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 repatriating Omar Khadr. Show all posts
Showing posts with label repatriating Omar Khadr. Show all posts
Saturday, July 7, 2012
Friday, January 29, 2010
Supreme Court rules that Harper need not try to repatriate Khadr.
Although the Court did not order Harper to ask for the repatriation of Khadr it did note that Khadr's human rights were violated by Canadian officials. Of course the Harper government will just ignore this part of the ruling. No officials will suffer any penalties. Canada is the only country not to try to repatriate its citizens from Guantanamo. Khadr will be left to be tried by a US military tribunal most likely even though he should have been treated as a child soldier.
Khadr repatriation overturned by top court
By Emily Chung, CBC News
Omar Khadr shown at a U.S. military hearing in Guantanamo Bay, Cuba, in January 2009. (Canadian Press) The Supreme Court of Canada has overturned lower-court orders that the federal government must try to repatriate Toronto-born Omar Khadr from the U.S. military prison in Guantanamo Bay.
However, the top court agreed Canadian officials violated Khadr's human rights, and that he continues to be threatened by the effect of those violations.
In a unanimous decision released Friday, the court declared that Canadian officials breached Khadr's right to life, liberty and security of the person under the Charter of Rights and Freedoms.
However, it concluded that ordering the government to ask the U.S. for Khadr's repatriation to stop the continuing violation of his rights would interfere with the government's jurisdiction over foreign relations. Therefore, it chose not to issue the order, even though it had the authority to do so.
"We … leave it to the government to decide how best to respond to this judgment in light of current information, its responsibility for foreign affairs and in conformity with the charter," the ruling said.
Khadr, 23, has been imprisoned at Guantanamo Bay, Cuba, since he was arrested in Afghanistan at age 15, accused of throwing a grenade that killed a U.S. soldier. He is scheduled to be tried in July by a U.S. military court on charges of murder, conspiracy and support of terrorism.
Charter rights violated
Details of the Supreme Court ruling
The Supreme Court ruled that Section 7 of the Canadian Charter of Rights and Freedoms was breached in Omar Khadr's case, as Canadian officials contributed to the violation of his rights to life, liberty and security of the person.
It noted that CSIS officials obtained evidence from Khadr under "oppressive circumstances" during interrogations at Guantanamo Bay in 2003 and then shared that evidence with U.S. officials. The ruling said the interrogation "offends the most basic Canadian standards about the treatment of detained youth suspects," as:
Khadr was a minor and had been denied adult counsel.
He had been repeatedly deprived of sleep over a three-week period using a technique designed to make detainees more compliant.
The interrogation was designed to elicit statements about "the most serious criminal charges."
The information was to be shared with U.S. prosecutors.
The court agreed that Khadr's rights continue to be violated given the role of the information in his upcoming trial. It also concluded that bringing Khadr back to Canada would stop the violation of his rights by preventing him from facing trial.
However, it said ordering the government to demand Khadr's repatriation was not a suitable remedy for the violation of his rights as:
It gives too little weight to the government's constitutional responsibility to make decisions on matters of foreign affairs in the context of complex circumstances and Canada's national interest.
The court lacks the government's knowledge of foreign relations. "We do not know what negotiations may have taken place or will take place between the U.S. and Canadian governments over the fate of Mr. Khadr.
Therefore, the court felt it was not appropriate to give direction to the government about diplomatic steps to address the rights breaches.
Khadr's lawyers had asked for a judicial review of the government's decision not to request his repatriation. They argued that returning him to Canada would stop the violation of his human rights.
The lawyers alleged the violations were due in part to Canadian intelligence officials who interrogated him at Guantanamo Bay in 2003-04, knowing he had been repeatedly deprived of sleep, and passed the information on to U.S. officials.
The Federal Court of Canada had agreed and ordered the government to request his return in April 2009. A panel of the Court of Appeal upheld that ruling in 2-1 decision in August, prompting the government to appeal to the Supreme Court.
The Supreme Court decision doesn't prevent the government from voluntarily asking for Khadr's return. However, even if the government does make the request, there is no guarantee that U.S. officials would agree.
Nathan Whitling, Khadr's lawyer, said he didn't think Khadr would be surprised by Friday's ruling.
"He has never had a whole lot of hope in terms of the Canadian government, in any event," Whitling said.
Whitling said he doesn't expect further assistance from the Canadian government and the focus of Khadr's legal team will now shift to the trial proceedings.
Dennis Edney, another one of Khadr's lawyers, said he will be heading to Guantanamo Bay on Monday, where he will continue to negotiate with U.S. officials and inform Khadr of the ruling. Edney said that while he doesn't have faith in the Canadian government's conduct, he will try to give Khadr a more optimistic message.
"I will say that the court has the belief that ... the Canadian government has a moral conscience and will do the right thing," he said. "I will tell him, 'And that's what we have to pray and hope.'"
Meanwhile, Liberal Leader Michael Ignatieff said the ball is now in the government's court.
"The only thing it can’t do is to do nothing because the court clearly said that the rights of a Canadian citizen have been violated."
He added that the Liberals recognize that Khadr was a child soldier and had been calling for him to be brought back to Canada from the beginning.
But Edney said neither Stephen Harper's Conservative government nor the Liberal government before it did anything about Khadr's situation.
Human rights group Amnesty International echoed the opinion that the government has to respond to the ruling.
"It is not open to the Canadian government to just yawn and not take that seriously now," said Alex Neve, a spokesman for the group.
"There has to be an effective response that demonstrates that this government is prepared to stand up for rights of Canadians and is prepared to take seriously judgments of the Supreme Court of Canada, even if the court did not feel inclined to say specifically what the Canadian government has to do here."
Read more: http://www.cbc.ca/canada/story/2010/01/29/omar-khadr-supreme-court.html#ixzz0e24HpFIz
Khadr repatriation overturned by top court
By Emily Chung, CBC News
Omar Khadr shown at a U.S. military hearing in Guantanamo Bay, Cuba, in January 2009. (Canadian Press) The Supreme Court of Canada has overturned lower-court orders that the federal government must try to repatriate Toronto-born Omar Khadr from the U.S. military prison in Guantanamo Bay.
However, the top court agreed Canadian officials violated Khadr's human rights, and that he continues to be threatened by the effect of those violations.
In a unanimous decision released Friday, the court declared that Canadian officials breached Khadr's right to life, liberty and security of the person under the Charter of Rights and Freedoms.
However, it concluded that ordering the government to ask the U.S. for Khadr's repatriation to stop the continuing violation of his rights would interfere with the government's jurisdiction over foreign relations. Therefore, it chose not to issue the order, even though it had the authority to do so.
"We … leave it to the government to decide how best to respond to this judgment in light of current information, its responsibility for foreign affairs and in conformity with the charter," the ruling said.
Khadr, 23, has been imprisoned at Guantanamo Bay, Cuba, since he was arrested in Afghanistan at age 15, accused of throwing a grenade that killed a U.S. soldier. He is scheduled to be tried in July by a U.S. military court on charges of murder, conspiracy and support of terrorism.
Charter rights violated
Details of the Supreme Court ruling
The Supreme Court ruled that Section 7 of the Canadian Charter of Rights and Freedoms was breached in Omar Khadr's case, as Canadian officials contributed to the violation of his rights to life, liberty and security of the person.
It noted that CSIS officials obtained evidence from Khadr under "oppressive circumstances" during interrogations at Guantanamo Bay in 2003 and then shared that evidence with U.S. officials. The ruling said the interrogation "offends the most basic Canadian standards about the treatment of detained youth suspects," as:
Khadr was a minor and had been denied adult counsel.
He had been repeatedly deprived of sleep over a three-week period using a technique designed to make detainees more compliant.
The interrogation was designed to elicit statements about "the most serious criminal charges."
The information was to be shared with U.S. prosecutors.
The court agreed that Khadr's rights continue to be violated given the role of the information in his upcoming trial. It also concluded that bringing Khadr back to Canada would stop the violation of his rights by preventing him from facing trial.
However, it said ordering the government to demand Khadr's repatriation was not a suitable remedy for the violation of his rights as:
It gives too little weight to the government's constitutional responsibility to make decisions on matters of foreign affairs in the context of complex circumstances and Canada's national interest.
The court lacks the government's knowledge of foreign relations. "We do not know what negotiations may have taken place or will take place between the U.S. and Canadian governments over the fate of Mr. Khadr.
Therefore, the court felt it was not appropriate to give direction to the government about diplomatic steps to address the rights breaches.
Khadr's lawyers had asked for a judicial review of the government's decision not to request his repatriation. They argued that returning him to Canada would stop the violation of his human rights.
The lawyers alleged the violations were due in part to Canadian intelligence officials who interrogated him at Guantanamo Bay in 2003-04, knowing he had been repeatedly deprived of sleep, and passed the information on to U.S. officials.
The Federal Court of Canada had agreed and ordered the government to request his return in April 2009. A panel of the Court of Appeal upheld that ruling in 2-1 decision in August, prompting the government to appeal to the Supreme Court.
The Supreme Court decision doesn't prevent the government from voluntarily asking for Khadr's return. However, even if the government does make the request, there is no guarantee that U.S. officials would agree.
Nathan Whitling, Khadr's lawyer, said he didn't think Khadr would be surprised by Friday's ruling.
"He has never had a whole lot of hope in terms of the Canadian government, in any event," Whitling said.
Whitling said he doesn't expect further assistance from the Canadian government and the focus of Khadr's legal team will now shift to the trial proceedings.
Dennis Edney, another one of Khadr's lawyers, said he will be heading to Guantanamo Bay on Monday, where he will continue to negotiate with U.S. officials and inform Khadr of the ruling. Edney said that while he doesn't have faith in the Canadian government's conduct, he will try to give Khadr a more optimistic message.
"I will say that the court has the belief that ... the Canadian government has a moral conscience and will do the right thing," he said. "I will tell him, 'And that's what we have to pray and hope.'"
Meanwhile, Liberal Leader Michael Ignatieff said the ball is now in the government's court.
"The only thing it can’t do is to do nothing because the court clearly said that the rights of a Canadian citizen have been violated."
He added that the Liberals recognize that Khadr was a child soldier and had been calling for him to be brought back to Canada from the beginning.
But Edney said neither Stephen Harper's Conservative government nor the Liberal government before it did anything about Khadr's situation.
Human rights group Amnesty International echoed the opinion that the government has to respond to the ruling.
"It is not open to the Canadian government to just yawn and not take that seriously now," said Alex Neve, a spokesman for the group.
"There has to be an effective response that demonstrates that this government is prepared to stand up for rights of Canadians and is prepared to take seriously judgments of the Supreme Court of Canada, even if the court did not feel inclined to say specifically what the Canadian government has to do here."
Read more: http://www.cbc.ca/canada/story/2010/01/29/omar-khadr-supreme-court.html#ixzz0e24HpFIz
Saturday, August 9, 2008
Omar Khadr Lawyers sue PM
The Harper government will continue on its present course of never offending the U.S. or criticising rendition or the judicial process at Guantanamo even though many Canadian and International legal groups have been vociferous in their criticism of the military tribunals. The Conservatives probably think that the Canadian public cares little for the rights of anyone accused of terrorism. The Arar case was an anomaly and one that the government is bound and determined will never be repeated. The Iacobucci inquiry is a case in point. Almost the whole inquiry has been in secret and there are not even progress reports on the official website. Iacobucci has made it clear that there will be no attempt to clear the names of the three in whose names the inquiry was called. Even should Iacobucci in his report find shortcomings in conduct of officials, no one will be punished or held responsible. Indeed after the Arar inquiry some of those criticised were promoted. So much for accountability. The war on terror is in effect a licence for official wrongdoing with no recourse or accountability for the most part.
Omar Khadr lawyers sue PM
Guantanamo detainee's defence team asks court to force Harper to bring him back to Canada
Aug 09, 2008 04:30 AM
Noor Javed Staff Reporter
Lawyers for Guantanamo Bay detainee Omar Khadr filed a lawsuit yesterday to force Prime Minister Stephen Harper to intervene and repatriate the 21-year-old before he faces trial by a U.S. military tribunal in October.
"It is time for Prime Minister Harper to stand up for the rights of a Canadian citizen," said his Canadian lawyers, Dennis Edney and Nate Whitling, in a release.
A Harper spokesperson said the suit would have no bearing on current government policy. Harper has long insisted he won't get involved in the case because a legal process against Khadr is underway.
The suit's legal premise is based on Canada's obligations under international law to co-operate in the social integration and rehabilitation of children in armed conflicts.
Khadr was 15 when he was captured in 2002 after a firefight in Afghanistan. The Pentagon alleges he threw a grenade that killed an American soldier.
Khadr's lawyers had hoped that public pressure after the release of an interrogation video last month, showing the youth crying for his mother, would prompt the Canadian government to intervene.
"This is predictable," said Kory Teneycke, Harper's director of communications, of the lawsuit. "It's another attempt by Mr. Khadr's lawyers to avoid a trial, on the charges of attempted murder in violation of the laws of war, conspiracy, providing material support for terrorism, and spying."
"We have no intention of deviating from the course that we're on ...," he said. "Our position is the same as the previous Liberal government's position, that Mr. Khadr should face these charges through a judicial process, not a political one and certainly not a media one."
Whitling said taking the government to court is the only option left.
"We're getting down to the point where Omar has been in Guantanamo for upwards of six years and we think it's high time this proceeding was brought," he said.
"We were hoping it wouldn't be necessary."
In May, the Supreme Court of Canada concluded that Khadr's detention violated basic human rights norms. More recently a Canadian judge deemed Khadr's treatment by U.S authorities – including sleep deprivation – violates international prohibitions against torture.
The suit, filed in Federal Court, is modelled on ones in Australia and Great Britain. Those countries eventually repatriated their citizens from Guantanamo.
It's now Canada's turn to "do what every other Western democracy has done with respect to its own citizens," said Whitling.
Khadr is the last citizen of a Western country held at Guantanamo.
With files from The Canadian Press
Omar Khadr lawyers sue PM
Guantanamo detainee's defence team asks court to force Harper to bring him back to Canada
Aug 09, 2008 04:30 AM
Noor Javed Staff Reporter
Lawyers for Guantanamo Bay detainee Omar Khadr filed a lawsuit yesterday to force Prime Minister Stephen Harper to intervene and repatriate the 21-year-old before he faces trial by a U.S. military tribunal in October.
"It is time for Prime Minister Harper to stand up for the rights of a Canadian citizen," said his Canadian lawyers, Dennis Edney and Nate Whitling, in a release.
A Harper spokesperson said the suit would have no bearing on current government policy. Harper has long insisted he won't get involved in the case because a legal process against Khadr is underway.
The suit's legal premise is based on Canada's obligations under international law to co-operate in the social integration and rehabilitation of children in armed conflicts.
Khadr was 15 when he was captured in 2002 after a firefight in Afghanistan. The Pentagon alleges he threw a grenade that killed an American soldier.
Khadr's lawyers had hoped that public pressure after the release of an interrogation video last month, showing the youth crying for his mother, would prompt the Canadian government to intervene.
"This is predictable," said Kory Teneycke, Harper's director of communications, of the lawsuit. "It's another attempt by Mr. Khadr's lawyers to avoid a trial, on the charges of attempted murder in violation of the laws of war, conspiracy, providing material support for terrorism, and spying."
"We have no intention of deviating from the course that we're on ...," he said. "Our position is the same as the previous Liberal government's position, that Mr. Khadr should face these charges through a judicial process, not a political one and certainly not a media one."
Whitling said taking the government to court is the only option left.
"We're getting down to the point where Omar has been in Guantanamo for upwards of six years and we think it's high time this proceeding was brought," he said.
"We were hoping it wouldn't be necessary."
In May, the Supreme Court of Canada concluded that Khadr's detention violated basic human rights norms. More recently a Canadian judge deemed Khadr's treatment by U.S authorities – including sleep deprivation – violates international prohibitions against torture.
The suit, filed in Federal Court, is modelled on ones in Australia and Great Britain. Those countries eventually repatriated their citizens from Guantanamo.
It's now Canada's turn to "do what every other Western democracy has done with respect to its own citizens," said Whitling.
Khadr is the last citizen of a Western country held at Guantanamo.
With files from The Canadian Press
Thursday, August 7, 2008
A frustrated Dallaire Makes his Case in D.C.
This is from embassymag.
The media spotlight has definitely turned away from Omar Khadr at the moment. Dallaire was no doubt correct that he would get nowhere in Ottawa. It would be interesting if Dallaire were actually able to get the Americans to offer to send Khadr back to Canada. That is about as likely though as his having success in Ottawa.
A Frustrated Dallaire Makes His Case in D.C.
By Jeff DavisFrustrated that his efforts north of the 49th are being met with government indifference, Senator Romeo Dallaire has brought his fight to free Omar Khadr from Gauntanamo Bay prison to Washington. Mr. Dallaire told Chatter House that after Supreme Court decisions, Senate motions, parliamentary committee reports and letters urging Mr. Khadr's repatriation to Canada failed to force the government's hand, he felt he had exhausted all options in Ottawa. But Mr. Dallaire said he found many a sympathetic ear last week in D.C. He said American lawmakers expressed shock, disappointment and dismay that Canada would leave Mr. Khadr at Gitmo. These days, he said, the only folks in Washington who support the military prison are the isolated remnants of the Bush Administration. "They demonstrated absolute surprise," he said. "Surprise at the fact that Canada has not asked to get that guy back. They want to close the goddamned place. Even the presidential candidates want the place closed. "Their parliamentarians are surprised at what the hell we're doing: they expect us to be better than that," the former UN peacekeeping general continued. "They interpret it as going along with the Bush Administration's illegal process of prosecuting the war on terror and they are against it, and that's what they're trying to stymie." During his two-day visit to the marbled capital, Mr. Dallaire met with Mr. Khadr's U.S. Navy lawyer Lt.-Cmdr. William Kuebler and officials at the State Department. On the congressional side, the senator touched base with Democratic Massachusetts Representative William Delahunt, chair of the Subcommittee on International Organizations, Human Rights, and Oversight, and Democratic New York Representative Jerrold Nadler, chairman of the Constitution, Civil Rights, and Civil Liberties Subcommittee. Since the Harper government is hesitating, Mr. Dallaire said, he urged the Americans to "offer him up." He said that a plea bargain could clear the way for Mr. Khadr to be returned to Canada to face charges under Canada's anti-terrorism laws. To help press his case, Mr. Dallaire will be testifying before the two aforementioned committees sometime in September. Mr. Dallaire says he will make the case that the international laws protecting child soldiers are at stake.
The media spotlight has definitely turned away from Omar Khadr at the moment. Dallaire was no doubt correct that he would get nowhere in Ottawa. It would be interesting if Dallaire were actually able to get the Americans to offer to send Khadr back to Canada. That is about as likely though as his having success in Ottawa.
A Frustrated Dallaire Makes His Case in D.C.
By Jeff DavisFrustrated that his efforts north of the 49th are being met with government indifference, Senator Romeo Dallaire has brought his fight to free Omar Khadr from Gauntanamo Bay prison to Washington. Mr. Dallaire told Chatter House that after Supreme Court decisions, Senate motions, parliamentary committee reports and letters urging Mr. Khadr's repatriation to Canada failed to force the government's hand, he felt he had exhausted all options in Ottawa. But Mr. Dallaire said he found many a sympathetic ear last week in D.C. He said American lawmakers expressed shock, disappointment and dismay that Canada would leave Mr. Khadr at Gitmo. These days, he said, the only folks in Washington who support the military prison are the isolated remnants of the Bush Administration. "They demonstrated absolute surprise," he said. "Surprise at the fact that Canada has not asked to get that guy back. They want to close the goddamned place. Even the presidential candidates want the place closed. "Their parliamentarians are surprised at what the hell we're doing: they expect us to be better than that," the former UN peacekeeping general continued. "They interpret it as going along with the Bush Administration's illegal process of prosecuting the war on terror and they are against it, and that's what they're trying to stymie." During his two-day visit to the marbled capital, Mr. Dallaire met with Mr. Khadr's U.S. Navy lawyer Lt.-Cmdr. William Kuebler and officials at the State Department. On the congressional side, the senator touched base with Democratic Massachusetts Representative William Delahunt, chair of the Subcommittee on International Organizations, Human Rights, and Oversight, and Democratic New York Representative Jerrold Nadler, chairman of the Constitution, Civil Rights, and Civil Liberties Subcommittee. Since the Harper government is hesitating, Mr. Dallaire said, he urged the Americans to "offer him up." He said that a plea bargain could clear the way for Mr. Khadr to be returned to Canada to face charges under Canada's anti-terrorism laws. To help press his case, Mr. Dallaire will be testifying before the two aforementioned committees sometime in September. Mr. Dallaire says he will make the case that the international laws protecting child soldiers are at stake.
Friday, July 18, 2008
Bring Khadr Home.
Already the whole Khadr issue is beginning to disappear off the media horizon. Harper was banking on this plus the fact that many Canadians could care less about Khadr or even applaud the fact that he is being tried in Guantanamo.
This article is rather shrill in its Anti-Americanism, even moreso than me! Khadr was not the only person alive after the bombing of the compound. Another jihadi was alive but was shot, but as the article points out an officer stepped in to prevent Khadr being shot again as well. He was shot in the back already. The officer thought that Khadr would be a good intelligence asset.
Bring Omar Khadr Home
By John S. Hatch
17/07/08 "ICH" -- - Yo, Harper—this is an open letter to you.
Wait a minute. That’s no way to address the Prime Minister of a great nation.
I’ll just call you Steve. Is that ok?
I hope you had fun with your good buddy George at Rusutsu and discussed all sorts of important matters regarding poverty and the poorest of the poor. Did the caviar go down ok? That’s good.
That George is such a kidder, isn’t he? One almost forgets the indelible blood all over his hands. He introduced you to President Umaru Yar’Adua of Nigeria one of the most corrupt countries on earth. The election was massively fraudulent, just like both of George’s. “Good man,” George said. Well, it takes one to know one, I guess. But careful, Steve—Bush is down to two lapdogs now that Tony-boy is gone, he might be looking for a third, and you might be it. Being a Canus Lapus for Bush (who many consider to be in the same league as Hitler, Pol Pot and Idi Amin) can be bad for one’s political career, let alone one’s dignity. Up to you, but if you’re going to sniff around George, maybe you shouldn’t do it from the Office of Prime Minister.
But that’s not why I’m writing, Steve.
About six years ago Omar Khadr, a Canadian citizen then fifteen years old, was captured by American troops in Ayub Kheyl Afghanistan. After dropping five-hundred pound bombs on the house in which he and others were hiding, Khadr was shot three times in the back.
An American soldier prepared to murder him, but was restrained by a superior.
An American died in the previous fighting, and as Khadr was the only ‘insurgent’ survivor, it became convenient to blame him for the killing, although no evidence of this was forthcoming.
Under international law and convention, a fifteen year old cannot be considered a soldier (much less an ‘unlawful combatant’ which has no legal standing whatsoever), and cannot be held or tried for war crimes.
Nevertheless, Mr. Khadr was imprisoned first at Bagram Air Force Base in Afghanistan, then at Quantanamo in Cuba.
Over the six year period of his confinement, Mr. Khadr has undergone numerous forms of torture. These include but are not restricted to:
Being hung from a doorframe for hours in spite of his wounds;
Being ‘short-shackled’ in painful positions for hours;
Being sleep-deprived for twenty-one days in preparation for interrogation by Canada’s own CSIS (which then turned over information it gained to the Americans);
Being held in solitary confinement for long periods;
Being repeatedly threatened with rape.
He was interrogated by Joshua Claus who was removed after killing another prisoner named Dilawar. He beat him to death. Dilawar was later found to be completely innocent.
As far as a fair trial is concerned, the Department of Justice already directed that there be no not-guilty findings. Even military lawyers on both sides have described the process as a sham that makes Stalin’s show-trials look positively fair. The government has admitted that in many cases there will never be a hearing, and the prisoners will never be released. Better to bury them than admit to mistakes.
Steve, other civilized nations such as Britain, Australia, Germany, etc. have intervened with the US to save their citizens from America’s illegal deadly clutches. Children have been raped with various implements by American troops, CIA, or mercenaries.
Children have been taken and held as hostages, and sometimes tortured. Many other people have been tortured to death or otherwise murdered. In some cases prisoners were tortured for long periods so that their screams would serve to sleep-deprive others. Two birds with one stone, so to speak, good ol’ American ingenuity. If some poor soul manages to end his misery by committing suicide, it’s considered ‘an asymmetrical act of war’. We know, and even the Americans admit that many of the people imprisoned at known sites (and this includes an estimated 2500 children as young as nine) are completely innocent. It would follow that innocent people are also being held at the so-called ‘black’ sites. In spite of all this and the atrocities at Quantanamo Bay, your government has steadfastly refused to intervene in Mr. Khadr’s case, even when being urged to by Amnesty International, UNICEF, the Canadian Bar Association, and others. You even tried to blame the previous government for Mr. Khadr’s predicament. That was pretty unconvincing, and even cowardly.
As with so many people caught up in America’s self-induced hysteria, Mr. Khadr’s imprisonment is illegal. His torture is not only illegal, but despicable, and offends and threatens every value we hold dear as Canadians.
Steve, to paraphrase a not very great man, ‘You’re either with us or you’re with the evildoers’. In trying to wash your hands of the imprisonment and torture of Omar Khadr, an innocent Canadian, you’ve made it clear who your friends are. History may judge harshly. I hope so. A Prime Minister who countenances illegal detention and torture because his ‘friend’ is the perpetrator is one who has abdicated his responsibility, and does not represent me.
Have a nice day.
John S. Hatch is a Vancouver writer & film-maker. http://www.freakishlyfinefilms.com/
This article is rather shrill in its Anti-Americanism, even moreso than me! Khadr was not the only person alive after the bombing of the compound. Another jihadi was alive but was shot, but as the article points out an officer stepped in to prevent Khadr being shot again as well. He was shot in the back already. The officer thought that Khadr would be a good intelligence asset.
Bring Omar Khadr Home
By John S. Hatch
17/07/08 "ICH" -- - Yo, Harper—this is an open letter to you.
Wait a minute. That’s no way to address the Prime Minister of a great nation.
I’ll just call you Steve. Is that ok?
I hope you had fun with your good buddy George at Rusutsu and discussed all sorts of important matters regarding poverty and the poorest of the poor. Did the caviar go down ok? That’s good.
That George is such a kidder, isn’t he? One almost forgets the indelible blood all over his hands. He introduced you to President Umaru Yar’Adua of Nigeria one of the most corrupt countries on earth. The election was massively fraudulent, just like both of George’s. “Good man,” George said. Well, it takes one to know one, I guess. But careful, Steve—Bush is down to two lapdogs now that Tony-boy is gone, he might be looking for a third, and you might be it. Being a Canus Lapus for Bush (who many consider to be in the same league as Hitler, Pol Pot and Idi Amin) can be bad for one’s political career, let alone one’s dignity. Up to you, but if you’re going to sniff around George, maybe you shouldn’t do it from the Office of Prime Minister.
But that’s not why I’m writing, Steve.
About six years ago Omar Khadr, a Canadian citizen then fifteen years old, was captured by American troops in Ayub Kheyl Afghanistan. After dropping five-hundred pound bombs on the house in which he and others were hiding, Khadr was shot three times in the back.
An American soldier prepared to murder him, but was restrained by a superior.
An American died in the previous fighting, and as Khadr was the only ‘insurgent’ survivor, it became convenient to blame him for the killing, although no evidence of this was forthcoming.
Under international law and convention, a fifteen year old cannot be considered a soldier (much less an ‘unlawful combatant’ which has no legal standing whatsoever), and cannot be held or tried for war crimes.
Nevertheless, Mr. Khadr was imprisoned first at Bagram Air Force Base in Afghanistan, then at Quantanamo in Cuba.
Over the six year period of his confinement, Mr. Khadr has undergone numerous forms of torture. These include but are not restricted to:
Being hung from a doorframe for hours in spite of his wounds;
Being ‘short-shackled’ in painful positions for hours;
Being sleep-deprived for twenty-one days in preparation for interrogation by Canada’s own CSIS (which then turned over information it gained to the Americans);
Being held in solitary confinement for long periods;
Being repeatedly threatened with rape.
He was interrogated by Joshua Claus who was removed after killing another prisoner named Dilawar. He beat him to death. Dilawar was later found to be completely innocent.
As far as a fair trial is concerned, the Department of Justice already directed that there be no not-guilty findings. Even military lawyers on both sides have described the process as a sham that makes Stalin’s show-trials look positively fair. The government has admitted that in many cases there will never be a hearing, and the prisoners will never be released. Better to bury them than admit to mistakes.
Steve, other civilized nations such as Britain, Australia, Germany, etc. have intervened with the US to save their citizens from America’s illegal deadly clutches. Children have been raped with various implements by American troops, CIA, or mercenaries.
Children have been taken and held as hostages, and sometimes tortured. Many other people have been tortured to death or otherwise murdered. In some cases prisoners were tortured for long periods so that their screams would serve to sleep-deprive others. Two birds with one stone, so to speak, good ol’ American ingenuity. If some poor soul manages to end his misery by committing suicide, it’s considered ‘an asymmetrical act of war’. We know, and even the Americans admit that many of the people imprisoned at known sites (and this includes an estimated 2500 children as young as nine) are completely innocent. It would follow that innocent people are also being held at the so-called ‘black’ sites. In spite of all this and the atrocities at Quantanamo Bay, your government has steadfastly refused to intervene in Mr. Khadr’s case, even when being urged to by Amnesty International, UNICEF, the Canadian Bar Association, and others. You even tried to blame the previous government for Mr. Khadr’s predicament. That was pretty unconvincing, and even cowardly.
As with so many people caught up in America’s self-induced hysteria, Mr. Khadr’s imprisonment is illegal. His torture is not only illegal, but despicable, and offends and threatens every value we hold dear as Canadians.
Steve, to paraphrase a not very great man, ‘You’re either with us or you’re with the evildoers’. In trying to wash your hands of the imprisonment and torture of Omar Khadr, an innocent Canadian, you’ve made it clear who your friends are. History may judge harshly. I hope so. A Prime Minister who countenances illegal detention and torture because his ‘friend’ is the perpetrator is one who has abdicated his responsibility, and does not represent me.
Have a nice day.
John S. Hatch is a Vancouver writer & film-maker. http://www.freakishlyfinefilms.com/
Friday, July 11, 2008
PM says 'no'' to bringing Khadr home.
The idea that one can rely on any country that is known to practice torture will not maltreat someone especially a terror suspect accused of killing an American is ridiculous. However, that never stops governments from using this as an excuse not to act. It has been done by the U.S. in the case of sending people such as Arar to Syria. Anyone who still thinks that the U.S. has not tortured terror suspects and others must have some sort of cognitive disssonance problem that is incurable.
This article is right to suggest there should be an investigation into the action of Canadian foreign affairs officials who knew that Khadr had been subject to torture in order to facilitate interrogation and yet went ahead anyway. It may be difficult to have any such investigation. The Arar case showed that the usual punishment for some involved in misdeeds is promotion.
We should not forget the Liberal role in all of this of the Liberal government of Paul Martin. The Conservatives naturally emphasize this even though it is Conservative action that is relevant now.
Harper's handlers do not seem to worry about the obvious falsehood involved in Harper's responses. Of course he could do something but he won't. He does have alternatives but he does not care to follow them.
PM says 'no' to bringing Khadr home
July 11, 2008 Torstar news services The government should launch an arm's-length criminal investigation of the Canadian officials who interrogated Omar Khadr at Guantanamo Bay, human rights lawyers demanded a day after revelations that foreign affairs officials knew the Toronto-born captive had been abused.Prime Minister Stephen Harper rejected any possibility of asking the U.S. administration to send Khadr home in light of the evidence of abuse."My answer is no," Harper told reporters in Tokyo as he wrapped up his trip to Asia. ``Mr. Khadr is charged with extremely serious crimes. The former (Liberal) government and our government – with the advice of the justice minister – considered all the questions. The situation remains the same. There is a legal process going on in the United States and he can make his arguments during this process. Canada has sought assurances that Mr. Khadr, under our government, will be treated humanely."Liberal members, some in power during Khadr's early incarceration, called it "shameful" Harper would not act in light of the revelations, and denied knowledge of the report that refers to Khadr's treatment.Liberal leader Stéphane Dion, speaking in Guelph, Ont., told reporters he knew "absolutely nothing" as a cabinet minister or caucus member in the prior two Liberal governments about what he called "very disturbing" allegations of Khadr's ill treatment. Dion said then foreign affairs minister Bill Graham "would not have accepted to be inactive facing such a situation."Documents released yesterday revealed Canadian officials were told Khadr had been subjected to a sleep deprivation regime the U.S. military called the "frequent flyer program" before a visit by a foreign affairs official in 2004. Khadr also alleged he had been tortured and asked the Canadians for "protection" from his U.S. captors.University of Ottawa law professor Amir Attaran argued Canadian officials could be held responsible since under Canadian law, "conspiracy to torture is punishable at exactly the same level – an indictable offence – as torture itself."A Federal Court judge suggested last month that Canada was complicit in Khadr's mistreatment by interrogating him after knowing he had been abused.Attaran argued the case poses a challenge to the Public Prosecution Service, which, along with the RCMP, should investigate whether charges should be laid. "We either act on it or there's an arguable case the ICC (International Criminal Court) could," he said.Spokesperson Dan Brien said the service has a responsibility to prosecute under the War Crimes Act, but is not an investigative agency.Asked whether the RCMP was looking into the allegations, Sgt. Sylvie Tremblay of media relations replied by email: "We are aware of the contents of the evidence that was released by the court. Torture is an offence under the Criminal Code. Canadian courts can try the offence if it is committed outside of Canada in circumstances where the victim is a Canadian citizen. Let me assure you that the RCMP takes all allegations of torture against Canadians extremely seriously."The once-censored documents released this week reveal Khadr told Canadian officials who visited him in 2003 he was "tortured" and scared of his American captors. He asked a Canadian Security Intelligence Service agent, "Promise you'll protect me from Americans."A year later when Foreign Affairs official Jim Gould travelled alone to interrogate Khadr, then 17, he was told he had been given no more than three hours sleep for 21 days.International and domestic law outlaws sleep deprivation as an interrogation tactic and a Foreign Affairs manual mistakenly released earlier this year defines the practice as "torture." The U.S. Army's own Field Manual, which governs the actions of military interrogators, classifies "abnormal sleep deprivation" as "mental torture."American Civil Liberties Union's Jamil Dakwar said he was surprised to learn the Canadian government not only knew of Khadr's allegations of torture, but also was aware the U.S. military was subjecting him to a program of abuse.At the time, the government stated they had "sought and received assurances" from the U.S. that Khadr was being treated humanely.Earlier this year, then-foreign affairs minister Graham told the Star he regretted not being more vigilant in Khadr's case and denied knowing details about the abuse of detainees at Guantanamo.Dion said it is important to learn "what happened with this memo.""I have no idea where it went in the chain of decision-making. It is something that I would like to know though ...We need to know."Anne McLellan, who served as Paul Martin's deputy prime minister, and public safety minister responsible for CSIS, said in an emailed reply that she also did not know about the Gould memo that noted the "frequent flyer program.""To the best of my recollection, I was not told by any of our officials that Omar Khadr was being subjected to treatment that would constitute torture," she wrote.Dion said the revelations about Khadr's treatment should push Harper to intervene – a call echoed yesterday by Liberal MP Bob Rae and Canadian Bar Association president Bernard Amyot."It adds to all the elements that lead us to conclude the prime minister of Canada must ask the American authorities to repatriate Mr. Khadr here to Canada so he faces the Canadian justice system, which will assure him due process, which visibly does not exist in Guantanamo," Dion said.An Angus Reid poll released yesterday showed only 29 per cent of Canadians believe Khadr will receive a fair trial at Guantanamo, slightly lower than April's results. Again, Canadians remain divided as to what should happen to Khadr.Of 1,004 Canadians polled, 38 per cent said they wanted him tried in Guantanamo, 37 per cent said they wanted him repatriated and the remainder said they were undecided
This article is right to suggest there should be an investigation into the action of Canadian foreign affairs officials who knew that Khadr had been subject to torture in order to facilitate interrogation and yet went ahead anyway. It may be difficult to have any such investigation. The Arar case showed that the usual punishment for some involved in misdeeds is promotion.
We should not forget the Liberal role in all of this of the Liberal government of Paul Martin. The Conservatives naturally emphasize this even though it is Conservative action that is relevant now.
Harper's handlers do not seem to worry about the obvious falsehood involved in Harper's responses. Of course he could do something but he won't. He does have alternatives but he does not care to follow them.
PM says 'no' to bringing Khadr home
July 11, 2008 Torstar news services The government should launch an arm's-length criminal investigation of the Canadian officials who interrogated Omar Khadr at Guantanamo Bay, human rights lawyers demanded a day after revelations that foreign affairs officials knew the Toronto-born captive had been abused.Prime Minister Stephen Harper rejected any possibility of asking the U.S. administration to send Khadr home in light of the evidence of abuse."My answer is no," Harper told reporters in Tokyo as he wrapped up his trip to Asia. ``Mr. Khadr is charged with extremely serious crimes. The former (Liberal) government and our government – with the advice of the justice minister – considered all the questions. The situation remains the same. There is a legal process going on in the United States and he can make his arguments during this process. Canada has sought assurances that Mr. Khadr, under our government, will be treated humanely."Liberal members, some in power during Khadr's early incarceration, called it "shameful" Harper would not act in light of the revelations, and denied knowledge of the report that refers to Khadr's treatment.Liberal leader Stéphane Dion, speaking in Guelph, Ont., told reporters he knew "absolutely nothing" as a cabinet minister or caucus member in the prior two Liberal governments about what he called "very disturbing" allegations of Khadr's ill treatment. Dion said then foreign affairs minister Bill Graham "would not have accepted to be inactive facing such a situation."Documents released yesterday revealed Canadian officials were told Khadr had been subjected to a sleep deprivation regime the U.S. military called the "frequent flyer program" before a visit by a foreign affairs official in 2004. Khadr also alleged he had been tortured and asked the Canadians for "protection" from his U.S. captors.University of Ottawa law professor Amir Attaran argued Canadian officials could be held responsible since under Canadian law, "conspiracy to torture is punishable at exactly the same level – an indictable offence – as torture itself."A Federal Court judge suggested last month that Canada was complicit in Khadr's mistreatment by interrogating him after knowing he had been abused.Attaran argued the case poses a challenge to the Public Prosecution Service, which, along with the RCMP, should investigate whether charges should be laid. "We either act on it or there's an arguable case the ICC (International Criminal Court) could," he said.Spokesperson Dan Brien said the service has a responsibility to prosecute under the War Crimes Act, but is not an investigative agency.Asked whether the RCMP was looking into the allegations, Sgt. Sylvie Tremblay of media relations replied by email: "We are aware of the contents of the evidence that was released by the court. Torture is an offence under the Criminal Code. Canadian courts can try the offence if it is committed outside of Canada in circumstances where the victim is a Canadian citizen. Let me assure you that the RCMP takes all allegations of torture against Canadians extremely seriously."The once-censored documents released this week reveal Khadr told Canadian officials who visited him in 2003 he was "tortured" and scared of his American captors. He asked a Canadian Security Intelligence Service agent, "Promise you'll protect me from Americans."A year later when Foreign Affairs official Jim Gould travelled alone to interrogate Khadr, then 17, he was told he had been given no more than three hours sleep for 21 days.International and domestic law outlaws sleep deprivation as an interrogation tactic and a Foreign Affairs manual mistakenly released earlier this year defines the practice as "torture." The U.S. Army's own Field Manual, which governs the actions of military interrogators, classifies "abnormal sleep deprivation" as "mental torture."American Civil Liberties Union's Jamil Dakwar said he was surprised to learn the Canadian government not only knew of Khadr's allegations of torture, but also was aware the U.S. military was subjecting him to a program of abuse.At the time, the government stated they had "sought and received assurances" from the U.S. that Khadr was being treated humanely.Earlier this year, then-foreign affairs minister Graham told the Star he regretted not being more vigilant in Khadr's case and denied knowing details about the abuse of detainees at Guantanamo.Dion said it is important to learn "what happened with this memo.""I have no idea where it went in the chain of decision-making. It is something that I would like to know though ...We need to know."Anne McLellan, who served as Paul Martin's deputy prime minister, and public safety minister responsible for CSIS, said in an emailed reply that she also did not know about the Gould memo that noted the "frequent flyer program.""To the best of my recollection, I was not told by any of our officials that Omar Khadr was being subjected to treatment that would constitute torture," she wrote.Dion said the revelations about Khadr's treatment should push Harper to intervene – a call echoed yesterday by Liberal MP Bob Rae and Canadian Bar Association president Bernard Amyot."It adds to all the elements that lead us to conclude the prime minister of Canada must ask the American authorities to repatriate Mr. Khadr here to Canada so he faces the Canadian justice system, which will assure him due process, which visibly does not exist in Guantanamo," Dion said.An Angus Reid poll released yesterday showed only 29 per cent of Canadians believe Khadr will receive a fair trial at Guantanamo, slightly lower than April's results. Again, Canadians remain divided as to what should happen to Khadr.Of 1,004 Canadians polled, 38 per cent said they wanted him tried in Guantanamo, 37 per cent said they wanted him repatriated and the remainder said they were undecided
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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