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{{For|the Scottish footballer|Omar Kader}} | |||
{{Infobox War on Terror detainee | |||
| birth_name = Omar Ahmed Khadr | |||
| image = Omar Khadr - PD-Family-released.jpg | |||
| image_size = 225px | |||
| caption = Khadr at the age of 14 | |||
| birth_date = {{Birth date and age|mf=yes|1986|9|19}} | |||
| birth_place = ], ], ] | |||
| death_date = | |||
| death_place = | |||
| detained_at = Bagram Air Base, age 15–16<br>], age 16–26<br>] (September 28, 2012 – May 28, 2013)<br>] (May 28, 2013 – February 2014)<br>] (February 2014 – May 2015) | |||
| id_number = | |||
| alias = | |||
| charge = Five charges of war crimes, terrorism including ] and ] | |||
| penalty = Eight additional years confinement (parole eligibility in mid-2013) | |||
| status = Pleaded guilty after 10 years detention without trial; out on bail with conditions | |||
| occupation = | |||
| spouse = | |||
| parents = ]<br />] | |||
| children = | |||
}} | |||
'''Omar Ahmed Sayid Khadr''' (born September 19, 1986) is a Canadian citizen who was detained at ] as a minor and held there for 10 years, during which he pleaded guilty to murder and war crimes. | |||
Born in Canada, Khadr was brought to ] by his father, who was affiliated with an extreme religious group. On July 27, 2002, at age 15, Khadr was severely wounded in a firefight during the ], in the village of ], in which several Taliban fighters were killed.<ref>{{Cite web | url=http://www.thestar.com/news/canada/2008/02/04/khadr_secret_document_released_by_accident.html | author=Michelle Shepard | title=Khadr secret document released by accident | work=The Star | date=4 February 2008}}</ref> After being detained at ], he was sent to Guantanamo Bay detention camps, in ]. He was alleged to have thrown a grenade during the firefight that resulted in the death of an American soldier. During his detention, he was interrogated by Canadian as well as US intelligence officers. | |||
Khadr pleaded guilty to murder and several war crimes in October 2010 at a hearing by a United States military commission.<ref name="Charges">{{cite web|url=http://www.defense.gov/news/Apr2007/Khadrreferral.pdf|title=Charges|date=April 24, 2007}}</ref><ref name=hurfirst>{{cite web|title=Omar Ahmed Khadr|url=http://www.humanrightsfirst.org/our-work/law-and-security/military-commissions/cases/omar-ahmed-khadr|publisher=Human Rights First|accessdate=12 April 2014}}</ref><ref>, ''GQ Magazine'', August 2007, p. 1</ref><ref name=VictimsOfTorture> | |||
{{cite web | |||
| url=http://www.cvt.org/main.php/Advocacy/TortureisUn-American/FAQs:MilitaryCommissionsAct | |||
| title=FAQs about the Military Commissions Act | |||
| publisher=The Center for Victims of Torture | |||
| accessdate=2007-12-17 | |||
}}</ref><ref>{{cite news| url=https://www.nytimes.com/2010/10/26/us/26gitmo.html?ref=terrorism | work=The New York Times | first=Charlie | last=Savage | title=Deal Averts Trial of Guantánamo Prisoner, Omar Khadr | date=October 25, 2010}}</ref> He was the youngest prisoner and last Western citizen to be held by the United States at Guantanamo Bay. He accepted an eight-year sentence, not including time served, with the possibility of a transfer to Canada after at least one year to serve the remainder of the sentence.<ref name="Diplomatic Notes">{{cite web|url=http://www.defense.gov/news/Khadr%20Convening%20Authority%20Diplomatic%20Papers%20AE%20342%2013%20Oct%202010%20(redacted).pdf|title=Diplomatic Notes|date=October 24, 2010}}</ref> Khadr was the first person since World War II to be prosecuted in a military commission for war crimes committed while still a minor. His conviction and sentence were widely denounced by civil rights groups and various newspaper editorials.<ref name=Reuters20201101GC> | |||
{{cite news | |||
| title=Guantanamo Canadian to serve 8 more years in prison | |||
| author=Jane Sutton | |||
| publisher=Reuters | |||
| date=November 1, 2010 | |||
| url=http://uk.reuters.com/article/idUKTRE69R01Q20101101 | |||
}}</ref> His prosecution and imprisonment was condemned by the ], which has taken up the issue of child soldiers. The ] found that the Canadian government's interrogation of Khadr at Guantanamo Bay "offends the most basic Canadian standards about the treatment of detained youth suspects".<ref name="scc2010" /> | |||
On September 29, 2012, Khadr was repatriated to Canada to serve the remainder of his sentence in Canadian custody.<ref>{{Cite web|title = Omar Khadr returns to Canada|url = http://www.cbc.ca/news/canada/omar-khadr-returns-to-canada-1.937754|website = CBC News|access-date = 29 January 2016|date = 29 September 2012}}</ref> He was initially assigned to a maximum-security prison but moved to a medium-security prison in 2014. Khadr was released on bail in May 2015 (pending an appeal of his U.S. conviction) after the Alberta Court of Appeal refused to block his release as had been requested by the Canadian government. | |||
In 2013, Khadr filed a C$20 million civil suit against the government of Canada for conspiring with the U.S. in abusing his rights. He said he had signed the plea agreement because he believed it was the only way he could gain transfer from Guantanamo, and claimed that he had no memory of the firefight in which he was wounded.<ref>{{cite news |url=http://www.thestar.com/news/canada/2013/12/13/omar_khadr_no_memory_of_firefight_in_afghanistan.html |title=Omar Khadr: No memory of firefight in Afghanistan |date=13 December 2013 |last=Shephard |first=Michelle | location=Toronto | work=The Star}}</ref><ref>{{cite news |url=http://www.cbc.ca/news/canada/omar-khadr-explains-war-crimes-guilty-pleas-in-court-filing-1.2463558 |title=Omar Khadr explains war-crimes guilty pleas in court filing |date=13 December 2013 | work=CBC News}}</ref> Khadr's lawyers successfully challenged his incarceration in Canada as an adult offender. On May 14, 2015, the Supreme Court of Canada rejected the federal government's position, ruling that Khadr had clearly been sentenced by the U.S. military tribunal as a minor. If he lost his appeal of the US conviction, underway in a separate action, he would serve any remaining time in a provincial facility rather than in a federal penitentiary.<ref>{{cite news|url=http://www.theglobeandmail.com/news/national/omar-khadr-youth-or-adult-question-decided-by-top-court/article24421830/ |title=Supreme Court rules Omar Khadr was sentenced as a juvenile in minutes |first=Sean |last=Fine |work=The Globe and Mail |date=May 14, 2015}}</ref> | |||
On July 4, 2017, an unnamed government source said that the Canadian government would apologize and pay C$10.5 million in compensation to Khadr. In a related action, the American widow of the soldier he is alleged to have killed in action has filed an application to enforce a US$134 million Utah judgment in Canada.<ref name="millions and apology">{{cite news|last1=Gillies|first1=Rob|title=Widow goes after money Canada will give ex-Gitmo prisoner|url=https://www.apnews.com/2453c60094534406bd81d6ccf444c339/Widow-goes-after-money-Canada-will-give-ex-Gitmo-prisoner|work=AP|date=5 July 2017}}</ref> | |||
==Early life== | |||
, both inactive archived site and current site</ref>]] | |||
] | |||
Khadr was born in ]<ref>http://www.cbc.ca/news/politics/omar-khadr-s-legal-odyssey-from-guantanamo-bay-to-alberta-1.2987034</ref> on September 14, 1986, to ] and ], ] and ] immigrants who became naturalized Canadian citizens.<ref name=torontosun29>{{cite news|title=Omar Khadr: A timeline of events|url=http://www.torontosun.com/2012/09/29/omar-khadr-a-timeline-of-events|accessdate=30 September 2012|newspaper=Toronto Sun|date=29 September 2012|agency=QMI}}</ref> Their family had moved to ], in 1985, where his father worked for charities helping Afghan refugees.<ref name="child"/><ref name="unending">{{citation|last=Tietz|first=Jeff|url=http://www.rollingstone.com/politics/story/11128331/follow_omar_khadr_from_an_al_qaeda_childhood_to_a_gitmo_cell/print|title=The Unending Torture of Omar Khadr| work=Rolling Stone|issue=1007|date=August 24, 2006|pages=60–64, 102–104 |archiveurl = https://web.archive.org/web/20071203140702/http://www.rollingstone.com/politics/story/11128331/follow_omar_khadr_from_an_al_qaeda_childhood_to_a_gitmo_cell/print |archivedate = December 3, 2007}}</ref> Omar spent his childhood moving back and forth between Canada and Pakistan. He had six siblings and his mother wanted to raise their family outside of Canada, as she disliked some of its Western social influences.<ref>, ], January 12, 2006</ref> | |||
In 1992, Khadr's father was severely injured while in ]; the family moved with him for a time back to Toronto so he could recuperate. After the move, Omar became "hypersensitive to tension in the family" and would often quote ] from '']''.<ref name="unending"/> Enrolled at ] for ], Omar's teachers described him as "very smart, very eager and very polite".<ref name="unending"/> | |||
After the family's return to Pakistan, in 1995 the father, Ahmed Khadr, was arrested in Pakistan following ]'s ], and accused of financially ] the conspirators.<ref name="unending"/><ref name="ClarkeTestimony">], ] to the ], October 22, 2003</ref> After Ahmed was hospitalised after engaging in a ], 9-year-old Omar spent every night sleeping on the floor beside his father's bed until his father's release a year later for lack of evidence.<ref name="unending"/> | |||
In 1996, Khadr's father moved his family to ],<ref name="notification">{{cite web |url=http://www.defenselink.mil/news/d2007Khadr%20-%20Notification%20of%20Sworn%20Charges.pdf |title=Notification of the Swearing of Charges |accessdate=2007-06-04 |publisher=]|format=PDF}}</ref> where he worked for an ]. | |||
Following the ], the United States retaliated by ]. Expecting a similar retaliation following the ] in the United States, the mother and children of the Khadr family retreated toward the Pakistani mountains, where the father visited infrequently. Omar helped by doing the family shopping, washing laundry and cooking meals.<ref name="site"/><ref name="unending"/> | |||
In early 2002, the youth was living in ] with his mother and younger sister. He took up ] his mother's clothes as a hobby.<ref name="child"/> At one point, he was forced to wear a ] and disguise himself as a girl to avoid scrutiny, an act that upset him.<ref name="child"/> When his father returned, Omar asked to be allowed to stay at a ] for young men, despite his mother's protests. His father agreed, and a month later allowed Omar to accompany a group of ]s associated with ], who needed a ] translator during their stay in ].<ref name="child"/> The 15-year-old Khadr promised to check in regularly with his mother.<ref name="child"/><ref name="thestar"/><ref name="Omar Khadr: The Youngest Terrorist">], </ref> | |||
According to charges signed in April 2007 by the military commission officer ], Khadr received "one-on-one" weapons training in June 2002,<ref>], , CBS News, April 24, 2007</ref> and his visits to his mother and sister became less frequent.<ref name="child"/> | |||
{{Clear}} | |||
==Firefight and capture== | |||
From around February 2002, a team of American soldiers were using ] in ], as an intelligence-gathering outpost, where they tried to blend in and gain the trust of the local community.<ref name="thestar">Shephard, Michelle. '']'', , April 29, 2007</ref> In the early morning of July 27, 2002, a team made up of ], the ] and a "militia" of about twenty<ref name="post">McLeon, Kagan, ''],'' "One U.S. soldier was killed and four others injured in a fierce gun battle in a remote village in Afghanistan."</ref> Afghan fighters loyal to the warlord ] and led by his brother ], had been sent from the airbase on a reconnaissance mission.<ref name="thestar"/><ref name="post"/><ref name="dustoff">''Dustoff Newsletter,'' , Fall-Winter 2002</ref><ref>Baldauf, Scott. ''],'' , July 29, 2002</ref><ref name="goodson"/> The US forces' search turned up no evidence against the occupants of a house they checked out.<ref name="OC1">], March 17, 2004</ref><ref name="worth"/> | |||
{{wikisourcehas|original text related to this article| | |||
1. ]<br> | |||
2. ] | |||
}} | |||
While the US soldiers were at the house, a report came in that a monitored ] had just been used 300–600 metres from the group's location.<ref name="post"/><ref name="goodson">Vincent, Isabel. ''],'' ", December 28, 2002.</ref><ref name="OC1"/> Seven soldiers were sent to investigate the site of the phone call.<ref name="thestar"/><ref name="post"/> Led by Major ], the group included ] Captain Mike Silver, Sgt ], ] and Master Sgt. Scotty Hansen, the latter three from the ]; Spc. Christopher J. Vedvick from the 505th, and his fire team.<ref name="thestar"/><ref name="post"/><ref>]. "], January 21, 2003</ref> | |||
The men reached a residential complex with earthen huts and a ] surrounded by a {{convert|10|ft|m|sing=on}} stone wall, with a green metal gate approximately 100 metres from the main hut. They saw children playing around the buildings<ref name="child"/><ref name="worth"/><ref name="fay"/><ref name="easy">Bravin, Jess. '']''. , December 18, 2006</ref> and an old man sleeping under a nearby tree.<ref name="post"/> | |||
] | |||
Seeing five men he described as "well-dressed" sitting around a fire in the main residence, with ]s visible in the room, Morris has said that he either approached and told the occupants to open the front door<ref name="easy"/> or that he stayed out of sight, returned to his men and set up a perimeter around the complex.<ref name="post"/> Either way, the team waited 45 minutes for support from the soldiers searching the first residence. At one point, Morris chided the soldiers from the 82nd for setting up a defensive perimeter with their backs to the house, rather than covering the house.<ref name="post"/><ref name="goodson"/> | |||
A crowd of about 100 local Afghans had gathered around the area to watch the incident unfold.<ref name="easy"/> An Afghan militiaman was sent toward the house to demand the surrender of the occupants, but retreated under gunfire.<ref name="OC1"/> | |||
] | |||
Reinforcements from the 3rd Platoon of Bravo Company, 1st Battalion ] arrived under the command of Captain Christopher W. Cirino,<ref name="fay">'']'' , August 3, 2002</ref><ref name="voa"/> bringing the total number of Americans and Afghan militia to about fifty.<ref name="green">Schmitt, Eric. ''],'' , August 13, 2002</ref> Two of Zadran's militia were sent into the compound to speak with the residents; they returned to the US position and reported that the men claimed to be ] villagers. The Americans told them to return and say the Americans wanted to search their house regardless of their affiliation.<ref name="voa">Drudge, Michael. ''],'' ], August 1, 2002</ref> Upon hearing this, the occupants of the hut opened fire, shooting both militiamen.<ref name="worth">]. , November 7, 2007.</ref><ref>Note: The translators have been describe in reports as "wounded" or "killed" by the opening fire</ref> | |||
Several women fled the huts and ran away, while the occupants began throwing grenades at the American troops, with intermittent rifle fire. After the firefight, one of the soldiers contradicted this, saying only one woman and one child were present, and both were detained by US forces after exiting the huts.<ref name="OC1"/> | |||
Morris and Silver took up positions outside the stone wall,<ref name="thestar"/> when Morris fell back into Silver, with a cut above his right eye and shrapnel embedded in his nose. Both Silver and Morris first thought the wound was due to Morris's rifle malfunctioning, but it was later attributed to an unseen grenade.<ref name="thestar"/><ref name="outcast">Struck, Doug. ''],'' ", June 9, 2005</ref> In an alternate account, Morris has said that he was inside the compound and hiding behind the ], preparing to fire a grenade into a wall of the house, when he was shot.<ref name="post"/> Morris was dragged a safe distance from the action, and was shortly after joined by Spc. Michael Rewakowski, Pfc. Brian Worth and Spc. Christopher J. Vedvick, who had also been wounded by the grenade attacks.<ref name="purple">Schult, Ann Marie. ''ArmyLINK News'', "]", August 2, 2002</ref> | |||
At 9:10 UTC, they sent a request for ] to the 57th Medical Detachment. Ten minutes later, a pair of ]s were deployed, with ]s as escort. Arriving at the scene, the Apaches strafed the compound with cannon and rocket fire, while the medical helicopters remained {{convert|12|mi|km}} from the ongoing firefight.<ref name="dustoff"/> The helicopters landed at 10:28 UTC to load the wounded aboard.<ref name="dustoff"/><ref>{{cite web|url=http://www.sikorsky.com/details/0,9602,CLI1_DIV69_ETI1420,00.html |title=57th Med Wins DUSTOFF laurels. For Combat Rescue in 'Cherry' LZ |archiveurl=https://web.archive.org/web/20061016203437/http://www.sikorsky.com/details_printable/1,9590,CLI1_DIV69_ETI1420,00.html |archivedate=October 16, 2006 |publisher=]}}</ref> A pair of ]s performed gun runs and dropped 500lb bombs on the compound.<ref name="thestar"/><ref name="dustoff"/> | |||
] | |||
At this point,<ref name="OC1"/> a five-vehicle convoy of ground reinforcements arrived, bringing the number of troops to approximately 100.<ref name="green"/> Two of these vehicles were damaged beyond use by the militants.<ref name="OC1"/> Ten minutes later, the MedEvac left for ] and planes arrived, bombing the houses along with the helicopters.<ref name="OC1"/> The MedEvac reached ] at 1130.<ref name="post"/><ref name="dustoff"/> | |||
Unaware that Khadr and a militant had survived the bombing, the ground forces sent a team consisting of ''OC-1'',<ref name="OC1" /> Silver, ] and three ] soldiers<ref>It is not clear if ''OC-1'' was one of the Delta Force soldiers</ref> through a hole in the south side of the wall.<ref name="aol">], "", April 12, 2008</ref> | |||
The team began picking their way over dead animals and the bodies of three fighters.<ref name="thestar"/> According to Silver's 2007 telling of the event, he heard a sound "like a gunshot", and saw the three Delta Force soldiers duck; a grenade went by them and exploded near ] at the rear of the group, "wearing Afghan garb and helmetless."<ref name="thestar"/><ref>{{cite news |url=http://www.theglobeandmail.com/news/national/omar-khadr-war-crimes-appeal-in-us-hits-troubling-legal-snag/article15575800/ |first=Paul |last=Koring |title=Omar Khadr war-crimes appeal in U.S. could face lengthy delay |work=Globe & Mail |date=22 November 2013 |accessdate=2015-01-19}}</ref><ref name="pay">Humphreys, Adrian. , ''],'' February 20, 2006</ref><ref>{{cite web|url=http://cnews.canoe.ca/CNEWS/Canada/2010/08/12/15007226.html|title=Widow of dead soldier emotional at Khadr's trial|author=Canoe inc.|work=canoe.com}}</ref> | |||
''OC-1'' reported that although he didn't hear any gunfire, the dust from the north side of the complex led him to believe the team was under fire from a shooter between the house and barn. He reported that a grenade was "lobbed" over the wall that led to the alley and landed 30–50 metres from the alley opening. Running towards the alley to escape the grenade, ''OC-1'' fired a dozen ] rounds into the alley as he ran past, although he couldn't see anything due to dust clouds. Crouching at the southeast entrance to the alleyway, ''OC-1'' could see a man with a holstered pistol and two chest wounds moving on the ground next to an ]. From his position, ''OC-1'' fired a single shot into the man's head, killing him.<ref name="OC1"/> When the dust cleared, ''OC-1'' saw Khadr crouched on his knees facing away from the action and wounded by shrapnel (it had just permanently blinded his left eye);<ref name="worth"/> he shot the youth twice in the back.<ref name="OC1"/> | |||
] | |||
''OC-1'' estimated that all the events since entering the wall had taken less than a minute up until this point, and that he had been the only American to fire his weapon. The soldiers threw an American grenade into the living quarters after first entering the complex.<ref name="OC1"/><ref>Shephard, Michelle. , ''Toronto Star'', October 28, 2009</ref> | |||
Silver initially claimed that ''two'' Delta Force troops had opened fire, shooting all three of the shots into Khadr's chest, after the youth was seen to be holding a pistol and facing the troops.<ref name="thestar"/><ref name="worth"/> These claims all directly contradict ''OC-1'''s version of events as the only eyewitness. ''OC-1'' did agree however, that something was lying in the dust near Khadr's end of the alley, although he couldn't remember if it was a pistol or grenade.<ref name="OC1"/> | |||
Entering the alleyway, ''OC-1'' saw two dead men with a damaged AK-47 buried in rubble; he believed they had been killed in the airstrikes,<ref name="OC1"/> and confirmed that the man he had shot was dead. Moving back to Khadr, ''OC-1'' tapped the motionless youth's eye, and found that he was alive. Turning him over onto his back for entering troops to secure, OC-1 began exiting the alleyway to find Speer, whom he was unaware had been wounded. While leaving the alleyway, he saw a third AK-47 and several grenades.<ref name="OC1"/> | |||
Contradicting Morris's report of five well-dressed men, ''OC-1'' said that his search of the rubble determined there had been only four occupants, all found in the same alleyway.<ref name="OC1"/> | |||
] | |||
Khadr was given on-site medical attention, during which time he repeatedly asked the medics to kill him, surprising them with his English. An officer present later recorded in his diary that he was about to tell a ] to kill the badly wounded Khadr, when ] soldiers ordered them not to harm the prisoner.<ref>, ''Toronto Star, ''March 19, 2008</ref> He was loaded aboard a ] and flown to ] in Afghanistan, losing consciousness aboard the flight.<ref name="OC1"/><ref name="aff">], February 22, 2008</ref> | |||
Khadr had accompanied three of the men he was staying with, as they went to Ayub Kheyl, to meet with other militants. Neither of his parents was told about the meeting. After learning of the battle, Ahmed reportedly shouted at ] for not taking better care of his son.<ref name="child"/><ref name="Omar Khadr: The Youngest Terrorist"/><ref name=LATimes2007-06-23/> | |||
==Aftermath== | |||
] | |||
The following day, soldiers including Silver returned to search the premises.<ref name="OC1"/> Local villagers were believed to have taken away the bodies of the two men killed and given them an ]. They refused to disclose the location to the Americans, who wanted to identify the fighters.<ref name="child"/> | |||
Believing that the wooden boards beneath the last-killed rifleman could have been used to cover an underground chamber,<ref name="OC1"/> the soldiers used an ] to tear down the walls of the buildings. They uncovered five boxes of rifle ammunition, two rockets, two grenades and three ]s in the huts. Some had accidentally detonated while lying in the smouldering ruins.<ref name="child"/><ref>], , July 29, 2002 {{webarchive |url=https://web.archive.org/web/20160303174546/http://www.foxnews.com/story/0,2933,59021,00.html |date=March 3, 2016 }}</ref> A plastic bag was discovered in the ], containing documents, wires and a ].<ref name="child"/> ''OC-1'''s report claims the videotape was found in the main house, rather than the granary, and also mentioned ]s modeled as ].<ref name="OC1"/> | |||
The video shows Khadr toying with ] as other men, including one later identified as ], assemble explosives in the same house that had been destroyed the day before by US forces. It is identifiable by its walls, rugs and the environment seen out the windows in the video.<ref name="thestar"/><ref name="OC1"/> The men plant ]s while smiling and joking with the cameraman.<ref name="child"/><ref name="easy"/><ref>], </ref> A ] report suggested that these were the landmines later recovered by American forces on a road between Gardez and Khost.<ref name="OC1"/> | |||
{{Wikisource|Ab Khail VOA Report}} | |||
The BBC said the US forces and militia had come under small arms fire; a US source noted it was the first time the enemy "had stood his ground" since ] had ended four months earlier.<ref name="purple"/><ref>], "", BBC, July 27, 2002</ref> Hansen and Watt were both awarded a ], for running forward under fire to retrieve two fallen bodies. Sources differ on whether these were wounded American soldiers, including ], or the two Afghan militiamen shot at the outset.<ref name="thestar"/><ref name="slct">House, Dawn. ''],'' "Some troops doubt Afghanistan effort is adequate", March 20, 2004</ref> The five wounded men were awarded ]s.<ref name="purple"/> ] was moved from Bagram airbase to ] in Germany, where he was removed from ] on August 7 and died; his heart, liver, lungs and kidneys were ] for use by other patients.<ref name="child"/> | |||
==Time at Bagram== | |||
The unconscious Khadr was airlifted to receive medical attention at Bagram. After he regained consciousness approximately a week later, interrogations began. He remained stretcher-bound for several weeks.<ref name="aff"/> Col. Marjorie Mosier operated on his eyes after his arrival,<ref>], , January 19, 2009</ref> though fellow detainee ] later said that Khadr had been denied other forms of surgery to save his eyesight as punishment for not giving interrogators the answers they sought.<ref name="tipton">, , Shafiq Rasul, Asif Iqbal and Rhuhel Ahmed</ref> His requests for darkened ] to protect his failing eyesight were denied for "state security" reasons.<ref name="sin"/> | |||
According to a ] ruling<ref>], ''New English Review'' Posting, November 5, 2010</ref><ref>{{cite web|url=http://www.newenglishreview.org/blog_direct_link.cfm/blog_id/30546/cat_id/632/Welner-Risk-Assessment-of-Radical-Jihadism-Emerges-With-Khadr-Jury-Ruling|title=Welner: Risk Assessment of Radical Jihadism Emerges With Khadr Jury Ruling|work=newenglishreview.org}}</ref> by Guantanamo military judge Patrick Parrish, various interrogation techniques were used on Khadr at Bagram including:{{citation needed|date=November 2014}} | |||
# The "Fear Up" technique. This technique is described by the judge as "a technique used as an attempt to raise the fear level of a detainee." In Khadr's case it included telling him that a detainee who "lied to interrogators" was raped in the showers by "big, black guys". | |||
# The "love of freedom" and "Pride/Ego Down" techniques which, according to judge Parrish are "attempts to gather information through appealing to a person's desire to go home or implying that he was not really an important person.." | |||
# The "Fear of Incarceration" technique, which the judge said was "an attempt to gain cooperation in order to return to a normal life rather than be detained." | |||
Following the hearing, the military judge ruled that there was no credible evidence that Khadr had been tortured as alleged, and that his confession was gained after it was revealed that Americans had discovered a videotape of Khadr and others making IED's.<ref>{{cite web|url=http://www.defense.gov/news/D94-D111.pdf|title=RSupression Hearing: Ruling|accessdate=16 November 2010}}</ref> | |||
On August 20, the United States informed Canada of the capture and asked them to confirm the identity of their prisoner.<ref>Lumpkin, John J. ], ", ''Sign on San Diego'', September 5, 2002</ref> Ten days later, Canadian officials sent a diplomatic query to the United States requesting ] access to their citizen being held at Bagram. The request was denied, with a statement that Canada would be notified only if Canadian citizens were transferred to Guantánamo Bay.<ref name="amnesty"/> Around this time Khadr was visited by the ].<ref>], "The World; Leniency Is Urged for Teen Held by U.S.", September 17, 2002</ref> | |||
Khadr states that he was refused pain medication for his wounds, that he had his hands tied above a door frame for hours, had cold water thrown on him, had a bag placed over his head and was threatened with military dogs, was ] upon, and forced to carry 5-gallon pails of water to aggravate his shoulder wound. Not allowed to use a washroom, he was forced to urinate on himself.<ref name="aff"/><ref name="amnesty">], </ref> His chief interrogator was ]. Following the in-custody death of wrongly accused ] that same year, he pleaded guilty to abusing detainees to extract confessions.<ref>], ''Toronto Star,'' , March 25, 2008</ref> ]]] | |||
A letter from the Canadian embassy was sent on September 13, stating that "various laws of Canada and the United States" required special treatment of Khadr due to his age, and requesting that the United States not transfer Khadr to Guantanamo.<ref name="Gorham">Gorham, Beth. ], "", April 18, 2008</ref><ref>], "Feds tried to block Khadr's transfer", April 18, 2008.</ref> | |||
Khadr was interrogated again on September 17, and US military reports that he stated he helped the militants because he had been told the United States was fighting a war against Islam.<ref name=GlobeAndMail20070712/> When asked if he knew of a $1,500 ] being offered for each American soldier killed in Afghanistan, he allegedly responded that he had heard the story, but didn't know who was offering the reward. When asked how that made him feel at the time, the US military reports that the 15-year-old stated "I wanted to kill a lot of American to get lots of money".<ref name=GlobeAndMail20070712> | |||
{{cite news | |||
| url=http://www.theglobeandmail.com/servlet/story/RTGAM.20070712.wkhadr12/BNStory/International/home | |||
| title=Khadr sought $1,500 bounty, U.S. says | |||
| author=Colin Freeze | |||
| publisher=] | |||
| date= July 12, 2007 | |||
| location=Toronto | |||
}}</ref> Defence attorney ] later argued that it was "hardly convincing for the U.S. to suggest that in the midst of this battle, and after the entire site had been flattened by 500-pound bombs and everyone else in the compound killed, Omar was lying under the rubble thinking about how to earn himself $1,500."<ref name=GlobeAndMail20070712/> | |||
Khadr spent three months recuperating at Bagram. During that time he was often singled out for extensive labour by American soldiers who "made him work like a horse", referring to him as "Buckshot" and calling him a murderer. They claimed that he had thrown a grenade at a passing convoy delivering medical supplies.<ref name="begg">], ''Enemy Combatant''</ref> He shared a cell with ] and ten others. He became conversational with guard ], who was also one of his interrogators, and often spoke about ].<ref name="child">{{cite book |title= Guantanamo's Child |last=Shephard |first=Michelle |authorlink=Michelle Shephard |year= 2008 |publisher= ]|isbn= |pages= }}</ref> | |||
] | |||
On October 7, F.B.I. Agent ] interrogated Khadr.<ref name=miami>{{cite news | |||
| title=At Guantanamo, a war crimes trial is postponed indefinitely | |||
| url=http://www.mcclatchydc.com/2009/01/20/60356/at-guantanamo-a-war-crimes-trial.html | |||
| newspaper=Miami Herald | |||
| date=January 20, 2009 | |||
| accessdate=September 23, 2011 | |||
| first=Carol | |||
| last=Rosenberg | |||
| authorlink=Carol Rosenberg | |||
}}</ref> According to Fuller's report, written right after the interrogation, Fuller showed Khadr a photo book of al-Qaeda suspects. Khadr took several minutes to identify ] from one of the photographs. The report also stated that Khadr thought he saw Arar at a Kabul, Afghanistan safe house in September and October 2001.<ref name=cbc20Jan2009>{{cite news | |||
| title=Khadr couldn't pick out Arar immediately, FBI agent admits | |||
| url=http://www.cbc.ca/news/world/story/2009/01/20/khadr-hearing.html | |||
| agency=CBC News | |||
| date=January 20, 2009 | |||
| accessdate=September 23, 2011 | |||
}}</ref> The day after the interrogation, October 8, 2002, Arar, who had been in detention at J.F.K. airport for the past 12 days, was ] to Syria.<ref name=miami /><ref name=cbc20Jan2009 /> | |||
Khadr was transferred to Guantanamo along with ], ] and other captives on October 28, 2002, although Canadian officials were not notified as promised.<ref name="begg"/><ref>], , October 31, 2002</ref> ]d and fitted with ]s, painted-over goggles and ] to ensure ], he recalled being kicked when he tried to stretch his legs.<ref name="child"/><ref name="aff"/> | |||
==Time at Guantanamo== | |||
{{Wikisource|Khadr case continues amid "child soldier" debate}} | |||
] ] recalled Khadr slept with an English ] book clutched to his chest, which he'd been given by an interrogator.<ref name="child"/>]]Khadr arrived at Guantanamo Bay on October 29 or 30, 2002, suspected of being an enemy combatant. He was recorded as standing 170 cm (5' 7") and weighing 70 kilos (155 lbs),<ref name="child"/> and recalled the guards said, "Welcome to Israel".<ref>''O.K. v. Bush,'' 377 F. Supp. 2d 102; 2005 U.S. Dist. LEXIS 13758 at 3,</ref> Despite being under 18, he was treated as an adult prisoner from the beginning at Guantanamo.<ref name="child"/> Officials considered him an "intelligence treasure trove," as his father was suspected of al-Qaeda activities, and the youth had personally met ]. They thought he might be able to offer answers about the al-Qaeda hierarchy, although Omar Khadr was 10 years old when he met bin Laden.<ref name="child"/> | |||
Khadr initially spent much of his time in the prison hospital, where he spoke with the Muslim ] ], although he didn't seek any religious counseling.<ref name="child"/> In February 2003, he wrote to his grandparents in ], ], saying, "I pray for you very much and don't forgat me from your pray'rs and don't forget to writ me and if ther any problem writ me".<ref name="letter">], ''],'' "Canadian faces murder charges at a military tribunal", January 8, 2006</ref> | |||
On January 21, 2003, American military interrogators received a new ], and were told that they had to "radically create new methods and methodologies ... needed to complete this mission in defense of our nation".<ref name="child"/> | |||
{{Wikisource|Khadr vs. Canada}} | |||
{{Wikisource|Interview of (UNK) Khadr, Omar Ahmed (Feb 24, 2003)}} | |||
In February 2003, Canadian Foreign Affairs intelligence officer ] and an official from the ] (CSIS) were allowed to interrogate Khadr.<ref name="playDown">], ], , August 20, 2007</ref> For three weeks prior to the Canadian visit, the US guards ], moving him to a new cell every three hours for 21 days in order to "make him more amenable and willing to talk".<ref name=globe20080709>{{cite news |url=http://www.theglobeandmail.com/servlet/story/RTGAM.20080709.wkhadr0709/BNStory/National/home |title=Canada's secret documents on Khadr's treatment revealed |publisher=Globe and Mail |date=2008-07-09 |accessdate=2008-09-10 |author=Colin Freeze & Omar El Akkad |location=Toronto}}</ref> | |||
] agents]] | |||
Gould brought Khadr a ] value meal,<ref name="letter"/> and the government said the visit was "to ascertain Khadr's well-being." His attorney ] argued that "(Foreign Affairs) is suggesting that the visit was actually for (Khadr's) benefit, but this is not the case".<ref name="ctv01"/> His attorneys applied for and obtained an ] from Justice ] of the Federal Court of Canada to prevent CSIS from interrogating their client in the future.<ref name="ctv01"/><ref>], ]. May 2005</ref> The following month, a briefing from the Foreign Affairs department summarised Gould's findings, stating that Khadr was a "thoroughly 'screwed up' young man. All those persons who have been in positions of authority over him have abused him and his trust, for their own purposes."<ref name="child"/> Protesting that DFAIT and CSIS had been allowed to interrogate Khadr, but not the RCMP, Supt. Mike Cabana resigned his post in ].<ref name="kerry">Pither, Kerry. ''Dark Days: The Story of Four Canadians Tortured in the Name of Fighting Terror'', 2008.</ref> | |||
Assistant Director of CSIS ] assured the Canadian public the interrogation was not intended to secure intelligence for a United States prosecution. He said the information was freely shared with the Americans and the Canadians did not secure any guarantees, such as foregoing potential ] charges.<ref name="ctv01">, ], April 9, 2005</ref> | |||
For most of 2003, Khadr had a cell next to the British detainee ]; the two often discussed their favourite ] films, including '']'', '']'' and '']''.<ref name="child"/> Ahmed later recalled that while after some interrogations Khadr returned to his cell smiling and discussing what movies he had been shown, other times he returned crying and would huddle in the corner with his blanket over his head.<ref name="child"/> In the early spring of 2003, Khadr was told "Your life is in my hands" by a military interrogator, who spat on him, tore out some of his hair and threatened to send him to a country that would torture him more thoroughly, making specific reference to an ]ian ''Askri raqm tisa'' ("Soldier Number Nine") who enjoyed raping prisoners. The interrogation ended with Khadr being told he would spend the rest of his life in Guantanamo.<ref name="unending"/> A few weeks later, an interrogator giving his name as Izmarai spoke to Khadr in Pashto, threatening to send him to a "new prison" at ] where "they like small boys".<ref name="unending"/> | |||
In all, Khadr has been reported to have been kept in ] for long periods of time; to have been denied adequate medical treatment; to have been subjected to ], and left bound, in uncomfortable ] until he soiled himself.<ref name="amnesty"/><ref name=Ctv200602110>{{cite news | |||
| url=http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20060108/khadr_hearing_060108/20060110/ | |||
| title=Omar Khadr faces court after years at Guantanamo | |||
| publisher=] | |||
| date= January 10, 2006 | |||
}}</ref><ref name=Crin20070611> | |||
{{cite news | |||
| url=http://www.crin.org/resources/infodetail.asp?id=15360 | |||
| title=UNITED STATES: Youth Guantanamo trial unfair | |||
| publisher=] | |||
| date=June 11, 2007 | |||
}}</ref> | |||
Khadr's lawyers allege that his interrogators "dragged back and forth in a mixture of his urine and pine oil" and did not provide a change of clothes for two days in March 2003.<ref name=Cbc20060710>{{cite news|url=http://www.cbc.ca/canada/story/2006/07/10/khadr10072006.html |title=Canadian teen abused at Guantanamo Bay: report |publisher=] |date=July 10, 2006 |deadurl=yes |archiveurl=https://web.archive.org/web/20090422091652/http://www.cbc.ca/canada/story/2006/07/10/khadr10072006.html |archivedate=April 22, 2009 }}</ref> At the end of March 2003, Omar was upgraded to "Level Four" security, and transferred to ] in a windowless and empty cell for the month of April.<ref name="unending"/> In 2003, Khadr began leading prayer groups among the detainees.<ref name="letter"/> | |||
A year after he confided in ], a British citizen who was then a detainee, that his older brother ] was working for the Americans,<ref name="child"/> Omar was allowed a brief talk with Abdurahman. He was also being held as a detainee at Guantanamo and has claimed to have been working for the CIA at the time as an informant. His brother was held {{convert|50|ft|m}} away in a separate enclosure. The two shouted to each other in ], and Omar told his older brother not to admit their family's dealings with al-Qaeda, and mentioned that he was losing his left eye.<ref name="SonofAlQaeda">, '']''</ref> During his stay, the younger Khadr ], according to a letter to his mother.<ref>], 18/6/2004</ref> | |||
In March 2004, the Canadian intelligence officer ] returned to Guantanamo, finding Khadr uncooperative. The Foreign Affairs office said that Khadr was trying to be a "tough guy" and impress his cellmates. His attorney ] said that Khadr had originally thought Gould "had finally come to help him" in 2003, but by 2004 had realised that he was being interrogated, not aided, by the Canadian government.<ref name="letter"/> In all, Khadr was interrogated by Canadians six times between 2003 and 2004,<ref name="liar">], ", March 19, 2008</ref> and ordered to identify photos of Canadians believed to have ties to terrorism.<ref name="liar"/> When he told the Canadians that he had been tortured by the Americans into giving false confessions, the Canadian authorities said he was a liar. Khadr cried. He later recalled that he had "tried to cooperate so that they would take me back to Canada".<ref name="liar"/> | |||
{{wikisourcehas|letters written by Omar Khadr| | |||
*1. ] | |||
*2. ] | |||
*3. ] | |||
*4. ] | |||
}} | |||
In January 2004, Lieutenant-Commander Barbara Burfeind said that the US had decided not to hold juveniles at Guantanamo any longer, leading ] to question why Khadr was facing a military tribunal.<ref name="clive">Smith, Clive. ''Eight O'Clock Ferry to the Windward Side'', p. 145</ref> | |||
In August, the attorneys ] and ] submitted an "emergency motion" asking for the release of Khadr's medical records. Rebuffed, they were given a statement from the Guantanamo naval hospital commander Dr. John S. Edmondson that Khadr was "in good health", and a two-page document entitled "Healthcare Services Evaluation".<ref name="repat">, Brief Submitted to Senate Standing Committee on Human Rights, January 2008</ref> | |||
In November 2004, following a meeting with his attorneys, Khadr was interrogated for four days about what he had discussed with his defence lawyers. He has said that during this time, interrogators used "extreme physical force" and refused to allow him to say his ].<ref>Memorandum submitted by Muneer Ahmad and Richard Wilson, for ''Omar Khadr v. Bush'' (March 21, 2005)</ref> | |||
During this visit, the lawyers had administered a psychological questionnaire known as the "]", which they later gave to Dr. Eric W. Trupin, an expert in the developmental psychology of juveniles in confinement. Trupin ruled that Khadr was suffering from "delusions and hallucinations, suicidal behaviour and intense paranoia", and that his abuse had left him "particularly susceptible to mental coercion",<ref name="repat"/> and at moderate to high risk of committing ].<ref name="unending"/> Their efforts to secure approval by the US for an independent medical examination of their client were not successful by mid-2006.<ref name=MiamiHerald060626>, '']'', June 26, 2006 {{dead link|date=June 2016|bot=medic}}{{cbignore|bot=medic}}</ref><ref>Trupin Declaration, at paras. 19, 24. In Memorandum submitted by Muneer Ahmad and Richard Wilson for O.K. v. Bush (March 21, 2005)</ref><ref name=MedRequest>, '']'', June 13, 2006 {{dead link|date=June 2016|bot=medic}}{{cbignore|bot=medic}}</ref> | |||
On March 19, 2005, Canadian government officials began a series of regular "welfare visits" to Khadr to monitor his behaviour. He was being held in Camp V, the maximum-security isolation camp, and they had reports that he had thrown ] at guards and was refusing to eat.<ref name="edwards">Edwards, Steven. '']'', , June 4, 2008</ref> That year, his older sister ] moved back to Canada from Pakistan to work for better treatment for Omar and his brother ].<ref name=cageprisoners> | |||
, '']'', February 27, 2005</ref> Before May 2005, Khadr asked his attorney Wilson bring him Canadian magazines with "new model cars" to read<ref name="letter"/> and later spoke to Canadian officials about his admiration for ] and ] models.<ref name="edwards"/> | |||
In April 2005, Khadr was given another written psychiatric test by his lawyers, which they gave for interpretation to Dr. Daryl Matthews. He is a ] who had been invited to Guantanamo two years earlier by ].<ref>], , June 24, 2004</ref> Matthews concluded that Khadr met the "full criteria for a diagnosis of ]" (PTSD).<ref name="repat"/> | |||
In May 2005, Khadr announced that he would no longer cooperate with any of the American attorneys on his case, including ], ] and ]. His Canadian lawyers convinced him that he had to retain Lt. Cmdr. ], due to the tribunal regulations which required a military lawyer to be part of the defense. Three months later, the Canadian court upheld the federal injunction banning any further interrogations of Khadr by CSIS.<ref>Office of the Commissioner for Federal Judicial Affairs, , August 2005</ref><ref>], "CSIS defends right to interrogate Khadr", CBC, August 11, 2005</ref> | |||
Khadr participated in the widespread July 2005 ] by 200 detainees, going fifteen days without eating.<ref name=GlobeandMail050901>, '']'' September 1, 2005</ref> He was twice taken to the on-site hospital and ]. He said that on July 9 he was kicked and assaulted repeatedly by ] after collapsing from weakness.<ref name="repat"/> On July 20, 2005, the Guantánamo detainee ] wrote in his diary, "Omar Khadr is very sick in our block. He is throwing blood. They gave him cyrum when they found him on the floor in his cell." This extract was published in '']''.<ref name=Independent050911>, '']'', September 11, 2005</ref> | |||
In September 2005, Khadr was transferred out of the Camp V facility into Camp IV.<ref name="edwards"/> | |||
] | |||
In 2006, the US Army began an investigation into the alleged abuse against Khadr while he had been held in Bagram.<ref>Edwards, Steven. ], , ''Ottawa Citizen'', May 8, 2008</ref> In July he was transferred back to the isolation cells in Camp V after he expressed distrust of his military lawyers and called the guards "idiots".<ref name="edwards"/> | |||
On March 6, 2006, he met ], legal director of the British organisation ], who was representing numerous detainees. They met in the visitation area of ]. Khadr told Smith that he had been knocked unconscious by an American grenade blast and did not recall ever throwing any grenades while the firefight went on around him.<ref name="clive"/> In March 2007, Khadr was permitted to speak with his mother by phone for the first time, nearly five years after his capture.<ref name=Cbc20070309>{{cite news|url=http://www.cbc.ca/canada/story/2007/03/08/khadrspeaks.html |title=Canadian Guantanamo detainee calls home |publisher=] |date=March 8, 2007 |deadurl=yes |archiveurl=https://web.archive.org/web/20070313174853/http://www.cbc.ca/canada/story/2007/03/08/khadrspeaks.html |archivedate=March 13, 2007 }}</ref> He was allowed one other phone call to his family, but had no contact from June 2007 to April 2008.<ref name="sin">Sinnema, Jodie. ], ", April 23, 2008</ref><ref>Human Rights Watch, , (June 2007)</ref> At that time, he was put into Camp VI, the section with the harshest conditions, for what the US said were "disciplinary reasons." Canadian officials argued this was unfair, as Khadr's behaviour largely depended on which camp he was held within. The US transferred him back to Camp IV.<ref name="edwards"/> | |||
On April 9, 2008, a box of Khadr's documents was seized, ostensibly because items such as a '']'' screenplay were prohibited. Included were privileged correspondence with his attorneys; the legal documents were returned a few days later. He was ordered to cease playing ] or ] with his attorneys.<ref>], ], , April 11, 2008</ref> | |||
Lt. Cmdr. Kuebler arranged for a psychological evaluation from ], who visited Khadr three times in November 2008. Porterfield reported that she was finding it hard to establish trust with Khadr, which she said was "to be expected in cases like Khadr's where young people had been abused".<ref name=MetroPscyhEval> | |||
{{cite news | |||
|url=http://www.metronews.ca/toronto/canada/article/149901 | |||
|title=Mental assessment of 'traumatized' Omar Khadr difficult, lawyer says | |||
|publisher=] | |||
|author=Colin Perkel | |||
|date=2008-12-04 | |||
|accessdate=2008-12-04 | |||
|quote= | |||
|deadurl=bot: unknown | |||
|archiveurl=http://www.webcitation.org/5cp1EflGQ?url=http://www.metronews.ca/toronto/canada/article/149901 | |||
|archivedate=2008-12-04 | |||
|df= | |||
}} | |||
</ref> | |||
Starting in June 2009, Khadr was a participant in an art program for compliant captives and his art instructor's positive observations were offered on his behalf at his sentencing hearing.<ref> | |||
{{cite news | |||
| url = http://www.defense.gov/news/Khadr%20Defense%20PP%20Presentation%20During%20Sentencing%20Argument%20AE%20382%2030%20Oct%202010%20(redacted).pdf | |||
| title = Khadr Defense Presentation During Sentencing Argument – October 2010 (redacted) | |||
| publisher = ] | |||
| author = | |||
| date = October 2010 | |||
| pages = 9–11 | |||
| accessdate = 2013-05-29 | |||
| archivedate = 2010-11-01 | |||
| archiveurl = https://web.archive.org/web/20101101225723/http://www.defense.gov/news/Khadr%20Defense%20PP%20Presentation%20During%20Sentencing%20Argument%20AE%20382%2030%20Oct%202010%20(redacted).pdf | |||
| deadurl = no | |||
| quote = | |||
}} | |||
</ref> | |||
==Legal trials== | |||
===Combatant Status Review Tribunal=== | |||
{{wikisourcehas|CSRT documents for Omar Khadr| | |||
*1. ] | |||
*2. ] | |||
}}] | |||
The ] ruled in June 2004 '']'' that detainees are entitled to limited rights of ]. Consequently, the ] instituted "]".<ref name="OConnorOnHamdi"> | |||
{{cite web | |||
| url=http://straylight.law.cornell.edu/supct/html/03-6696.ZO.html | |||
| title=Full text of Justice O'Connor's opinion | |||
| publisher=] | |||
| date=June 28, 2004 | |||
| accessdate=2007-09-24 | |||
}}</ref> | |||
On August 31, 2004, a ] was prepared for Khadr's ]. The summary alleged that he had admitted he threw a ] which killed a U.S. soldier, attended an ] in ] and worked as a translator for ] to coordinate ] missions. In addition, he was accused of helping to plant the landmines between Khost and ], and having visited an airport near Khost to collect information on U.S. convoy movements.<ref name=CsrtSummaryOfEvidenceOmarAhmedKhadr> | |||
{{cite web | |||
| url=http://www.dod.mil/pubs/foi/detainees/csrt_arb/000600-000699.pdf#7 | |||
| title=Summary of Evidence for Combatant Status Review Tribunal – Khadr, Omar Ahmed | |||
| date=August 31, 2004 | |||
| author=] | |||
| pages=age 7 | |||
| publisher=] | |||
}}</ref> | |||
His actual tribunal was convened on September 7, as Panel #5 reviewed his status in the detainment camp. The tribunal concluded that Khadr was an "]" and a one-page summary of conclusions was released on September 17.<ref>], ], September 10, 2004</ref> | |||
{{Clear}} | |||
===''O.K. v. George W. Bush''=== | |||
{{Wikisource|O.K. v. George W. Bush}} | |||
Following the successful ] ruling in '']'' (2004) which ruled that detainees had the right of '']'' to challenge their detentions, Khadr's maternal grandmother Fatmah el-Samnah, acting as ], filed a ] against the United States on Khadr's behalf on July 2, 2004, to challenge his detention.<ref name="brown">{{cite web|url=http://www.mayerbrown.com/public_docs/probono_Khadr_merits_brief.pdf |title=''Khaled A.F. Odah v. USA'': Brief for Respondent Omar Khadr Supporting Petitioners |format=PDF |accessdate=2010-03-31}}</ref> {{Clear}} | |||
The suit was named ''O.K. v. George W. Bush,'' since Khadr was still a minor at the time of its filing.<ref name="okv">]</ref> It was at this time that the American ] was added to Khadr's defence team.<ref name="wilson">Wilson, Richard. ], , February 2005</ref> | |||
On September 21, 2004, more than sixty Habeas motions filed by Guantanamo detainees were transferred to a single suit before senior Judge ] for coordination. The remaining issue in the suit, having Khadr's medical records released to his attorneys and gaining an independent medical review of his health while in custody, remained with Judge ].<ref name="okv"/> | |||
On October 26, Bates rejected the motion, stating that "no charges have been brought against petitioner, and accordingly there is no reason to undertake any inquiry into petitioner's mental competence".<ref name="okv"/> | |||
On August 4, 2008, Department of Justice officials responded to a motion that Khadr should not stand trial because he was a ].<ref name=Cv08-0442Doc235> | |||
{{cite web | |||
| url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/235/0.pdf | |||
| title=RESPONDENT'S OPPOSITION TO PETITIONER'S MOTION FOR STATUS CONFERENCE | |||
| publisher=] | |||
| author= | |||
| date=2008-08-04 | |||
| accessdate=2008-08-13 | |||
| quote= | |||
|format=PDF}} | |||
</ref> | |||
{{Clear}} | |||
===First tribunal=== | |||
]In 2005, the United States announced that they were assembling the necessary framework to hold newly crafted ]s. Believing that Khadr's case represented one of the "easiest" cases to prove, the United States selected him as one of ten detainees to be charged under this new system.<ref name="why">Rana, Abbas. ], "Why Canadian federal political leaders should be talking about Omar Khadr now", April 21, 2008</ref> | |||
]]] | |||
]]] | |||
The chief prosecutor ] attracted internal complaints (discussed publicly in 2006) while court challenges to the process were proceeding.<ref name=Upi20060713> | |||
{{cite news | |||
| title=Lawyers criticize Bush trials plan, | |||
| url=http://www.upi.com/SecurityTerrorism/view.php?StoryID=20060712-115137-3892r | |||
| publisher=United Press International | |||
| date=July 13, 2006 | |||
| author=Pamela Hess | |||
| accessdate=2007-04-11 | |||
}}</ref><ref name=Senate20060925> | |||
{{cite web | |||
| url=http://judiciary.senate.gov/testimony.cfm?id=2416&wit_id=5510 | |||
| title=Testimony of Lt. Commander Charles Swift, Office of Chief Defense Counsel, Office of Military Commissions, Department of Defense | |||
| date=September 25, 2006 | |||
| publisher=] | |||
| author=] | |||
| accessdate=April 23, 2007 | |||
}}</ref><ref>{{cite web|url=http://www.wsws.org/articles/2005/aug2005/guan-a04.shtml |title=Military commissions' prosecutors charge: trials rigged against Guantánamo detainees |publisher=Wsws.org |date=2009-01-13 |accessdate=2010-03-31}}</ref> He was replaced by ],<ref name=AmericanForcesPressService20040827> | |||
{{cite news | |||
| url=http://www.defenselink.mil/news/newsarticle.aspx?id=25432 | |||
| title=Many Issues Raised in First Week of Commissions Hearings | |||
| author=Kathleen T. Rhem | |||
| date=August 27, 2004 | |||
| publisher=American Forces Press Service | |||
| accessdate=2007-04-12 | |||
}}</ref> who was replaced in September 2005 by Col. ].{{citation needed|date=November 2014}} | |||
On November 7, 2005, Khadr was formally charged with murder by an unprivileged belligerent, attempted murder by an unprivileged belligerent, aiding the enemy and conspiracy with ], ], ], ], ], ] "and various other members of the al Qaida organization".<ref name=FirstCharges>{{cite web | |||
| url=http://www.defenselink.mil/news/Nov2005/d20051104khadr.pdf | |||
| title=U.S.A. v. Omar Ahmed Khadr | |||
| date=November 5, 2005 | |||
| publisher=US Department of Defense | |||
|format=PDF}}</ref> The United States informally indicated they would not seek the ] for Khadr.<ref name=globeandmail051109>, '']'', November 9, 2005 {{webarchive |url=https://web.archive.org/web/20080709020611/http://www.theglobeandmail.com/servlet/ArticleNews/TPStory/LAC/20051109/KHADR09/TPInternational/Americas |date=July 9, 2008 }}</ref> | |||
On December 1, 2005 the officers were appointed to Khadr's specific commission.<ref name=torstar051202>, '']'', December 2, 2005</ref> Capt. John Merriam was made Khadr's official defence attorney, but agreed with counsel ] that he lacked trial experience as a defence attorney, and both men requested that he be replaced.<ref name="tight">], , January 11, 2006</ref><ref name=NatPost060110>{{cite news | |||
| url=http://www.canada.com/nationalpost/story.html?id=6c92c335-ee83-40f5-b099-3e0b9a8a758e&k=71973 | |||
| title=Prosecutor says teen should be tried by military tribunal | |||
| publisher=] | |||
| date=January 10, 2006 | |||
| author=Beth Gorham | |||
| accessdate=2007-02-05 | |||
}}</ref> Lt. Col. ] was named as Merriam's replacement.{{citation needed|date=November 2014}} | |||
Prosecutor Morris Davis became known for his "often-flamboyant quotes" about Khadr, referring to media coverage of the tribunal as "nauseating", and noting that Khadr didn't spend his time in Afghan camps "making ]s and learning how to tie knots".<ref name="cites"/> | |||
On January 11, 2006 Khadr appeared at his pre-trial hearing wearing a ] T-shirt, leading judge ] to order him to wear more suitable attire in the future.<ref name="tight"/> The following day, he wore a blue-checkered shirt.<ref name="mrtibbs">Sutton, Jane. ], "Guantanamo tribunal ordered to call teen Mr. Khadr", January 13, 2006</ref> Chester insisted that both the prosecution and defence stop referring to Khadr as "Omar" and instead use "Mr. Khadr" to denote the serious nature of the charges facing him.<ref name="mrtibbs"/> The defense attorney Vokey, a Marine attorney, retired after he was disciplined for calling the tribunals a "sham" that left him feeling "disgusted".<ref>Zwerdling, Daniel. ], , October 30, 2007</ref> | |||
Khadr and the other nine detainees who faced charges were transferred to ] on March 30.<ref name=TorStar060406>, '']'', April 6, 2006</ref> Six days later, Khadr wrote a note to the court saying, "Excuse me Mr. Judge,... I'm being punished for exercising my right and being co-operative in participating in this military commission. For that, I say with my respect to you and everybody else here, that I'm ] until I be treated humanely and fair."<ref name=autogenerated1>, '']'', April 6, 2006</ref> | |||
{{wikisourcehas|2= | |||
1. ] | |||
*2. ] | |||
}} | |||
The commissions were struck down as unconstitutional on June 29, 2006 by the ] ruling in ''],'' which stated that "The military commission at issue lacks the power to proceed because its structure and procedures violate both the ] and the four ]s signed in 1949."<ref name=DoDKhadrChargesDismissed20070604> | |||
{{cite news | |||
| url=http://www.defenselink.mil/news/newsarticle.aspx?id=46281 | |||
| title=Charges Dismissed Against Canadian at Guantanamo | |||
| author=] Sara Wood | |||
| publisher=] | |||
| date=June 4, 2007 | |||
}}</ref> | |||
Davis resigned as the Guantanamo prosecutor on October 6, 2007, hours after ] was made his superior officer. He said that he was not going to take orders from "the guy who said ] is A-okay".<ref name="melia">Melia, Michael. ''],'' "", April 29, 2008</ref> He was ordered by his superiors to silence his criticisms.<ref name="cites">], ''],'' "", October 6, 2007</ref> | |||
===Second tribunal=== | |||
{{Wikisource|Second Military Tribunal Against Omar Khadr}} | |||
]After the ] was signed in October 2006, new charges were sworn against Khadr on February 2, 2007. He was charged with Murder in Violation of the Law of War, Attempted Murder in Violation of the Law of War, Conspiracy, ] and Spying.<ref name="notification"/> Canadian attorney ] was barred from appearing at the October ], after he criticized Kuebler's efforts, stating that the military lawyer had focused his energy on lobbying Canadian authorities to have Khadr repatriated, at the cost of preparing for the actual trial.<ref name=TorontoStar20071031> | |||
{{cite news | |||
| url=http://www.thestar.com/News/article/272332 | |||
| title=Khadr's Canadian lawyer barred from hearing | |||
| publisher=] | |||
| author=] | |||
| date=October 31, 2007 | |||
| accessdate=2007-11-10 | |||
}}</ref><ref name=Ctv20071105>{{cite news | |||
|url=http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071105/khadr_trial_071105/20071105?hub=World | |||
| title=Khadr trial proceeds despite questions about Gitmo | |||
| publisher=] | |||
| date= November 5, 2007 | |||
| accessdate=2007-11-10 | |||
}}</ref> | |||
Khadr petitioned the US Supreme Court to review the legality of the military commission and his detention, but this request was denied in April 2007.<ref>], , April 30, 2007</ref> | |||
On June 1, Edney said that he would not seek any ] for Khadr that would likely see him serve 30 years in prison.<ref>], , June 1, 2007</ref> ] dismissed the charges three days later, stating that Khadr had been previously classified as an "]" by his ] in 2004, while the ] only granted him jurisdiction to rule over "''Unlawful'' enemy combatants".<ref name=MiamiHerald20070604>{{cite news|url=http://www.miamiherald.com/416/story/128137.html |title=War court tosses case against young captive |publisher=] |author=] |date=June 4, 2007 }}{{dead link|date=June 2016|bot=medic}}{{cbignore|bot=medic}}</ref><ref>{{cite news |first=Sheldon |last=Alberts |title=Khadr remains in detention after all charges dropped |url=http://www.canada.com/nationalpost/story.html?id=ead5bb60-723b-4f87-a2fe-2dbe0845d8f2 |work=] |publisher=] |page= |date=2007-06-04}}</ref> | |||
] (l) and ] (r)]]On September 9, 2007, charges were reinstated against Khadr after the ] overturned Brownback's dismissal, stating that the tribunal could determine the legality of a detainee's status for itself.<ref name=WaPo20070925> | |||
{{cite news | |||
| url=http://www.washingtonpost.com/wp-dyn/content/article/2007/09/24/AR2007092401848.html | |||
| title=Court Reverses Ruling on Detainees | |||
| publisher=Washington Post | |||
| author=] | |||
| date=2007-09-25 | |||
}}</ref> | |||
On October 9, Jeffrey Groharing argued that the prosecution should not be required to identify their witnesses, stating that Khadr was "certainly capable of exacting revenge" against witnesses if he were allowed the ]. Brownback ruled that while the defense attorneys had the right to know the identity of the witnesses, that information could not be given to Khadr himself.<ref>Glaberson, William. "", December 1, 2007</ref> | |||
In November, while prosecutors were "desperately" trying to introduce the 27-minute video found in the wreckage,<ref name="can">], , January 19, 2008 {{webarchive |url=https://archive.is/20090122030740/http://www.google.com/hostednews/canadianpress/article/ALeqM5ienBNSADUQ3el8GXucLZUoZUrAHg |date=January 22, 2009 }}</ref> the tape was leaked to the media by an unknown source and shown on '']''. Four months later, Kuebler stated that following conversations with the show's producers, he believed that the video was leaked by Vice President ]'s office.<ref name="ctvTape">], , March 4, 2008</ref> | |||
The ] requested that ], special representative for children in armed conflict, be allowed to watch the tribunal, but the request was denied.<ref>], ], , January 24, 2008</ref> | |||
{{Wikisource|OC-1 CITF witness report}} | |||
In January, the defence put forward three separate motions to dismiss the trial, arguing that it violated the Constitutional prohibition against ], that the commission lacked jurisdiction because Khadr had been a minor when the incident occurred and that there was a lack of subject matter jurisdiction. Sixteen days after the February 4 hearing on the motions, Brownback dismissed the first claim. He dismissed the second claim in April,<ref>Gorham, Beth. ], , April 30, 2008 {{dead link|date=June 2016|bot=medic}}{{cbignore|bot=medic}}</ref> but has reserved judgment on the third.<ref>], , April 2008</ref><ref name=GlobeAndMail20080204> | |||
{{cite news | |||
| url=http://www.theglobeandmail.com/servlet/story/LAC.20080204.GITMO04/TPStory/TPInternational/Asia/ | |||
| title=Khadr defence to file motion to dismiss | |||
| publisher=] | |||
| author=Omar El Akkad | |||
| date=February 4, 2008 | |||
| accessdate=2008-02-04 | |||
| location=Toronto | |||
}}</ref><ref name=TorontoStary20080204> | |||
{{cite news | |||
| url=http://www.thestar.com/News/Canada/article/300329 | |||
| title=Khadr secret document released by accident | |||
| publisher=] | |||
| author=] | |||
| date=February 4, 2008 | |||
| accessdate=2008-02-01 | |||
}}</ref> | |||
February also saw the accidental release of a five-page "OC-1" witness report to reporters, which revealed that Khadr had not been the only survivor in the compound, as previously claimed, and that nobody had seen him throw the grenade. Officials insisted that the reporters all had to return their copies of the document or face expulsion from the hearings, but after a 90-minute standoff between reporters and military officials, it was agreed that they could retain their copies of the report, but had to ] three names from the report.<ref name=TorontoStary20080204/><ref name=Canwest20080204> | |||
{{cite news | |||
| url=http://www.canada.com/story.html?id=95f582ec-c987-4bd4-8f17-157a87a73618 | |||
| title=Second al-Qaida fighter implicated in Khadr incident, secret document shows | |||
| publisher=] | |||
| author=Steven Edwards | |||
| date= February 4, 2008 | |||
| accessdate=2008-02-01 | |||
}}</ref> | |||
] is being built at Guantanamo to house the upcoming trials.]] | |||
In March, Kuebler insisted that "Lt. Col. W." had initially written in his report the day after the firefight that "the person who threw a grenade that killed Sgt. 1st Class Christopher J. Speer also died in the firefight", implying that the grenade had indeed been thrown by the surviving Mujahideen, and not by Khadr. The report was rewritten months later to say that the grenade thrower had been "engaged", rather than "killed", changing the wording that exonerated Khadr.<ref name="carol">{{cite news | |||
| url=http://www.latimes.com/news/printedition/asection/la-na-gitmo14mar14,1,1852577.story | |||
| title=Pentagon accused of doctoring Guantanamo tribunal evidence | |||
| publisher=] | |||
| author=Carol J. Williams | |||
| date=March 14, 2008 | |||
| quote= | |||
}}</ref> In response, Brownback ordered that the commander be made available for an interview by the defence counsel no later than April 4.<ref>], "", March 14, 2008</ref> and postponed the scheduled May 5 date for the murder trial to begin,<ref>], , March 14, 2008</ref> while prosecutor Groharing urged Brownback to begin the trial as soon as possible, stressing a "need for justice" for Speer's widow.<ref>], , April 11, 2008 {{dead link|date=June 2016|bot=medic}}{{cbignore|bot=medic}}</ref> | |||
The following month, Kuebler suggested it was possible that the fatal grenade had actually been one of those being thrown into the compound by American troops while the small team searched the interior.<ref name="aol"/> | |||
Kuebler accused the military of encouraging interrogators to "minimize certain legal issues" by keeping as few records as possible and destroying their notes, and suggested he would seek a dismissal.<ref>. ] via ], 2008-06-08.</ref> | |||
On May 8, 2008, Brownback threatened to suspend the military hearing if prosecutors did not provide the defense with a number of documents, including an al-Qaeda membership list, documents on the relationship between al-Qaeda and ]'s ], copies of the Detainee Information Management System records related to Khadr's treatment in Guantanamo, documents on the use of children by al-Qaeda, investigator notes of witness interviews, details about the militants who were killed in the 2002 firefight, and others.<ref name="ally">Muhammed Ally, Sahr. ], , May 9, 2008</ref><ref name="NYTMay2008">Glaberson,William. ], , May 31, 2008</ref> Prosecutors did agree to turn over the videotape of Canadian intelligence official ] and ] (CSIS) agents interrogating Khadr in February 2003, but said they would ] to hide the identity of the interrogators.<ref name="ally"/> Following Brownback's "ruling against the government", the Pentagon announced that he was being removed from the trial in favour of ], leading critics to highlight what they believed was "more evidence of the illegitimacy" of the tribunal and that official explanations of the timing as being coincidental were "unconvincing".<ref>], , May 30, 2008</ref><ref>], , June 3, 2008</ref><ref>Melia, Michael. ], , June 2, 2008 {{dead link|date=June 2016|bot=medic}}{{cbignore|bot=medic}}</ref> Parrish, known as "Rocket Docket" for his tendency to speed through trials, immediately ordered a court date of October 8, 2008.<ref name="trial">Shephard, Michelle. ], , June 19, 2008</ref> | |||
On September 4, Parrish barred ] ] from participating in the Tribunal because of his "]", the third such trial Hartmann was alleged of trying to corrupt.<ref name=McClatchy20080906> | |||
{{cite news | |||
|url=http://www.mcclatchydc.com/256/story/51760.html | |||
|title=Pentagon adviser banned again from Guantanamo case | |||
|publisher=] | |||
|author=] | |||
|date=2008-09-04 | |||
|accessdate=2008-09-06 | |||
|quote= | |||
|deadurl=bot: unknown | |||
|archiveurl=http://www.webcitation.org/5adiEGCAE?url=http://www.mcclatchydc.com/256/story/51760.html | |||
|archivedate=2008-09-06 | |||
|df= | |||
}} | |||
</ref> On October 22, 2008, it was revealed that the Prosecution had given the Defense team an incomplete version of Khadr's medical records five months earlier, and Parrish granted a delay citing the "consequences" of the decision for the prosecution.<ref name=GlobeAndMail2008-10-22> | |||
{{cite news | |||
| url=http://www.theglobeandmail.com/servlet/story/RTGAM.20081022.wkhadr_trial1022/BNStory/International/home | |||
| title=Khadr's lawyers argue for trial delay | |||
| publisher=] | |||
| author=Omar El Akkad | |||
| date=2008-10-22 | |||
| accessdate=2008-10-23 | |||
| quote= | |||
| location=Toronto | |||
}} | |||
</ref> In December, the Prosecution announced it was withdrawing its intended witness who was to testify that Khadr had confessed to the crimes in December 2004 during interrogation; ostensibly to "cover up" the abusive methods used to make the youth confess.<ref>], "Defence says witness in Omar Khadr trial withdrawn to 'cover up' abuse", December 7, 2008</ref> | |||
On March 8, 2010, Steven Edwards of the '']'' reported that US officials were quietly putting pressure on Canada to accept repatriation of Khadr.<ref name=Canwest2010-03-08> | |||
{{cite news | |||
| url=http://www.nationalpost.com/news/story.html?id=2652827 | |||
| title=U.S. looks for way to return Khadr: No stomach to try child for war crimes | |||
| publisher=] | |||
| date=2010-03-08 | |||
| author=Steven Edwards | |||
| archiveurl=http://www.webcitation.org/query?url=http%3A%2F%2Fwww.nationalpost.com%2Fnews%2Fstory.html%3Fid%3D2652827&date=2010-03-09 | |||
| archivedate=2010-03-09 | |||
| quote=Officials in the Obama administration are quietly seeking a way to repatriate Canadian-born terror suspect Omar Khadr, an authority in a position to know has confided to Canwest News Service. | |||
}}</ref> | |||
Edwards didn't name the official he quoted, who told him elements within the Obama Presidency "don't have the stomach to try a child for war crimes". He did identify ], ] and ] as three political appointees with a background in ]. He pointed out that Posner was the founding director of ], which had advocated Khadr's repatriation. He stated that he had been told that US efforts to repatriate Khadr would remain unofficial, because, for political reasons, the Obama administration wanted to publicly agree to a request that officially was initiated in Canada.{{citation needed|date=November 2014}} | |||
On July 7, 2010, less than one week before the beginning of preliminary hearings in his trial before a military commission, Khadr fired his entire team of lawyers and announced that he would act as his own legal defense. Later in the month, Khadr accepted Lieutenant Colonel Jon S. Jackson as his lead defense counsel. Lieutenant Colonel Jackson is reported to have worked behind the scenes for several months to work on a plea agreement that would return Khadr to Canada within one year.{{citation needed|date=November 2014}} | |||
===Canadian documentation=== | |||
] | |||
Khadr's defence attorneys claimed that the Canadian government acted illegally, sending its counsel and CSIS agents to Guantanamo Bay to interrogate Khadr and turning their findings over to the Tribunal prosecutors to help convict Khadr,<ref>], ], "", March 27, 2008</ref> and that the release of the documents might help prove Khadr's innocence.<ref name="Gorham"/> | |||
In 2007, the ] ordered the Canadian government to turn over its records related to Khadr's time in captivity, as judge ] stated it was apparent that Canada had violated ].<ref name="globe20080709"/> The government appealed to the ] in 2008, arguing that Khadr was just "fishing" for information and that disclosing their records, which included an initial account of the firefight that differs from all previously seen reports,<ref>], ''Toronto Star'', , April 11, 2008</ref> could jeopardise national security.<ref name="scc">], , CTV, March 26, 2008</ref> | |||
Critics alleged that the refusal to release the classified documents was due to the "embarrassment" they caused the government.<ref name="scc"/><ref>], , CTV, March 20, 2008</ref> | |||
On May 23, 2008, the ] ruled unanimously that the government had acted illegally, contravening ], and ordered the videotapes of the interrogation released.<ref>], , May 23, 2008 {{dead link|date=June 2016|bot=medic}}{{cbignore|bot=medic}}</ref> | |||
In April 2009, the Federal Court of Canada ruled again that Khadr's rights under the Charter of Rights and Freedoms had been violated. It concluded that Canada had a "duty to protect" Khadr and ordered the Canadian government to request that the U.S. return him to Canada as soon as possible.<ref>. Retrieved January 30, 2010.</ref> In August 2009, the Federal Court of Appeal upheld the decision in a 2–1 ruling.<ref>, August 14, 2009, Retrieved January 30, 2010.</ref> Finally, in January 2010, in a unanimous 9–0 decision, the Supreme Court of Canada ruled that the participation of Canadian officials in Khadr's interrogations at Guantanamo clearly violated his rights under the Charter. In its sharply worded decision, the Supreme Court referred to the denial of Khadr's legal rights as well as to the use of ] techniques to soften him up for interrogation: | |||
<blockquote>The deprivation of right to liberty and security of the person is not in accordance with the principles of fundamental justice. The interrogation of a youth detained without access to counsel, to elicit statements about serious criminal charges while knowing that the youth had been subjected to sleep deprivation and while knowing that the fruits of the interrogations would be shared with the prosecutors, offends the most basic Canadian standards about the treatment of detained youth suspects.</blockquote><ref>, Rabble.ca, November 2, 2010. Retrieved December 9, 2015.</ref> | |||
But, the Supreme Court stopped short of ordering the government to seek Khadr's return to Canada. It left it to the government to determine how to exercise its duty to conduct foreign affairs while also upholding its obligation to respect Khadr's constitutional rights.<ref name="scc2010">, Supreme Court of Canada, January 29, 2010. Retrieved January 30, 2010. {{webarchive |url=https://web.archive.org/web/20130113074027/http://www.scc-csc.gc.ca/decisions/Khadr-en.pdf |date=January 13, 2013 }}</ref> | |||
===Civil lawsuit=== | |||
Sgt. ] and Sgt. Speer's widow Tabitha, both represented by Donald Winder,<ref>], "", August 6, 2004</ref> filed a ] against the estate of ], claiming that the father's failure to control his son resulted in the loss of Speer's life and Morris's right eye. Since United States law does not allow civil lawsuits against "acts of war", Speer and Morris relied on the argument that Khadr's throwing the grenade was an act of ], rather than war. In February 2006, Utah District Court Judge ] awarded the plaintiffs $102.6 million in damages, approximately $94 million to Speer and $8 million to Morris.<ref>{{ar icon}}al-Vefagh News, "", February 23, 2006 {{webarchive |url=https://web.archive.org/web/20080420090900/http://www.al-vefagh.com/1384/841204/html/doliat.htm |date=April 20, 2008 }}</ref> He said it likely marks the first time terrorist acts have resulted in civil liabilities.<ref name=SLTribune>, '']'', February 16, 2006</ref> It has been suggested that the plaintiffs might collect funds via the ],<ref name=SaltLakeTribune20070514> | |||
{{cite news | |||
| url=http://www.sltrib.com/ci_6140530 | |||
| title=Judge clears way for wounded soldier to collect judgement against terrorist | |||
| publisher=] | |||
| date=June 14, 2007 | |||
| author=Dawn House | |||
}}</ref> but the Federal government is not bound by civil rulings, and it has refused to release Khadr's frozen assets.<ref>House, Dawn. ''],'' "Feds fight order to turn over terrorist funds", January 26, 2008</ref> | |||
===United Nations reaction to Khadr trial=== | |||
{{rquote|right|The recruitment and use of children in hostilities is a war crime, and those who are responsible – the adult recruiters – should be prosecuted. The children involved are victims, acting under coercion.|]<ref> {{webarchive |url=https://web.archive.org/web/20100714043105/http://www.dailytimes.com.pk/default.asp?page=2010 |date=July 14, 2010 }}</ref> }} | |||
], the Executive Director of the ] and former U.S. national security adviser, expressed opposition in 2010 to the plan to prosecute Khadr by a tribunal. He said, | |||
<blockquote>"Anyone prosecuted for offences they allegedly committed as a child should be treated in accordance with international juvenile justice standards providing special protections. Omar Khadr should not be prosecuted by a tribunal that is neither equipped nor required to provide these protections and meet these standards."<ref>{{cite news| url=http://uk.reuters.com/article/idUKTRE64Q5C820100527 | title=UNICEF head opposed to Khadr trial at Guantanamo | date=May 27, 2010 | work=Reuters}}</ref></blockquote> | |||
Radhika Coomaraswamy, the UN secretary-general's special representative for children and armed conflict, wrote in a 2010 statement that the proposed trial violated international legal norms and "may endanger the status of child soldiers all over the world."<ref name="isikoff"/> | |||
"Since World War II, no child has been prosecuted for a war crime," Radhika Coomaraswamy, the U.N.'s special representative for Children and Armed Conflict said in a statement distributed by the U.N. on the eve of Khadr's trial here. Khadr represents the "classic child soldier narrative: recruited by unscrupulous groups to undertake actions at the bidding of adults to fight battles they barely understand." Coomaraswamy called for Khadr to be released into a rehabilitation program.<ref name="isikoff">, NBC News, 10 August 2010</ref> | |||
==Canadian response to Omar Khadr== | |||
{{main|Canadian response to Omar Khadr}} | |||
]]] | |||
In 2008 ] officials visited Khadr several times. Karim Amégan and Suneeta Millington reported that Khadr was "salvageable" if allowed to return to Canadian society, but that keeping him in the prison would risk radicalizing him.<ref name="spec">], , June 3, 2008</ref> As of January 2009, 64% of Canadians supported ] Khadr to Canada,<ref>], , January 20, 2009</ref> up from 41% in June 2007.<ref>Angus-Reid, , June 2007</ref> | |||
The Wikileaks Cablegate disclosures in 2010 revealed that the Canadian government had decided against seeking Khadr's repatriation, a decision supported by the US. This made it "politically impossible" for the country to accept custody of Uighur former detainees whom the US was unable to return to China.<ref name="wiki14">{{cite news|author1=Simon Jeffery|author2=Ben Quinn|author3=Patrick Kingsley|author4=Jason Rodrigues|newspaper=The Guardian|title=WikiLeaks cables: You ask, we search|date=14 December 2010|url=https://www.theguardian.com/world/blog/2010/dec/13/wiki-leaks-you-ask-we-search|accessdate=December 14, 2010|location=London}}</ref> The Wikileaks cables showed strong US interest in Canadian reaction to Khadr's case. ], the director of Canada's intelligence agency, expressed his belief that the release of DVD footage of Khadr's interrogation at Guantanamo by Canadian officials, in which he is shown crying, would lead to "knee-jerk anti-Americanism" and "paroxysms of moral outrage, a Canadian specialty".<ref name="wiki14"/> | |||
Former Canadian Senator ] has been an outspoken advocate for Omar Khadr's rights as a former child soldier. In July 2012, Dallaire set up a petition putting pressure on then Public Safety Minister ] to honour the plea bargain deal Khadr made in 2010 when he was released to Canadian custody. 35,000 concerned citizens signed the petition. Omar was repatriated in September 2012.<ref>{{cite news| url=http://m.thestar.com/#/article/news/2012/09/29/omar_khadr_repatriated_to_canada.html |title=Omar Khadr repatriated to Canada |date=29 Sep 2012 |work=Toronto Star}}</ref> | |||
Dallaire: "Omar has been 10 years in jail already, in a jail so many have considered illegal and inappropriate. He's been tortured to get testimony out of him and through all that has seen no support whatsoever."<ref>{{cite news| url=http://www.cbc.ca/news/politics/khadr-s-rehabilitation-undermined-by-tories-dallaire-says-1.1280898 |title=Khadr's rehabilitation undermined by Tories, Dallaire says |date=1 October 2012 | work=CBC News}}</ref> | |||
==Guilty plea== | |||
On October 25, 2010, after spending eight years in Guantanamo, Khadr pleaded guilty to murder in violation of the laws of war, attempted murder in violation of the laws of war, conspiracy, two counts of providing material support for terrorism and spying.<ref>{{cite web|url=http://media.miamiherald.com/smedia/2010/10/26/10/stip.source.prod_affiliate.56.pdf|title=USvKhadr Stipulation of Fact|date=October 25, 2010}}</ref><ref>{{cite news|url=http://www.cnn.com/2010/US/10/25/khadr.plea/|title=Youngest Guantanamo detainee pleads guilty|last=Meserve|first=Jeanne|author2=CNN Wire Staff|date=October 25, 2010|work=CNN|accessdate=29 October 2010}}</ref> Under the plea deal, Khadr would serve at least one more year in Guantanamo Bay before any transfer to Canadian custody. Canadian authorities denied any agreement to repatriate Khadr.<ref name="Diplomatic Notes"/><ref>{{cite news|url=http://www.cbc.ca/canada/story/2010/10/28/khadr-cannon-canada.html |title=No Khadr return deal in place: Cannon |work=CBC News |accessdate=29 October 2010 |date=October 28, 2010 |deadurl=yes |archiveurl=https://web.archive.org/web/20101101115057/http://www.cbc.ca/canada/story/2010/10/28/khadr-cannon-canada.html? |archivedate=November 1, 2010 }}</ref><ref>{{cite web|url=http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Parl=40&Ses=3&DocId=4746353#OOB-3446264|title=House of Commons Omar Khadr|date=November 1, 2010}}</ref> | |||
==Clinton's office facilitates repatriation== | |||
As the time approached when Khadr was eligible for repatriation to Canada, two cabinet ministers made contradictory statements as to whether Canada would accept custody of him.<ref name=TorStar2011-10-07> | |||
{{cite news | |||
|url=http://www.thestar.com/specialsections/omarkhadr/article/1066103--on-eve-of-his-release-ottawa-unclear-on-if-khadr-can-return-to-canada?bn=1 | |||
|title=On eve of his release, Ottawa unclear on if Khadr can return to Canada | |||
|publisher=] | |||
|date=2011-10-07 | |||
|accessdate=2011-10-07 | |||
|quote=With just weeks until convicted war criminal Omar Khadr is eligible for transfer according to a Pentagon plea deal, Ottawa is sending mixed messages as to whether the Guantanamo detainee will return to Canada to serve the remainder of his sentence. | |||
|page= | |||
|author=] | |||
|deadurl=bot: unknown | |||
|archiveurl=http://www.webcitation.org/62GFwOhmW?url=http://www.thestar.com/specialsections/omarkhadr/article/1066103--on-eve-of-his-release-ottawa-unclear-on-if-khadr-can-return-to-canada?bn=1 | |||
|archivedate=2011-10-07 | |||
|df= | |||
}} | |||
</ref> On March 24, 2012, ''The New York Times'' reported on continued delays in Khadr's repatriation, attributing it to delays within the Canadian government.<ref name=NYTimes2012-03-24> | |||
{{cite news | |||
| url = https://www.nytimes.com/2012/03/25/us/delays-keep-omar-khadr-at-guantanamo-despite-plea-deal.html?_r=1&pagewanted=all | |||
| title = Delays Keep Former Qaeda Child Soldier at Guantánamo, Despite Plea Deal | |||
| publisher = ] | |||
| date = 2012-03-24 | |||
| accessdate = 2012-03-24 | |||
| quote = Officials say his limbo status is the result of bureaucratic delays in processing his application to transfer, especially within the Canadian government. | |||
| page = | |||
| author = Charlie Savage | |||
}} | |||
</ref> These delays were affecting the prosecutors' ability to get other low-level detainees to agree to plea deals.<ref name=NYTimes2012-03-24/> | |||
On November 30, 2015, State Department emails from Hillary Clinton's private email account were released which revealed how Clinton and her staff worked with Canadian Foreign Minister, ] to effect Khadr's return to Canada. Clinton's office was delighted over the news that Omar Khadr was being repatriated to a prison in his home country. Harold Koh, the State Department lawyer, emailed of Khadr's transfer: "Gtmo is 1 down!! Yayy!" To a colleague who congratulated the team on its work, Koh replied: "Hooray! Thanks for the call to FM Baird!" Clinton emailed Koh,"Thank you for all you did to get this resolved." "So glad we got this done," said Koh. "After spending the last 10 years on GTMO, at least this young man finally has another chance."<ref name=CBCNews>{{cite news|title=Hillary Clinton email shows Canadian Foreign Affairs discontent with Stephen Harper|url=http://www.cbc.ca/news/politics/clinton-email-canada-foreign-affairs-1.3344920 |accessdate=December 1, 2015|newspaper=CBC News|date=December 1, 2015}}</ref> | |||
==Return to Canada== | |||
Khadr was transferred to Canadian custody on September 29, 2012, to serve the remainder of his sentence.<ref>{{cite news| authorlink = Michelle Shephard | last=Shephard|first=Michelle|title=Omar Khadr repatriated to Canada|url=http://www.thestar.com/news/article/1264337--omar-khadr-repatriated-to-canada|accessdate=September 29, 2012|newspaper=Toronto Star|date=September 29, 2012}}</ref> He was incarcerated at maximum-security prison ] near Bath, ], upon his arrival.<ref name=nbc299>{{cite news|title=Gitmo's youngest and last Western detainee returned to Canada|url=http://worldnews.nbcnews.com/_news/2012/09/29/14151587-gitmos-youngest-and-last-western-detainee-returned-to-canada |accessdate=29 September 2012|newspaper=NBC News|date=29 September 2012}}</ref> Under Canadian law, he was eligible for parole in mid-2013.<ref name=return>{{cite news|last=Mehler Paperny|first=Anna|title=Omar Khadr in Canadian prison after return from U.S. Guantanamo Bay base|url=http://www.theglobeandmail.com/news/national/omar-khadr-in-canadian-prison-after-return-from-us-guantanamo-bay-base/article4576945/|accessdate=September 29, 2012|newspaper=Globe and Mail|date=September 29, 2012|location=Toronto}}</ref> Due to his murder conviction, Khadr was classified as a prisoner to be held in ].<ref name=CanadianPress2013-03-14> | |||
{{cite news | |||
| url = https://news.yahoo.com/ottawas-denial-media-access-jailed-omar-khadr-branded-195924098.html | |||
| title = Ottawa's denial of media access to jailed Omar Khadr branded 'propaganda' | |||
| work = ] | |||
| publisher = ] | |||
| author = Colin Perkel | |||
| date = 2013-03-14 | |||
| quote = The government's refusal to allow the media access to former Guantanamo Bay detainee Omar Khadr is aimed at protecting its portrayal of him as a dangerous terrorist, his lawyer says. | |||
}} | |||
</ref> This delayed his application for parole, as such prisoners were unlikely to be given parole.<ref name=CanadianPress2013-03-14/> | |||
On March 14, 2013, Colin Perkel of ] reported that Corrections Canada was continuing to refuse to let journalists interview Khadr.<ref name=CanadianPress2013-03-14/> Officials justified the refusal by asserting an interview could interfere with Khadr's treatment plan, could pose a security risk, or could be disruptive.<ref name=CanadianPress2013-03-14/> | |||
On August 13, 2013, Khadr's lawyers, ] and ] filed a brief arguing that under Canada's ], it was not legal to hold Khadr in an adult institution, because the eight-year sentence he received from the U.S. military commission could only be interpreted as a youth sentence and he should be detained in a provincial jail rather than a federal prison.<ref name=Cbc2013-08-13> | |||
{{cite news | |||
| url = http://www.cbc.ca/news/politics/story/2013/08/13/edmonton-omar-khadr-detention-illegal.html | |||
| title = Omar Khadr held illegally in federal prison, lawyer argues: 8-year sentence called unlawful | |||
| publisher = ] | |||
| date = 2013-08-13 | |||
| archivedate = 2013-08-13 | |||
| archiveurl = http://www.webcitation.org/query?url=http%3A%2F%2Fwww.cbc.ca%2Fnews%2Fpolitics%2Fstory%2F2013%2F08%2F13%2Fedmonton-omar-khadr-detention-illegal.html&date=2013-08-13 | |||
| deadurl = No | |||
| quote = Edney argues that the International Transfer of Offenders Act states that as a youth, Khadr can only be held in a provincial facility, not the Edmonton Institution, the federal prison he was moved to earlier this year. | |||
}} | |||
</ref> ] ] said, "Omar Khadr pleaded guilty to very serious crimes, including the murder of American army medic Sgt. Christopher Speer. The government of Canada will vigorously defend against any attempted court action to lessen his punishment for these crimes."<ref name=CBC2013-08-13> | |||
{{cite news | |||
| url = http://www.cbc.ca/news/canada/edmonton/omar-khadr-held-illegally-in-federal-prison-lawyer-argues-1.1347510 | |||
| title = Omar Khadr held illegally in federal prison, lawyer argues | |||
| publisher = ] | |||
| date = 2013-08-13 | |||
| accessdate = 2015-05-07 | |||
| archivedate = 2013-12-03 | |||
| archiveurl = https://web.archive.org/web/20131203065816/http://www.cbc.ca/news/canada/edmonton/omar-khadr-held-illegally-in-federal-prison-lawyer-argues-1.1347510 | |||
| deadurl = No | |||
| quote = Omar Khadr pleaded guilty to very serious crimes, including the murder of American army medic Sgt. Christopher Speer. The government of Canada will vigorously defend against any attempted court action to lessen his punishment for these crimes. | |||
}} | |||
</ref> On December 13, 2013, the '']'' reported that Kelly Hartle, the warden at the Edmonton maximum security facility had reclassified Khadr as a medium-security prisoner.<ref name=NationalPost2013-12-13> | |||
{{cite news | |||
| url = http://www.edmontonjournal.com/Khadr+reclassified+likely+transferred+Bowden/9285742/story.html | |||
| title = Khadr reclassified, likely to be transferred to Bowden | |||
| publisher = ] | |||
| author = Sheil Pratt | |||
| date = 2013-12-13 | |||
| page = | |||
| location = | |||
| isbn = | |||
| accessdate = 2013-12-13 | |||
| archivedate = 2013-12-14 | |||
| archiveurl = https://web.archive.org/web/20131214203833/http://www.edmontonjournal.com/Khadr+reclassified+likely+transferred+Bowden/9285742/story.html | |||
| deadurl = No | |||
| quote = Edmonton lawyer Dennis Edney, who has represented Khadr for ten years, said the decision by the warden Kelly Hartle at the Edmonton penitentiary to reclassify Khadr from maximum designation reflects a "plethora of evidence" from U.S. authorities and Canada's prison ombudsman that Khadr never was a maximum-security threat. | |||
}} | |||
</ref> On February 11, 2014, ''The Canadian Press'' reported Khadr had been transferred to a ] facility.<ref name=GlobalPost2014-02-11> | |||
{{cite news | |||
| url = http://www.globalpost.com/dispatch/news/the-canadian-press/140211/former-guantanamo-inmate-omar-khadr-transferred-medium-secur | |||
| title = Former Guantanamo inmate Omar Khadr transferred to medium security in Alberta | |||
| publisher = ] | |||
| author = | |||
| date = 2014-02-11 | |||
| page = | |||
| location = | |||
| isbn = | |||
| trans_title = | |||
| archiveurl = https://web.archive.org/web/20140212193935/http://www.globalpost.com/dispatch/news/the-canadian-press/140211/former-guantanamo-inmate-omar-khadr-transferred-medium-secur | |||
| archivedate = 2014-02-12 | |||
| deadurl = No | |||
| quote = Bowden Institution is a medium-security prison with a minimum-security annex. | |||
}} | |||
</ref> On March 26, 2014, Colin Perkel of ] reported that Khadr had been temporarily transferred to a secure prison medical facility in Saskatchewan for shoulder surgery.<ref name=BramptonGuardian2014-03-26> | |||
{{cite news | |||
| url = http://www.bramptonguardian.com/news-story/4430550-omar-khadr-in-saskatchewan-after-surgery/ | |||
| title = Omar Khadr in Saskatchewan after surgery | |||
| publisher = ] | |||
| author = Colin Perkel | |||
| date = 2014-03-26 | |||
| page = | |||
| location = | |||
| isbn = | |||
| archiveurl = https://web.archive.org/web/20140326181657/http://www.bramptonguardian.com/news-story/4430550-omar-khadr-in-saskatchewan-after-surgery/ | |||
| archivedate = 2014-03-26 | |||
| deadurl = No | |||
| quote = Canadian detainee Omar Khadr is recuperating in a secure prison hospital in Saskatchewan following surgery on his shoulder, which was badly wounded in Afghanistan 12 years ago, The Canadian Press has learned. | |||
}} | |||
</ref> According to Khadr's lawyer ], Khadr's shoulder had been infected, internally, since he was wounded in July 2002. Guantanamo medical authorities had never properly treated his wounds. The surgery required scraping infected tissue from his shoulder bones, and required 24-hour care for four weeks, while he recovered.<ref> | |||
</ref> In April 2015, Colin Perkel of ] reported that Khadr had been reclassified as a minimum security prisoner.<ref name=GlobalNews2015-04-24> | |||
{{cite news | |||
| url = http://globalnews.ca/news/1959085/alberta-judge-grants-omar-khadr-bail-pending-appeal-in-u-s/ | |||
| title = Feds to appeal after Omar Khadr wins bail while he fights war-crimes conviction | |||
| publisher = ] | |||
| author = Colin Perkel | |||
| date = 2015-04-24 | |||
| page = | |||
| location = | |||
| isbn = | |||
| archiveurl = http://globalnews.ca/news/1959085/alberta-judge-grants-omar-khadr-bail-pending-appeal-in-u-s/ | |||
| archivedate = 2015-04-24 | |||
| deadurl = No | |||
| quote = The Canadian Press has learned he was reclassified as a minimum-security prisoner from medium in the last few days. | |||
}} | |||
</ref> | |||
==Keryluk memo== | |||
On March 18, 2013, the ''Toronto Star'' reported that a key memo drafted for Minister of Public Safety Toews by senior analyst ] had faulty information. It influenced Toews' decision in how Khadr would be treated as a prisoner.<ref name=TorStar2013-03-18> | |||
{{cite news | |||
| url = http://www.thestar.com/news/canada/2013/03/18/faulty_information_in_omar_khadrs_file_suggests_he_killed_two_afghans.html | |||
| title = Faulty information in Omar Khadr's file suggests he killed two Afghans, documents show | |||
| publisher = ] | |||
| author = Colin Perkel | |||
| date = 2013-03-18 | |||
| page = | |||
| accessdate = 2013-03-20 | |||
| archivedate = 2013-03-20 | |||
| archiveurl = http://www.webcitation.org/query?url=http%3A%2F%2Fwww.thestar.com%2Fnews%2Fcanada%2F2013%2F03%2F18%2Ffaulty_information_in_omar_khadrs_file_suggests_he_killed_two_afghans.html&date=2013-03-20 | |||
| deadurl = No | |||
| quote = Ottawa's file on Omar Khadr contains faulty information based on a memo prepared by a senior policy analyst for Public Safety Minister Vic Toews, internal documents obtained by ''The Canadian Press'' suggest. | |||
}} | |||
</ref><ref> | |||
{{cite news | |||
| url = http://www2.macleans.ca/2013/03/19/when-a-board-of-trade-recommended-higher-taxes-during-budget-season/ | |||
| title = Omar Khadr | |||
| publisher = ] | |||
| date = 2013-03-18 | |||
| archivedate = 2013-03-20 | |||
| archiveurl = http://www.webcitation.org/query?url=http%3A%2F%2Fwww2.macleans.ca%2F2013%2F03%2F19%2Fwhen-a-board-of-trade-recommended-higher-taxes-during-budget-season%2F&date=2013-03-20 | |||
| deadurl = No | |||
| quote = A 2011 memo prepared by a senior policy analyst to Public Safety Minister Vic Toews contains allegations about Omar Khadr's crimes not proven in any court. | |||
}} | |||
</ref> The memo was drafted in October 2011, the year before Khadr was repatriated. According to the ''Toronto Star,'' the memo to Toews contained allegations that went beyond charges filed by US prosecutors against Khadr and those admitted in Khadr's confession, claiming that he had killed two members of the Afghan militia force and thrown grenades wounding more.<ref name=TorStar2013-03-18/> Khadr had confessed to conspiracy in the firefight, but prosecutors charged him with throwing only the grenade that killed Sgt. ]. Other parts of the memo claimed that Khadr "conspired with" ] and ].<ref name=TorStar2013-03-18/> Khadr's lawyer, ], said: "There is no evidence whatsoever to support these false allegations."<ref name=TorStar2013-03-18/> | |||
==Release== | |||
On May 7, 2015, Khadr was freed on bail with strict conditions, including living with and under supervision of his lawyer Edney.<ref>, ''The Star''</ref> Following his release, in the first public interview Khadr has been allowed by either US or Canadian governments, he begged the public to "give him a chance to prove himself",{{attribution needed|date=July 2017}} saying he is not the man the authorities have portrayed.<ref>, ''Ottawa Sun'', 7 May 2015</ref> On May 8, 2015, Canada's Prime Minister Stephen Harper said he was unapologetic about his government's efforts to keep Omar Khadr imprisoned.<ref>, ''The Globe and Mail'', 8 May 2015</ref> | |||
In September 2015 some of his bail restrictions were lifted so that he no longer has to wear an electronic monitoring bracelet and will be allowed to visit his grandparents in Toronto and speak to them in a language other than English. | |||
Justice June Ross of the ] also ordered the removal of monitoring software on the laptop computer Khadr uses for school. The software was interfering with the operations of the computer and Alberta Justice had been unable to help resolve the problems. | |||
When Khadr travels to Toronto, he must travel with his lawyer and meet with authorities there.<ref>{{cite web|title=Omar Khadr can remove electronic bracelet, visit family in Toronto|url=http://www.cbc.ca/news/canada/edmonton/omar-khadr-bail-conditions-1.3233591|website=CBC}}</ref> | |||
On October 1, 2015, he flew to Toronto with his lawyer to visit his grandparents. The trip dispelled questions as to whether he was able to board a commercial aircraft in Canada because of the potential that he was on a no-fly-list.<ref>{{cite web|title=Omar Khadr flies to Toronto to visit grandparents|url=http://www.cbc.ca/news/canada/toronto/omar-khadr-flies-to-toronto-to-visit-grandparents-1.3252301|website=Canadian Broadcasting Corporation}}</ref> | |||
On February 18, 2016, the newly elected Liberal federal government dropped the appeal started by the previous Conservative federal government that sought to revoke his bail.<ref>{{cite web|title=Omar Khadr to stay out on bail after federal government drops appeal|url=http://www.cbc.ca/news/politics/omar-khadr-bail-fight-1.3454278|website=Canadian Broadcasting Corporation}}</ref> | |||
Khadr is engaged to Muna Abougoush, an Edmonton-based human-rights advocate who helped launch an international campaign to free him and who corresponded with him while he was in prison.<ref name="Engagement">{{cite news | url=http://news.nationalpost.com/news/canada/omar-khadr-marrying-edmonton-human-rights-activist-who-helped-him-gain-his-freedom | title=Omar Khadr marrying Edmonton human-rights activist who helped him gain his freedom | work=] | date=April 18, 2016 | agency=] | accessdate=18 April 2016 | author=Ibrahim, Mariam}}</ref> | |||
==Representation in other media== | |||
A Canadian documentary, '']'' (2010), was made based on footage of interrogations of the young Khadr by Canadian intelligence while he was held at Guantanamo. It received numerous awards. | |||
==References== | |||
{{Reflist|2| | |||
30em| | |||
refs= | |||
<ref name=LATimes2007-06-23> | |||
{{cite news | |||
| url = http://articles.latimes.com/2007/jun/24/world/fg-justice24 | |||
| title = Guantanamo inmate stirs debate in Canada | |||
| page = a2 | |||
| author = Maggie Farley | |||
| publisher = ] | |||
| date = 2007-06-23 | |||
| archivedate = 2008-06-19 | |||
| archiveurl = https://web.archive.org/web/20080619105928/http://articles.latimes.com/2007/jun/24/world/fg-justice24 | |||
}} | |||
</ref> | |||
}} | |||
==Further reading== | |||
*Omar Khadr Oh Canada. 2012. McGill-Queen's University Press. {{ISBN|978-0773540224}}. | |||
*Guantanamo's Child. Wiley. 2008. {{ISBN|978-0470841174}}. | |||
==External links== | |||
{{Commons category|Omar Khadr}} | |||
{{wikinewshas|articles related to the detention and tribunals of Omar Khadr|*], January 22, 2006 | |||
*], September 20, 2007 | |||
*], February 4, 2008 | |||
*], July 15, 2008 | |||
*], February 11, 2009 | |||
}} | |||
* | |||
* | |||
* | |||
*] (CBA President)], ''Law is Cool Podcast #6'', October 22, 2007 | |||
* 280 pages '']'' | |||
*{{cite web | |||
| url=http://www.mayerbrownrowe.com/public_docs/probono_Khadr_merits_brief.pdf | |||
| title=Brief for Respondent Omar Khadr Supporting Petitioners | |||
|format=PDF}} | |||
*{{cite web | |||
| url=http://www.mayerbrownrowe.com/public_docs/probono_Boumediene_Juvenile_Law.pdf | |||
| title=Brief Of Juvenile Law Center as Amici Curiae in Support of Respondent Omar Khadr | |||
|format=PDF}} | |||
*Bellinger, John B. ], 2007 | |||
*{{cite news | |||
|url=http://www.salon.com/news/feature/2008/06/24/juveniles_at_gitmo/ | |||
|title=The war on teen terror | |||
|publisher=] | |||
|author=] | |||
|date=June 24, 2008 | |||
|accessdate=2008-06-24 | |||
|quote= | |||
|deadurl=bot: unknown | |||
|archiveurl=http://www.webcitation.org/5YolxCgZH?url=http://www.salon.com/news/feature/2008/06/24/juveniles_at_gitmo/ | |||
|archivedate=2008-06-24 | |||
|df= | |||
}} | |||
* | |||
*{{cite news | |||
|url=http://www.gulf-daily-news.com/Story.asp?Article=223314&Sn=BNEW&IssueID=31119 | |||
|title=Bay inmate 'has links to Bahrain' | |||
|publisher=] | |||
|date=2008-07-16 | |||
|accessdate=2008-07-16 | |||
|quote=Omar Khadr was questioned by Canadian interrogators about his mother's relationship with a member of a large Bahrain family, according to Canadian newspaper The Globe and Mail. | |||
}}{{dead link|date=November 2016 |bot=InternetArchiveBot |fix-attempted=yes }} | |||
*, {{dead link | date=December 2012}} links to official and legal documents surrounding the case | |||
*, advocacy and resource site maintained by law students | |||
*{{cite news|url=http://canadianpress.google.com/article/ALeqM5jXHSd3hMwaYHiGleEuzD9KMHrEig |title=Legal options for trying Khadr in Canada fraught with difficulty: legal experts |publisher=] |date=2008-07-21 |accessdate=2008-07-21 |quote=Omar Khadr would likely never face conviction in Canada even if there was a way to charge him with an offence under Canadian law, legal experts who advocate his repatriation acknowledge. |deadurl=bot: unknown |archiveurl=https://web.archive.org/web/20080724214040/http://canadianpress.google.com/article/ALeqM5jXHSd3hMwaYHiGleEuzD9KMHrEig |archivedate=July 24, 2008 |df= }} | |||
*{{cite news|url=http://www.liberal.ca/story_14217_e.aspx |title=Khadr must be repatriated to face Canadian justice |publisher=] |author= |date=2008-07-30 |accessdate=2008-07-31 |quote= |deadurl=bot: unknown |archiveurl=https://web.archive.org/web/20080930233731/http://www.liberal.ca/story_14217_e.aspx |archivedate=September 30, 2008 |df= }} | |||
* {{cite news | |||
|url=http://www.canada.com/saskatoonstarphoenix/news/story.html?id=fcd18705-81db-466c-9c1e-96d18daa0c41 | |||
|title=Prosecutor admits 'child' Khadr deserved special consideration | |||
|publisher=] | |||
|author=Steven Edwards | |||
|date=2008-09-11 | |||
|accessdate=2008-09-20 | |||
|quote= | |||
|deadurl=bot: unknown | |||
|archiveurl=http://www.webcitation.org/5ayo8vW43?url=http://www.canada.com/saskatoonstarphoenix/news/story.html?id=fcd18705-81db-466c-9c1e-96d18daa0c41 | |||
|archivedate=2008-09-20 | |||
|df= | |||
}} | |||
* ] May 6, 2010 | |||
* | |||
* | |||
*Human Rights First; | |||
*,{{verification needed|date=December 2012}} Omar Khadr, 13 October 2010 | |||
* {{verification needed|date=December 2012}} McGill University lecture, Winter 2011 | |||
* {{cite news | |||
| url = http://gulfnews.com/opinions/columnists/when-rule-of-law-is-subservient-to-rule-of-man-1.1198920 | |||
| title = When rule of law is subservient to rule of man | |||
| publisher = ] | |||
| author = Adel Sefty | |||
| date = 2013-06-18 | |||
| accessdate = 2013-06-23 | |||
| archivedate=2013-06-19 | |||
| archiveurl = https://web.archive.org/web/20130619061238/http://gulfnews.com/opinions/columnists/when-rule-of-law-is-subservient-to-rule-of-man-1.1198920 | |||
| deadurl = No | |||
| quote = Canadian officials insisted during the decade that Khadr spent in the infamous detention centre at Guantanamo, that he was given due process by his US military captors. In fact, there is almost unanimity among civil liberties associations and human rights organisations that Khadr's human rights have been systematically and flagrantly violated. | |||
}} | |||
* | |||
{{GitmoCharges}} | |||
{{CanadianWarCrimes}} | |||
{{Afghanistan War}} | |||
{{Canada in Afghanistan}} | |||
{{WoTPrisoners}} | |||
{{Authority control}} | |||
{{DEFAULTSORT:Khadr, Omar}} | |||
] | |||
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] | |||
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Revision as of 01:17, 6 July 2017
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