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Two statements in 5 years from Canadian Government officials, not exactly a cause any official is taking seriously.

Transfer Khadr to Canada, Amnesty International urges
Last Updated Friday, June 15, 2007 | 9.58 AM ET
CBC News

Canada stands almost alone as a country that has "abandoned" its citizens in the U.S. military's Guantanamo Bay prison, Amnesty International charged Thursday, presenting an open letter demanding Ottawa act to repatriate Omar Khadr.

The letter to Prime Minister Stephen Harper — signed by 111 legal academics and endorsed by 25 prominent Canadian politicians current and former — accuses the Canadian government of remaining silent on human rights violations of prisoners at the U.S. naval prison in Cuba.

The letter says Canada should "follow the precedent of other U.S. allies and insist on the repatriation of Khadr," who is the only Canadian being held at Guantanamo Bay.

Khadr, who was born in Canada to foreign-born parents and whose family lives in the Toronto area, has been in U.S. custody since he was arrested at age 15 in 2002. He was accused of throwing a grenade that killed an American medic in Afghanistan.

"His case now almost stands alone in terms of individuals who have been abandoned by their governments," Alex Neve, the secretary general of the Canadian arm of Amnesty International, said at a news conference in Ottawa, after releasing the letter.
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Neve asked why Ottawa seemed "so reluctant" to protect its citizens when countries such as Australia were able to pressure Washington to transfer their detained citizens home.

Among the names listed on the open letter to Harper were former prime minister Joe Clark and former foreign affairs ministers Bill Graham and Lloyd Axworthy.

"Governments throughout Europe, the Australian government in the case of David Hicks [an Australian citizen repatriated in May], have all intervened forcefully and, generally, successfully," Neve said.

"British nationals have been returned to Britain, David Hicks recently returned to Australia … but even though everyone seems to get it, Canada still remains silent."

Last week, a U.S. military commission dropped all charges against Khadr, ruling that the courts did not have jurisdiction to try him as an "unlawful enemy combatant" since he was only classified as an "enemy combatant."

However, Khadr remains in detention in Cuba without charge while Washington considers the next step, which could involve an appeals process.

In the letter, Amnesty International said Canada's justice system — not a process "devised by the United States" — should try Khadr for his alleged crimes, "bearing in mind his age at the time the alleged acts occurred." Khadr was a minor when he was arrested on the battlefield.

The human-rights group said Canada should speak out against the U.S. military commissions process, which it dismissed as "invented on an ad hoc basis" without any bearing on international law.

At the press conference, Ottawa University law professor Craig Forcese said the dismissal of the case was "the final straw" and proved the commissions have been a failure.

Forcese said Canada must now "exercise diplomatic duty and bring [Khadr] back where he can serve a fair trial."
Repatriation 'premature' Emerson says

During Thursday's question period, Minister of International Trade David Emerson said repatriation for Khadr was "premature."

NDP justice critic Joe Comartin raised the issue of Khadr's detention, blasting Canada's actions so far.

"Not once has this government, has Canada, protested the use of military commissions nor done anything to get him home. If the British, Australian, French and Germans can get protection from the government, why won't the Conservatives do something for a Canadian in need at this time?"

Emerson said the Conservatives have been looking out for Khadr's well-being, through a discussion between Foreign Affairs Minister Peter MacKay and U.S. Secretary of State Condoleezza Rice. This discussion included requests for Khadr to have better access to his family, legal counsel and educational materials.

As well, foreign affairs officials have carried out welfare visits, and will continue to do so.

But on the issue of repatriation, Emerson said, "I think the House knows the allegations against Mr. Khadr are very serious and the question of accepting a repatriation of Mr. Khadr is premature, and it's speculative at this time."

The letter to Prime Minister Stephen Harper — signed by 111 legal academics and endorsed by 25 prominent Canadian politicians current and former — accuses the Canadian government of remaining silent on human rights violations of prisoners at the U.S. naval prison in Cuba.

wow .. 136 people ...

If it were 136 "joe average nice guys" your sarcasm might have a point but that isn't the case. As it is the comment is... well, profound isn't one of the words that comes to mind.

136 Cabinet Ministers, Prime Minister and legal scholars tend to constitute significant expert opinion. Odds are that their opinion carries a bit more weight than average.

136 Cabinet Ministers, Prime Minister and legal scholars tend to constitute significant expert opinion.

Canada will not suffer because of Khadars fate...he's forgotten just as that Asian
Canadian dude was years ago when Canada dispatched him to Washinton to be
executed for torturing women.

we relented and knowingly sent him to his death.

And please, don't spin this to make it sound like this kid was an Afghan national
protecting his country. He was a punk that was pirating the country he was visiting.

Those who go out of their way to soil our image abroad, like in the Arar case, will face severe consequences.

Canadian dude was years ago when Canada dispatched him to Washinton to be
executed for torturing women. America said: if you want that sick puppy so badly
you can keep him...we relented and knowingly sent him to his death.

If this is an example of how our image abroad has been soiled then you might want to rethink your position. Arar has been completely cleared of wrong-doing by two of the three countries involved, Canada and Syria.

U.S. hid witness who could help Khadr: defence lawyer
Judge postpones pre-trial hearing before ruling on 21-year-old's status
Last Updated: Thursday, November 8, 2007 | 6:21 PM ET
CBC News

The U.S. government has withheld information about a witness who could help clear Canadian Omar Khadr as an "unlawful enemy combatant," Khadr's military defence lawyer at Guantanamo Bay said Thursday.

"It's an eyewitness the government has always known about," Lt.-Cmdr. Bill Kuebler told reporters. "This is something that was buried because nobody ever looked."

Kuebler's comments came after a pre-trial hearing was adjourned at the U.S. naval base in Cuba, where the 21-year-old Khadr has been held for the past five years following his capture by American forces in Afghanistan.

Khadr — who is the only Canadian held at Guantanamo prison and was 15 at the time of his capture in 2002 — is accused of murder in the death of U.S. medic Sgt. First Class Christopher J. Speer in Afghanistan. He is also charged with spying, conspiracy and supporting terrorism.

Kuebler said U.S. officials never bothered to speak to the witness and the prosecution didn't find out about him until recently.

"The significant fact is that the government made us aware of this at the last minute and wanted to go forward with this thing today … notwithstanding being told repeatedly by the military judge that it was not proper," Kuebler told reporters at the base.

"It shows how anxious they are to get this validated and get it moving."

Earlier Thursday, U.S. Col. Peter Brownback, the military judge presiding over the commission, recessed the hearing without ruling whether Khadr would be subject to a military tribunal.

Brownback postponed a decision to name Khadr as an "unlawful enemy combatant" — a designation required in order to move ahead with the military tribunal, according to legislation passed by Congress and signed into law by President George W. Bush in 2006.

In June, the judge dismissed the charges against Khadr because of a technicality, as prosecutors had labelled him as an "enemy combatant," omitting the word "unlawful." Brownback had said the court therefore had no jurisdiction in the case.

In September, a three-panel military appeals court ruled that Brownback's decision was an error and reinstated the terrorism charges.

Khadr co-operative, answers judge's questions

Khadr, whose family lives in the Toronto area, entered the court in the morning dressed in white prison garb. The colour is an indication of a detainee's "highly compliant" status, the CBC's Alison Smith reported from Guantanamo.

The judge scheduled sessions on Dec. 7 and Jan. 11 for lawyers to present motions.

Khadr, whose late father was an associate of al-Qaeda leader Osama bin Laden, is the last prisoner from a Western country at Guantanamo.

During the morning's proceedings, Khadr appeared co-operative with court authorities and told the presiding judge that he accepted Kuebler as his main defence counsel.

Khadr and his legal team were asked if they wanted to enter a plea immediately, but deferred it to a later date.

The trial is taking place without one of Khadr's Canadian lawyers present. Dennis Edney told CBC News on Thursday that the U.S. defence lawyer, Kuebler, barred him from the proceedings because of his criticism of the process, as well as Kuebler's own preparedness and qualifications.

The defence has not interviewed a single prosecution witness, Edney said, while the prosecution has been preparing for the trial for the past two years.

"We have said the military defence lawyers are not ready for trial," Edney said from Edmonton. "We put that in writing to them time and time again.

"My guess? They don't like to be criticized."

The Bush administration created the tribunals following the 2002 invasion of Afghanistan, arguing that neither military courts martial nor U.S. civilian courts were appropriate for trying the Guantanamo detainees because much of the evidence would involve sensitive issues of national security.

In 2006, the U.S. Supreme Court declared the Guantanamo court system illegal, but Washington quickly established a new military tribunal system.

The top court is now hearing a fresh legal challenge to the new tribunal system after a group of prisoners argued they should have the right to go before a U.S. federal court to appeal their indefinite incarceration.

With files from the Canadian Press
Copyright © CBC 2007

The letter to Prime Minister Stephen Harper — signed by 111 legal academics and endorsed by 25 prominent Canadian politicians

The dude was caught in Afganistan, is not Canadian born.

If he is brought to Canada should stand trial for treason.

that if they leave the country for 12 months their citizenship is revoked unless a permit is granted.

clearly the young khadr was fighting for the Taliban, the existing government of Afghanistan at that time and, as such he should be a prisoner of war.

New witness account shows Khadr charges should be dropped: lawyers
Last Updated: Tuesday, February 5, 2008 | 6:57 AM ET
CBC News

Lawyers for Omar Khadr called on U.S. authorities Monday to dismiss a murder charge against the Canadian, saying a newly revealed eyewitness account that had been covered up by the Pentagon casts doubt on the official version of events.

Khadr, now 21, is charged with hurling a grenade that killed American Sgt. Christopher Speer during a firefight in Afghanistan in 2002. He's been in custody at a U.S. military prison in Guantanamo Bay, Cuba, since then.

According to the original U.S. military version of events, Khadr ambushed American soldiers with a grenade following a four-hour fight at a mud compound in Afghanistan.

Pentagon officials later backtracked slightly after it was revealed nobody witnessed Khadr throw the grenade. Pentagon officials said an eyewitness wasn't needed, because Khadr was the only al-Qaeda fighter left alive and the only person who could have thrown the grenade.

However, a classified document, inadvertently released to reporters at the military prison by a Pentagon official Monday, provides a different eyewitness account of the events.

A U.S. soldier at the battle said in sworn testimony that two al-Qaeda fighters were alive after the fatal grenade attack.

The unidentified soldier says he killed the first al-Qaeda fighter before spotting Khadr, whom he said was wounded, on his knees and facing away from him. For reasons he does not go into, he says he shot him in the back twice.

The Pentagon says American soldiers fired on Khadr in self-defence after he tried to attack them.

Khadr's military lawyer Lt.-Cmdr. Bill Kuebler suggests that the U.S. military may have been involved in a coverup.

"The U.S. government had a problem on its hands when it found that it had a 15-year-old Canadian on its hands with two gaping bullet holes in his back that had been facing away from the fight," said Kuebler.

Kuebler hopes the eyewitness account introduces enough reasonable doubt that Judge Peter Brownback will have to dismiss the murder charge against Khadr.

The lawyers argue that Khadr's alleged offences occurred in a combat setting, and therefore should not be considered war crimes committed by an irregular "enemy combatant."

They're asking a military judge to drop the charges, since Khadr was only 15 when he was captured.

If convicted, Khadr faces a maximum sentence of life in prison.

With files from the Canadian Press
Copyright © CBC 2008

Trio of opposition MPs press for Khadr's return
Last Updated: Monday, February 25, 2008 | 2:38 PM ET
CBC News

Opposition MPs say they have not done enough to protect the rights of Canadian terror suspect Omar Khadr and urged Ottawa on Monday to press Washington to return the 21-year-old to Canada.

The NDP's Joe Comartin, Liberal Dominic LeBlanc and Vivian Barbot of the Bloc Québécois held a news conference in Ottawa along with Khadr's U.S. military lawyer, Lt.-Cmdr. Bill Kuebler.

Khadr was captured in Afghanistan in 2002 and was charged with killing a U.S. army sergeant with a grenade during a firefight. He has been held ever since at the U.S. military base on Guantanamo Bay, Cuba.

"We did not play our proper role in protecting Mr. Khadr's rights. We are not going to remain silent any longer," said Comartin. "We have not done our job up to this point. We are going to do it in the future."

MPs will press for a full emergency debate in the House of Commons, said Comartin, who said they also plan to establish a Foreign Affairs subcommittee that will turn its attention to Khadr's case.

He added that it depends on whether there will be a federal election in the next few months.

Comartin said recent developments in the case have caused MPs to press for Khadr's release.

Justice denied to Khadr: Liberal MP

Last month, U.S. military documents that contradict Pentagon claims were inadvertantly released to reporters at Guantanamo. A statement from a U.S. solider at the 2002 firefight said Khadr was not alone when the deadly grenade was thrown, suggesting another al-Qaeda fighter may be responsible for the American soldier's death.

LeBlanc acknowledged the Khadr family has been linked to terror, but said the test of the rule of law is that it is applied equally, even in cases that aren't easy.

"One cannot be complicit in the violations of the rule of law. Omar Khadr is a child victim and should now be afforded the justice denied him all these years no matter how difficult and unpopular this may be," said LeBlanc.

Kuebler, who has repeatedly dismissed the military tribunals as illegal and unfair, said Khadr is clearly a child soldier and, under international obligations, should be released and helped to reintegrate into society. The U.S. and Ottawa are signatories to a United Nations protocol that states fighters under age 18 are to be considered as child soldiers.

"Omar Khadr … should be regarded as a victim of al-Qaeda, not a member or combatant fighting on behalf of al-Qaeda if the [U.S.] government's allegations against him are true," he said.

Khadr singled out, says lawyer

Kuebler said Guantanamo officials released a 14-year-old Afghani boy who shot and killed an American soldier in Afghanistan in 2002, but have continued to hold Khadr.

Kuebler said Khadr has been singled out because American officials believe he may have "intelligence value," due to his father, Ahmed Said Khadr, having been a close associate of al-Qaeda leader Osama bin Laden.

Kuebler said Khadr has been threatened with rendition to places where he would be raped. He also said he believes allegations Khadr has been beaten, has had dogs turned on him and is nearly blind. Earlier reports said Khadr is blind in one eye, with deteriorating health in his other eye.

"If anything is to happen for Omar Khadr, it's because the Canadian government acts in his interest and acts to protect his rights," said Kuebler.

The U.S. began shipping prisoners to Guantanamo Bay in the aftermath of the Sept. 11, 2001, hijackings, turning the naval base into a highly secure prison camp.

The heavily criticized military tribunal system has yet to complete a trial.

Original rules allowed the military to exclude the defendant from his own trial, permitted statements made under torture, and forbade appeal to an independent court; but the U.S. Supreme Court struck down the system in 2006 and a revised plan has included some additional rights.

Close Guantanamo, lawyers urge

Also Monday, the Canadian Bar Association, along with close to three dozen bar associations from around the world, called on U.S. President George W. Bush to shut the Guantanamo prison down.

The open letter cites the case of Khadr as an example of the "profound disrespect for the rule of law" shown at Guantanamo and calls for his return to Canada.

"It is the duty of Canada to request his repatriation, and it is incumbent on the United States to transfer him to the custody of the Canadian authorities," reads the letter.

Guantanamo detainees must receive fair trials and if found guilty, should be punished accordingly, says the letter.

"We must not tolerate — nor permit our respective governments to tolerate — the continuing denial of the principles underlying the rule of law. We have recently seen the results in Pakistan of continuing further down this road," said CBA president Bernard Amyot.

U.S. 'manufactured story' on 2002 Afghan gunbattle: Khadr's lawyer
Last Updated: Thursday, March 13, 2008 | 3:47 PM ET
CBC News

A military commander "retroactively altered" a report of a gunbattle in Afghanistan in 2002 to redirect blame for a U.S. soldier's death to Omar Khadr, Khadr's defence lawyer alleged Thursday.

Lt. Cmdr. William Kuebler made the allegation during a pretrial hearing Thursday for the 21-year-old Canadian citizen at the U.S. naval base in Guantanamo Bay, Cuba.

Khadr, who has been held at the Guantanamo Bay facility since his 2002 capture during a battle in Afghanistan, is accused of murder in the death of American medic Sgt. First Class Christopher J. Speer.

Khadr is also charged with spying, conspiracy and supporting terrorism.

Kuebler alleged that in August 2002, one day after the gunbattle involving Khadr, a U.S. on-site commander identified only as "Colonel W" wrote a report on the attack.

In the report, the commander said a U.S. soldier killed a man identified as the suspect in the slaying of Speer, said Kuebler.

However, the report was revised months later, under the same date, to say a U.S. fighter had only "engaged" the assailant, according to Kuebler, who said the later version was presented to him by prosecutors as an "updated" document.

"What we have is, as I said at the outset, is this manufactured story about Omar's participation in the event, or this myth about Omar's participation in the event, which appears to have been manufactured at some point during his detention," Kuebler said.

"And then you have government records, official government records, being retroactively altered to be consistent with that manufactured story."

Prosecutors, who did not contest Kuebler's account in court, did not immediately respond to a request for comment.

Defence seeks interrogators' names

A U.S. military judge also could decide by Friday whether lawyers for Khadr will be given the names of interrogators who questioned him in Afghanistan, along with other evidence pertaining to his case.

Khadr's legal team is seeking the identities of the interrogators in its attempt to prove the the military tribunal that Khadr was forced into making incriminating statements through torture.

His lawyers have asked for at least 14 items from the Pentagon and U.S. State Department, including the names of his former interrogators.

During questioning at a U.S.-run detention centre at the Bagram air base north of Kabul after his capture, Khadr was quoted as saying he wanted to kill a lot of American soldiers. According to the statement, Khadr said the Taliban were offering a $1,500 bounty for each U.S. soldier.

Court documents later revealed interrogators at the air base used attack dogs and hung prisoners by their wrists.

Khadr's lawyers want the chance to cross-examine the interrogators during the military tribunal. If it is proven Khadr's statement was extracted by torture, his lawyers argue it should be wiped from the record.

They are also asking to see the names of witnesses who were at the Afghan battle in 2002.

Among the evidence they have requested is a report written by a field commander at the battle. The report initially said the fighter who threw the grenade at Speer died that day. Two months later, a line in the report was changed to say the person who killed Speer was alive.

Trial delay likely if request granted

Khadr's U.S. military lawyer, Lt.-Cmdr. Bill Kuebler, alleges the government is manufacturing evidence against Khadr.

His trial, due to start on May 5, would likely be delayed until the summer if the judge grants Khadr's lawyers' request.

Khadr's lawyers also argue their client should be freed because trying him for crimes he allegedly committed as a minor contravenes international law. He was 15 when he was captured.

The U.S. and Canada are signatories to a United Nations protocol that states fighters under age 18 are to be considered as child soldiers. Under those international obligations, child fighters must be released and helped to reintegrate into society.

Kuebler alleges Khadr has been threatened with rendition to places where he would be raped. Kuebler also said he believes allegations Khadr has been beaten, has had dogs turned on him and is nearly blind. Earlier reports said Khadr is blind in one eye, with deteriorating sight in his other eye.

Last month, a trio of opposition MPs called for Ottawa to intervene in the case.

About 275 men are being held at the military base on suspicion they are linked to al-Qaeda or the Taliban. Thirteen of the prisoners have been charged.

The heavily criticized military tribunal system has yet to complete a trial.

Original rules allowed the military to exclude the defendant from his own trial, permitted statements made under torture and forbade appeal to an independent court, but the U.S. Supreme Court struck down the system in 2006 and a revised procedure has included some additional rights.

With files from the Associated Press
Copyright © CBC 2008

Canada's top court agrees to hear Khadr's unfair treatment claim
Ottawa tried to block defence from presenting fresh evidence
Last Updated: Thursday, March 20, 2008 | 3:00 PM ET
CBC News

The Supreme Court of Canada will hear arguments from Omar Khadr's lawyers about the legality of his detention and upcoming military trial at a U.S. naval base in Guantanamo Bay, Cuba.

In a ruling released Friday, the court dealt a blow to government lawyers and allowed Khadr's legal team to present fresh evidence it says demonstrates U.S. authorities are violating international law in their treatment of Khadr.
Khadr was captured in Afghanistan in 2002 when he was 15 and has since been held at the U.S. military base at Guantanamo Bay, Cuba.

He is facing numerous charges, including murder, in connection with the killing a U.S. army sergeant with a grenade during a firefight between U.S. forces and Taliban fighters, in which the Toronto-born teenager was also seriously wounded.

The top court will be forced to examine whether the involvement and behaviour of Canadian officials were in conflict with Canadian domestic law, as well as Canada's obligations to international law and treaties, said Dennis Edney, Khadr's Canadian lawyer.

"We're gratified that the Supreme Court has decided that a full complete record is before it in order to make a fair determination," Edney told CBCNews.ca in an interview Thursday from Edmonton.

Case goes before court next week

The court case stems from an earlier federal court decision that ordered the Canadian government to release documents to Khadr's lawyers for use in his defence against the murder charge. Ottawa appealed the ruling and arguments will be heard in the top court on March 26.

But his lawyers also want to use the hearing to highlight the broader point that the Americans' handling of the case doesn't meet international standards of fairness.

"By being allowed to introduce fresh evidence, we will be showing that we have to talk about Guantanamo Bay," Edney said.

The federal Justice Department also filed a motion trying to quash that argument, saying a Canadian court is the wrong place to examine U.S. actions.

Among the issues expected to be raised before the court are Khadr's age at the time of his capture and the contradictory evidence emerging from U.S. authorities in recent weeks from his pre-trial hearing at Guantanamo.
Khadr deserves child soldier status: U.S. military lawyer

Khadr's U.S. military defence lawyer has repeatedly dismissed the military tribunals as illegal and unfair, and has also questioned whether Canada has done enough to advocate on Khadr's behalf to their American counterparts.

Lt.-Cmdr. Bill Kuebler has stated Khadr is clearly a child soldier and, under international obligations, should be released and helped to reintegrate into society.

The United States and Canada are signatories to a United Nations protocol that states fighters under age 18 are to be considered child soldiers.

In an affidavit released Tuesday, Khadr alleges U.S. military interrogators in Afghanistan threatened him with rape and treated him harshly, forcing him to make false and self-incriminating statements.

He also claims Canadian diplomats and intelligence officers who questioned him at Guantanamo refused to help, accused him of lying, and passed information from their interviews to U.S. officials.

Meanwhile, documents released by the Pentagon on Thursday include an account of the 2002 gun battle by a U.S. army officer who admits he nearly ordered Khadr's execution. The officer also confirms an earlier account that Khadr was not the only Taliban fighter alive when the grenade was thrown.

With files from the Canadian Press