsuit by Khadr's lawyers aimed at forcing Prime Minister Stephen Harper to demand the repatriation of the young Canadian.
Toronto-born Khadr, 21, held for six years at Guantanamo Bay, was slated to stand trial Oct. 8 for war crimes allegedly committed when he was 15 - but a judge on Thursday delayed its start.
The Americans accuse him of throwing a grenade that killed a U.S. medic following a four-hour bombardment and firefight of a compound in Afghanistan in July 2002.
Khadr was horribly wounded during the battle and the after-effects continue to plague him.
"Shrapnel is slowly working its way out of Omar's body," Millington reported after visiting him in June.
"The week prior to my arrival, another piece of shrapnel had pushed itself out of the skin in Omar's left ear."
The documents also show the Americans ignored Canadian entreaties as far back as 2003 to house Khadr in a juvenile detention facility.
Nate Whitling, one of Khadr's Canadian lawyers, said Thursday the documents are more evidence the Harper government has "repeatedly lied" to the Canadian public.
"As the Federal Court has held, Omar is not being treated humanely," Whitling said from Edmonton.
"He was tortured by the Americans when he was still a child and the Harper government did all it could to conceal this fact in an attempt to avoid embarrassing the Bush administration."
Although Khadr is the only western captive still held at Guantanamo Bay, Harper has steadfastly refused to get involved, arguing the military commission process underway must first run its course.
Liberal Leader Stephane Dion accused Harper at the outset of the federal election campaign of being a "proxy" for U.S. President George W. Bush.
New Democrat Leader Jack Layton said Thursday that Harper's inaction was "a stain on this country's stand on human rights."
The Foreign Affairs' accounts provide some insight into Khadr's fragile emotional state and anxiety over his pending trial.
"Six years I've been here. I've lost my childhood. What more do they want from me?" Khadr blurted out during one welfare visit.
Despite being held now as a "highly compliant detainee" in a less restrictive part of the prison, Canadian officials appeared nonplussed by some of the security concerns.
For example, efforts to supply Khadr with sunglasses to protect his highly light-sensitive eyes went nowhere.
"Both of these sunglasses have been rejected on the grounds that they might constitute a security risk," wrote Millington, who was unavailable to comment Thursday.
Jailers also cut open Khadr's new shoes even though the Canadian officials specifically bought them to meet security requirements.
Still, Khadr, who gets shackled to the floor at various times, appears to enjoy cordial relations with his jailers.
One described him as "non-radicalized" and a "good kid," while another suggested his captivity was taking a serious toll on his mental health, indicating, "We are close to losing him," the documents show.
A "voracious reader" who preferred "The Swiss Family Robinson" to "Life of Pi," Khadr has taken to learning French in efforts at filling in some of the huge gaps left in his formal education.
Friday, June 27, 2008
Judge: Treatment of Khadr described by US official violated human rights
So Canada is complicit in U.S. violation of human rights. This is hardly surprising news. Canada does this routinely as part of the joint "war on terror". Canada surely was involved in a type of rendition lite in the three cases the Iacobucci inquiry is investigating. By the way there is not a peep out of that inquiry. Their website is virtually a deadsite. The final report is now due in September I understand. Most of the inquiry is in secret and behind closed doors. Even so there will probably be some criticism by Iacobucci I imagine but little to help the three in whose name the inquiry was called.
Treatment of Khadr described by U.S. official violated human rights: judge
Last Updated: Wednesday, June 25, 2008 11:35 PM ET
CBC News
The treatment a U.S. official said Omar Khadr received at Guantanamo Bay to prepare him for an interview by a member of foreign affairs was a violation of international human rights, a Canadian federal court judge ruled on Wednesday.
Judge Richard Mosley ruled that a government document relating to the possible mistreatment of Khadr at Guantanamo Bay is part of the material that must be disclosed to his defence team lawyers. Khadr is at the U.S. naval base in Cuba awaiting trial before a military commission on charges that he murdered a U.S. army sergeant in Afghanistan in 2002, when he was 15.
Mosley said a paragraph in one of the documents, which had been blacked out by the federal government, contains information from a member of the U.S. military regarding "steps taken by Guantanamo authorities to prepare" Khadr for an interview with a Canadian foreign affairs official in March 2004.
"The practice described to the Canadian official in March 2004, was, in my view, a breach of international human rights law respecting the treatment of detainees," Mosley said.
Canada "became implicated" in violating international human rights when the foreign affairs official learned about Khadr's treatment but decided to interview him anyway, the judge said.
Mosley referred to a recent report in the U.S. describing harsh interrogation techniques used on Guantanamo detainees that would not have been permissible under American law and that are prohibited by the U.S. military.
"Canada cannot now object to the disclosure of this information. The information is relevant to the applicant's complaints of mistreatment while in detention," Mosley wrote.
Mosley's ruling follows a Supreme Court decision in May that Khadr has a constitutional right to see certain videos and documents held by Foreign Affairs, the RCMP and CSIS. The items relate to interviews Canadian officials conducted with Khadr during his detention at the U.S. naval base in Cuba in 2003 and 2004.
The Supreme Court ordered Ottawa to grant limited access to the material and gave a federal court judge the task of assessing what parts of the documents should be passed to Khadr's lawyers by determining whether they "fall within the scope of disclosure obligations."
Government lawyers said information was classified
Lawyers for the Canadian government had argued that releasing the files could jeopardize international relations and reveal classified information. They said that Canada isn't obligated to hand over the files.
Mosley said an edited version of the tapes should be handed over to Khadr's defence team. Sensitive information and the identities of officials who attended the 2003 interview must be edited out, he said.
He also ordered that five pages of the 186 pages of interview notes and witness statements that had originally been withheld be disclosed to the defence team.
Mosley left it up to Khadr's defence team to decide what material they will release to the public.
"Mr. Khadr and his counsel will be free to use the information as they see fit for the purposes of his defence, including release to the media for publication," he ruled.
Media, including the CBC, intervened at the federal court, asking for the release of the videotaped interviews by CSIS and foreign affairs officials. Lawyers argued the footage should be released in order for the public to assess how CSIS helped
Treatment of Khadr described by U.S. official violated human rights: judge
Last Updated: Wednesday, June 25, 2008 11:35 PM ET
CBC News
The treatment a U.S. official said Omar Khadr received at Guantanamo Bay to prepare him for an interview by a member of foreign affairs was a violation of international human rights, a Canadian federal court judge ruled on Wednesday.
Judge Richard Mosley ruled that a government document relating to the possible mistreatment of Khadr at Guantanamo Bay is part of the material that must be disclosed to his defence team lawyers. Khadr is at the U.S. naval base in Cuba awaiting trial before a military commission on charges that he murdered a U.S. army sergeant in Afghanistan in 2002, when he was 15.
Mosley said a paragraph in one of the documents, which had been blacked out by the federal government, contains information from a member of the U.S. military regarding "steps taken by Guantanamo authorities to prepare" Khadr for an interview with a Canadian foreign affairs official in March 2004.
"The practice described to the Canadian official in March 2004, was, in my view, a breach of international human rights law respecting the treatment of detainees," Mosley said.
Canada "became implicated" in violating international human rights when the foreign affairs official learned about Khadr's treatment but decided to interview him anyway, the judge said.
Mosley referred to a recent report in the U.S. describing harsh interrogation techniques used on Guantanamo detainees that would not have been permissible under American law and that are prohibited by the U.S. military.
"Canada cannot now object to the disclosure of this information. The information is relevant to the applicant's complaints of mistreatment while in detention," Mosley wrote.
Mosley's ruling follows a Supreme Court decision in May that Khadr has a constitutional right to see certain videos and documents held by Foreign Affairs, the RCMP and CSIS. The items relate to interviews Canadian officials conducted with Khadr during his detention at the U.S. naval base in Cuba in 2003 and 2004.
The Supreme Court ordered Ottawa to grant limited access to the material and gave a federal court judge the task of assessing what parts of the documents should be passed to Khadr's lawyers by determining whether they "fall within the scope of disclosure obligations."
Government lawyers said information was classified
Lawyers for the Canadian government had argued that releasing the files could jeopardize international relations and reveal classified information. They said that Canada isn't obligated to hand over the files.
Mosley said an edited version of the tapes should be handed over to Khadr's defence team. Sensitive information and the identities of officials who attended the 2003 interview must be edited out, he said.
He also ordered that five pages of the 186 pages of interview notes and witness statements that had originally been withheld be disclosed to the defence team.
Mosley left it up to Khadr's defence team to decide what material they will release to the public.
"Mr. Khadr and his counsel will be free to use the information as they see fit for the purposes of his defence, including release to the media for publication," he ruled.
Media, including the CBC, intervened at the federal court, asking for the release of the videotaped interviews by CSIS and foreign affairs officials. Lawyers argued the footage should be released in order for the public to assess how CSIS helped
Saturday, May 31, 2008
Release of footage showing Khadr interrogation sought
This is from the Globe and Mail.
The Harper government is adamant in its support for the Guantanamo injustice system even though Canadian lawyers and many others have suggested that Khadr should be repatriated and tried in Canada. Now the Supreme Court has ruled that Khadr''s rights were violated when he was interrogated by Canadian intelligence officials. However the CSIS complains that these judicial moves threaten to remove the veil of secrecy from CSIS activities. Translated this means that the joint criminal activities of the CSIS and their US counterparts are in danger of being exposed. What next? Maybe a demand for some accountability but not likely from the Harper government.
GUANTANAMO BAY
Release of footage showing Khadr interrogation sought
Video documentation of Canadian agents' questioning has been kept secret for five years
COLIN FREEZE
May 31, 2008
Canadian intelligence agents were videotaped as they questioned a 16-year-old prisoner held in Guantanamo Bay, and a court battle is brewing to force disclosure of the footage.
A videotaped interrogation of Omar Khadr over three days, conducted seven months after he was shot and captured in Afghanistan, has been kept secret for five years. Yet efforts are under way to force government officials to release four DVDs containing the recordings that may yield insights into the secrets of the U.S. prison camp and one of Canada's more ethically fraught investigations.
"There is a strong public interest in seeing first-hand the effect this terrible ordeal has had upon a young Canadian citizen," said Nathan Whitling, a Khadr family lawyer who hopes a recent Supreme Court of Canada ruling will allow him to obtain and circulate DVDs showing the February, 2003, interviews.
The footage was publicly mentioned for the first time in a Guantanamo Bay proceeding this spring, said Mr. Whitling, a dual citizen fighting for his client in both Canada and the United States. Until then, he said, only privileged parties knew about the recordings.
The military commission prosecuting Mr. Khadr in the death of a U.S. soldier in Afghanistan may or may not air edited portions of the footage, Mr. Whitling said. But because U.S. copies are unlikely to travel from coastal Cuba or Washington agencies, he will be fighting in court to push Canadian officials to release any copies they retained.
The Globe and Mail and CTV yesterday filed a joint motion seeking to intervene and argue that the footage should be widely released. "The public disclosure, to the greatest extent possible, of the records and videotapes detailing the interviews Canadian officials had with Omar Khadr is of the utmost importance," said Peter Jacobsen, a lawyer who recently represented The Globe and Mail in a bid to reveal a $500,000 (U.S.) bounty the United States paid for the capture of one of Mr. Khadr's brothers.
The Supreme Court of Canada last week ruled that federal officials breached Omar Khadr's rights by travelling to a military prison that operates outside the continental United States. No one has ever suggested the Canadians mistreated the prisoner, but the top court found it was wrong for the agents to visit a prison camp eventually found to be "illegal under both U.S. and international law."
Because the contents of the interviews were shared with U.S. prosecutors, the Supreme Court last week ordered that Canada must now also release all relevant records to the Khadr defence. The Federal Court of Canada is to vet materials in coming weeks to make sure nothing is disclosed that compromises national security.
Canadian officials have not acknowledged they have copies of the DVDs, but will likely argue that any footage is the fruit of a sensitive intelligence investigation - and its release for public consumption could poison international intelligence relationships.
Arguments over the rights of the accused to see sensitive state information are bogging down terrorism-related prosecutions in Guantanamo Bay and beyond.
The Pentagon this week removed the U.S. military judge in the Khadr case after he threatened to suspend proceedings if prosecutors withheld evidence. The director of the Canadian Security Intelligence Service has recently complained that the "judicialization" of intelligence practices is lifting the "veil of secrecy" over agencies like CSIS.
CSIS's intelligence interviews, in general, are legally designed to be kept out of court, but this is being challenged. Today, the 21-year-old Mr. Khadr is becoming a political cause célèbre, even though his case was politically untouchable a few years ago. Still, he was held in higher esteem by security agencies for his "intelligence value."
Raised in Taliban-controlled Afghanistan, he was offered up by his father - since eulogized as a "martyr" for al-Qaeda - as a translator for insurgents. In 2002, the teen survived a 500-pound bomb blast and three bullet wounds when he was captured during the deadly battle in which he is alleged to have killed a U.S. soldier.
After Mr. Khadr was sent to Guantanamo, the Pentagon invited Canadian agents to come down to further their own investigations.
Court documents show that a CSIS official and a Department of Foreign Affairs official involved in the interviews brought gifts of Big Macs and chocolate bars to try to induce Mr. Khadr to talk. It is unclear what intelligence was garnered, but the agents did carry back some sympathy. An internal DFAIT memo described Mr. Khadr as a "thoroughly 'screwed up' young man," whose trust had been abused by just about everyone, including "his parents and grandparents, his associates in Afghanistan, and fellow detainees."
And now, Canada's top court has ruled that the agents themselves abused the trust Mr. Khadr was entitled to place in his country of citizenship, meaning the recordings of these conversations could emerge depending on what the Federal Court decides.
Images matter profoundly in the U.S.-led war on terrorism. Footage casting Mr. Khadr in a negative light has been aired on CBS's 60 Minutes. A video first recovered by the U.S. military in Afghanistan showed al-Qaeda fighters filming themselves in anticipation of a U.S. assault - and a pre-battle Mr. Khadr apparently helping to build bombs.
Meanwhile, officials at the Central Intelligence Agency are under criminal investigation for destroying videos showing how the CIA "waterboarded" three top al-Qaeda detainees to get information.
The Harper government is adamant in its support for the Guantanamo injustice system even though Canadian lawyers and many others have suggested that Khadr should be repatriated and tried in Canada. Now the Supreme Court has ruled that Khadr''s rights were violated when he was interrogated by Canadian intelligence officials. However the CSIS complains that these judicial moves threaten to remove the veil of secrecy from CSIS activities. Translated this means that the joint criminal activities of the CSIS and their US counterparts are in danger of being exposed. What next? Maybe a demand for some accountability but not likely from the Harper government.
GUANTANAMO BAY
Release of footage showing Khadr interrogation sought
Video documentation of Canadian agents' questioning has been kept secret for five years
COLIN FREEZE
May 31, 2008
Canadian intelligence agents were videotaped as they questioned a 16-year-old prisoner held in Guantanamo Bay, and a court battle is brewing to force disclosure of the footage.
A videotaped interrogation of Omar Khadr over three days, conducted seven months after he was shot and captured in Afghanistan, has been kept secret for five years. Yet efforts are under way to force government officials to release four DVDs containing the recordings that may yield insights into the secrets of the U.S. prison camp and one of Canada's more ethically fraught investigations.
"There is a strong public interest in seeing first-hand the effect this terrible ordeal has had upon a young Canadian citizen," said Nathan Whitling, a Khadr family lawyer who hopes a recent Supreme Court of Canada ruling will allow him to obtain and circulate DVDs showing the February, 2003, interviews.
The footage was publicly mentioned for the first time in a Guantanamo Bay proceeding this spring, said Mr. Whitling, a dual citizen fighting for his client in both Canada and the United States. Until then, he said, only privileged parties knew about the recordings.
The military commission prosecuting Mr. Khadr in the death of a U.S. soldier in Afghanistan may or may not air edited portions of the footage, Mr. Whitling said. But because U.S. copies are unlikely to travel from coastal Cuba or Washington agencies, he will be fighting in court to push Canadian officials to release any copies they retained.
The Globe and Mail and CTV yesterday filed a joint motion seeking to intervene and argue that the footage should be widely released. "The public disclosure, to the greatest extent possible, of the records and videotapes detailing the interviews Canadian officials had with Omar Khadr is of the utmost importance," said Peter Jacobsen, a lawyer who recently represented The Globe and Mail in a bid to reveal a $500,000 (U.S.) bounty the United States paid for the capture of one of Mr. Khadr's brothers.
The Supreme Court of Canada last week ruled that federal officials breached Omar Khadr's rights by travelling to a military prison that operates outside the continental United States. No one has ever suggested the Canadians mistreated the prisoner, but the top court found it was wrong for the agents to visit a prison camp eventually found to be "illegal under both U.S. and international law."
Because the contents of the interviews were shared with U.S. prosecutors, the Supreme Court last week ordered that Canada must now also release all relevant records to the Khadr defence. The Federal Court of Canada is to vet materials in coming weeks to make sure nothing is disclosed that compromises national security.
Canadian officials have not acknowledged they have copies of the DVDs, but will likely argue that any footage is the fruit of a sensitive intelligence investigation - and its release for public consumption could poison international intelligence relationships.
Arguments over the rights of the accused to see sensitive state information are bogging down terrorism-related prosecutions in Guantanamo Bay and beyond.
The Pentagon this week removed the U.S. military judge in the Khadr case after he threatened to suspend proceedings if prosecutors withheld evidence. The director of the Canadian Security Intelligence Service has recently complained that the "judicialization" of intelligence practices is lifting the "veil of secrecy" over agencies like CSIS.
CSIS's intelligence interviews, in general, are legally designed to be kept out of court, but this is being challenged. Today, the 21-year-old Mr. Khadr is becoming a political cause célèbre, even though his case was politically untouchable a few years ago. Still, he was held in higher esteem by security agencies for his "intelligence value."
Raised in Taliban-controlled Afghanistan, he was offered up by his father - since eulogized as a "martyr" for al-Qaeda - as a translator for insurgents. In 2002, the teen survived a 500-pound bomb blast and three bullet wounds when he was captured during the deadly battle in which he is alleged to have killed a U.S. soldier.
After Mr. Khadr was sent to Guantanamo, the Pentagon invited Canadian agents to come down to further their own investigations.
Court documents show that a CSIS official and a Department of Foreign Affairs official involved in the interviews brought gifts of Big Macs and chocolate bars to try to induce Mr. Khadr to talk. It is unclear what intelligence was garnered, but the agents did carry back some sympathy. An internal DFAIT memo described Mr. Khadr as a "thoroughly 'screwed up' young man," whose trust had been abused by just about everyone, including "his parents and grandparents, his associates in Afghanistan, and fellow detainees."
And now, Canada's top court has ruled that the agents themselves abused the trust Mr. Khadr was entitled to place in his country of citizenship, meaning the recordings of these conversations could emerge depending on what the Federal Court decides.
Images matter profoundly in the U.S.-led war on terrorism. Footage casting Mr. Khadr in a negative light has been aired on CBS's 60 Minutes. A video first recovered by the U.S. military in Afghanistan showed al-Qaeda fighters filming themselves in anticipation of a U.S. assault - and a pre-battle Mr. Khadr apparently helping to build bombs.
Meanwhile, officials at the Central Intelligence Agency are under criminal investigation for destroying videos showing how the CIA "waterboarded" three top al-Qaeda detainees to get information.
Tuesday, May 13, 2008
Dallaire: Canada losing moral standing over treatment of Omar Khadr.
Dallaire gets a bit carried away in comparing Canadian treatment of Omar Khadr to Al Qaeda! We are sinking to the level of the CIA and the Bush administration however and that is bad enough.
The Khadr family is quite infamous although the "black sheep" of the family was recruited by the CIA to spy in Guantanamo and Bosnia. See these articles:
http://www.cbc.ca/news/background/khadr/index.html
http://www.cbc.ca/news/background/khadr/alqaedafamily8.html
Harper has stonewalled on this issue but where the U.S. is concerned Harper is very reluctant to pass judgment especially against the type of conservative U.S. regime exemplified by Bush. However he did stand firm when the US tried to get him along with Day to agree that Arar was a security risk and showed them secret evidence.
I gather from some of the posts on blogs that many Canadians could care less about the treatment of anyone they think is associated with terrorism. There is probably more political gain for Harper in standing firm against terrorism as his defenders might put it rather than being soft on terrorism. Being against terrorism trumps defending human rights or basic justice.
Canada losing moral standing over treatment of Omar Khadr: Dallaire
Last Updated: Tuesday, May 13, 2008
CBC News
Canada has sunk to the moral equivalent of al-Qaeda by failing to treat Canadian Omar Khadr the same way it treats other child soldiers, Liberal Senator Roméo Dallaire said Tuesday.
Dallaire, who appeared before a foreign affairs committee on international human rights, said Khadr is clearly a child soldier who shouldn't be prosecuted by an illegal court system at Guantanamo Bay but reintegrated into society.
Canada is heading down a slippery slope by failing to obey the United Nations conventions on child soldiers to which it is a signatory, he said.
"The minute you start playing with human rights, with conventions, with civil liberties in order to say you are doing it to protect yourself … you are no better than the guy who doesn't believe in them at all," he said.
"We are slipping down the slope of going down that same route."
Now 21, Khadr has been in U.S. custody since 2002, after he was captured on an Afghan battlefield. The Pentagon says he threw a grenade that killed U.S. Sgt. Christopher Speer and are attempting to try him before the controversial military tribunals.
Dallaire, Kenney spar
In a testy exchange with Conservative MP Jason Kenney, Dallaire suggested by failing to treat Khadr as a child soldier, Canada has sunk to the moral equivalent of terrorists.
Kenney pointed to a number of al-Qaeda actions, including an incident in which the group allegedly outfitted mentally challenged young girls with explosive belts and sent them to their deaths in a Baghdad animal market.
"Is it your testimony that al-Qaeda strapping up a 14-year-old girl with Down Syndrome and sending her into a pet market to be remotely detonated is the moral equivalent to Canada's not making extraordinary political efforts for a transfer of Omar Khadr to this country?" asked Kenney.
"If you want a black and white [response] … I am only too prepared to give it to you: absolutely," said Dallaire. "You are either with the law or you are against the law. You're either a child soldier or you're not. You're either guilty or you're not."
Canada must be ready to deal with similar situations in the future, Dallaire said.
"If you think this is the last one, then we're really smoking dope because in this era, we're going to face similar scenarios and we've got to be prepared in this multi-ethnic country to handle it," he said.
Canada must protect all of its citizens, "whether we like them and their beliefs or not. That is irrelevant," he said.
Dallaire said Canadian soldiers have helped rehabilitate more than 7,000 child soldiers in Afghanistan. None of them have been prosecuted, he said.
"What is the political reason? What makes [Khadr] different from the others?" said Dallaire.
Dallaire said Khadr is being tried under an illegal judicial system at Guantanamo Bay, the U.S. prison on the eastern tip of Cuba.
"The thing is flawed, it is illegal and we're letting it happen," he said.
U.S. President George W. Bush would be "one of the happiest people on earth" if Canada removed Khadr from Guantanamo, Dallaire said.
"The way to sort it out is you get the prime minister of this country to call the president and say 'I want my boy out and we’ll fill out the paperwork after.' And that's it," said Dallaire.
Liberal Leader Stéphane Dion said he disagreed with Dallaire's choice of words and hinted the senator could be disciplined.
"This is a matter … [for] the [party] whip, and we'll deal with that," Dion told reporters.
"I would express that in my own way. I would say that Canada should do like the other countries and ask the government of the United States to bring this Canadian home to be prosecuted in Canada. The inaction of the government is unacceptable."
U.S. expert calls for action
The former U.S. prosecutor for the UN's war crimes court in Sierra Leone also called for Khadr to be returned to Canada, saying he believes Khadr is a child soldier.
"I think it's important to bring Khadr back and have his case fairly and openly considered in Canada," said David Crane, who appeared before the committee.
Crane, a law professor at Syracuse University College, said children who volunteer for military duty shouldn't be held to the same standard as adults.
"Children, any child, just doesn't have the requisite mental capability of this situation, regardless if they volunteer or not," he said.
"Children shouldn't be placed in these situations. If so, we shouldn't prosecute them for what they did," he said. "Legally, at the international level, they're not responsible for what they did. We just don't do this anymore."
Dallaire declared his intention to agitate on Khadr's behalf earlier this month, saying he would "harass" Prime Minster Stephen Harper until the government intervened in the case.
Washington maintains that the U.S. Military Commissions Act, which governs the trial process at Guantanamo Bay, doesn't have a minimum age, and is legal under international law.With files from the Canadian Press
The Khadr family is quite infamous although the "black sheep" of the family was recruited by the CIA to spy in Guantanamo and Bosnia. See these articles:
http://www.cbc.ca/news/background/khadr/index.html
http://www.cbc.ca/news/background/khadr/alqaedafamily8.html
Harper has stonewalled on this issue but where the U.S. is concerned Harper is very reluctant to pass judgment especially against the type of conservative U.S. regime exemplified by Bush. However he did stand firm when the US tried to get him along with Day to agree that Arar was a security risk and showed them secret evidence.
I gather from some of the posts on blogs that many Canadians could care less about the treatment of anyone they think is associated with terrorism. There is probably more political gain for Harper in standing firm against terrorism as his defenders might put it rather than being soft on terrorism. Being against terrorism trumps defending human rights or basic justice.
Canada losing moral standing over treatment of Omar Khadr: Dallaire
Last Updated: Tuesday, May 13, 2008
CBC News
Canada has sunk to the moral equivalent of al-Qaeda by failing to treat Canadian Omar Khadr the same way it treats other child soldiers, Liberal Senator Roméo Dallaire said Tuesday.
Dallaire, who appeared before a foreign affairs committee on international human rights, said Khadr is clearly a child soldier who shouldn't be prosecuted by an illegal court system at Guantanamo Bay but reintegrated into society.
Canada is heading down a slippery slope by failing to obey the United Nations conventions on child soldiers to which it is a signatory, he said.
"The minute you start playing with human rights, with conventions, with civil liberties in order to say you are doing it to protect yourself … you are no better than the guy who doesn't believe in them at all," he said.
"We are slipping down the slope of going down that same route."
Now 21, Khadr has been in U.S. custody since 2002, after he was captured on an Afghan battlefield. The Pentagon says he threw a grenade that killed U.S. Sgt. Christopher Speer and are attempting to try him before the controversial military tribunals.
Dallaire, Kenney spar
In a testy exchange with Conservative MP Jason Kenney, Dallaire suggested by failing to treat Khadr as a child soldier, Canada has sunk to the moral equivalent of terrorists.
Kenney pointed to a number of al-Qaeda actions, including an incident in which the group allegedly outfitted mentally challenged young girls with explosive belts and sent them to their deaths in a Baghdad animal market.
"Is it your testimony that al-Qaeda strapping up a 14-year-old girl with Down Syndrome and sending her into a pet market to be remotely detonated is the moral equivalent to Canada's not making extraordinary political efforts for a transfer of Omar Khadr to this country?" asked Kenney.
"If you want a black and white [response] … I am only too prepared to give it to you: absolutely," said Dallaire. "You are either with the law or you are against the law. You're either a child soldier or you're not. You're either guilty or you're not."
Canada must be ready to deal with similar situations in the future, Dallaire said.
"If you think this is the last one, then we're really smoking dope because in this era, we're going to face similar scenarios and we've got to be prepared in this multi-ethnic country to handle it," he said.
Canada must protect all of its citizens, "whether we like them and their beliefs or not. That is irrelevant," he said.
Dallaire said Canadian soldiers have helped rehabilitate more than 7,000 child soldiers in Afghanistan. None of them have been prosecuted, he said.
"What is the political reason? What makes [Khadr] different from the others?" said Dallaire.
Dallaire said Khadr is being tried under an illegal judicial system at Guantanamo Bay, the U.S. prison on the eastern tip of Cuba.
"The thing is flawed, it is illegal and we're letting it happen," he said.
U.S. President George W. Bush would be "one of the happiest people on earth" if Canada removed Khadr from Guantanamo, Dallaire said.
"The way to sort it out is you get the prime minister of this country to call the president and say 'I want my boy out and we’ll fill out the paperwork after.' And that's it," said Dallaire.
Liberal Leader Stéphane Dion said he disagreed with Dallaire's choice of words and hinted the senator could be disciplined.
"This is a matter … [for] the [party] whip, and we'll deal with that," Dion told reporters.
"I would express that in my own way. I would say that Canada should do like the other countries and ask the government of the United States to bring this Canadian home to be prosecuted in Canada. The inaction of the government is unacceptable."
U.S. expert calls for action
The former U.S. prosecutor for the UN's war crimes court in Sierra Leone also called for Khadr to be returned to Canada, saying he believes Khadr is a child soldier.
"I think it's important to bring Khadr back and have his case fairly and openly considered in Canada," said David Crane, who appeared before the committee.
Crane, a law professor at Syracuse University College, said children who volunteer for military duty shouldn't be held to the same standard as adults.
"Children, any child, just doesn't have the requisite mental capability of this situation, regardless if they volunteer or not," he said.
"Children shouldn't be placed in these situations. If so, we shouldn't prosecute them for what they did," he said. "Legally, at the international level, they're not responsible for what they did. We just don't do this anymore."
Dallaire declared his intention to agitate on Khadr's behalf earlier this month, saying he would "harass" Prime Minster Stephen Harper until the government intervened in the case.
Washington maintains that the U.S. Military Commissions Act, which governs the trial process at Guantanamo Bay, doesn't have a minimum age, and is legal under international law.With files from the Canadian Press
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