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 mungojoe
Joined: 11/15/2006
Msg: 53
Dual nationalty ?Page 4 of 5    (1, 2, 3, 4, 5)

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.
 mungojoe
Joined: 11/15/2006
Msg: 54
Dual nationalty ?
Posted: 6/16/2007 5:53:24 PM

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.

You're going to compare Khadr to Ng? Wow... the "common sense" and "logic" of that is overwhelming.

Why not Manson or Bundy? Might as well throw all the psychotics in while your at it.

I never knew that throwing a handgrenade during a war was equivalent to being a serial killer. Even Ng wasn't held and tortured for years without charges and still got a proper criminal trial (actually it seems that serial killers actually get treated a lot better. Good thing to know, if I ever want to kill someone I'll know its better to brutally murder 25 than kill one in combat).

we relented and knowingly sent him to his death.

There was no relenting in it. The gov't approved the extradition request and the Supreme Court denied their defence of the extradition based on the Charter. BTW, he ain't dead yet.
 mungojoe
Joined: 11/15/2006
Msg: 55
Dual nationalty ?
Posted: 6/16/2007 9:15:48 PM
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.

Huh?!?

Khadr was in Afghanistan for at least a year before the invasion. You know, when the Taliban (the ones whose side he was fighting on) was still the Afghan gov't. If he had shown up after the fact, oh, say in 2003 when the current insurgency began, you might have a point.

That, however, is not the case. In the summer of 2002 (when the event took place) the Taliban still had a significant presence in south-east Afghanistan using hit-run and evasion tactics trying to hold onto some control while trying to regroup.

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

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. The third, the US, continues to deny that they even had anything to do with Arar ending up in jail in Syria (despite his being sent there from the US). They are SO convinced of their innocence that they actually invoked the rarely-used “State Secrets Privilege” in order to avoid having to face the issue in court (here's a hint, when someone has to invoke a form of immunity to avoid court, it usually means they're guilty as sin and it can be proven).
 LoonyTunz
Joined: 8/11/2006
Msg: 56
view profile
History
Dual nationalty ?
Posted: 6/16/2007 10:41:57 PM

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 you check the facts mungojoes score actually goes up.
Charles Ng was NOT a Canadian sent to his death in America for actual crimes commited there. While Khadr IS a Canadian citizen who commited no crimes in the US yet is being held by them as many are on charges which will not stand up in a real court. Monkey boy Dubya is on record as trying to obtain permission to legal use torture and threats of death to detainees entire FAMILIES in order to obtain "confessions"...... Spanish Inquistions and medival witch-hunts anyone?

As joe pointed out above the Taliban (once an Afghani governement) did not cease to exist simply because foreign invaders pushed them out of the capital city. They still exist today..... And frankly if a different country invaded us right now and pushed OUR government out of power then installed their own puppet government do you really believe any resident here would view that as the "legitimate" government or cease fighting the invasion forces? I try to see it your way but I just can't see to get my head that far up my_____ oh nevermind. If you don't change minds you cannot hope to change the world.
 mungojoe
Joined: 11/15/2006
Msg: 57
Bully for Omar Khadr
Posted: 11/10/2007 4:42:01 PM
A very interesting update on this case

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

So, Khadr has been held since age 15 as a supposed without trial, without charge and now, finally facing some form of trial, it comes out that the US gov't has known of a witness who could clear Khadr all along but hid that fact from everyone else.

Instead they chose to keep him in Gulag Guantanamo for 5 years, taken his youth from him and apparently, without any cause other than BushCo's agenda of deceit.
 mungojoe
Joined: 11/15/2006
Msg: 58
Bully for Omar Khadr
Posted: 12/14/2007 3:14:17 PM
The dude was caught in Afganistan, is not Canadian born.

Actually he is, Toronto, 1986

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

At the time he went to Afghanistan the invasion hadn't happened yet nor had 9/11. He did not go exactly of his own accord, he was a child at the time, under the control of his parents, who took him to Afghanistan (or are you suggesting that it is a child's right to defy his parents). Further there is no evidence that he acted against Canadian soldiers when the invasion took place. Under those circumstances it would take quite the legal trick to make a compelling legal case for treason in Canada.

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

Wouldn't make one whit of difference to Khadr's case since he was born in Toronto.
 RocketMan_Len
Joined: 7/5/2006
Msg: 59
Dual nationalty ?
Posted: 12/14/2007 7:43:47 PM

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.


Alright, then... as a Prisoner of War, young Kadr can be held by the Americans until the end of hostilities, or such time as repatriation is negotiated.

As a citizen, *I* do not want him back in Canada - where he can spread his poison. So hold him at Guantanimo until his 'cause' is eradicated.
 mungojoe
Joined: 11/15/2006
Msg: 60
Bully for Omar Khadr
Posted: 2/5/2008 3:37:42 PM
And so the saga continues...

With the gov't case getting shakier with each passing revelation, with evidence of gov't duplicity, deceit and even cowardly action by US soldiers now

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

Of course the gov't will never acknowledge the fatal flaws of their case as this is the "flagship" case for the military tribunal nor will they admit to the deceit and definitely not the cowardice of an American soldier shooting a wounded child twice in the back while on his knees
 bob0colo
Joined: 4/9/2006
Msg: 61
view profile
History
Bully for Omar Khadr
Posted: 2/6/2008 5:33:32 PM
This entire 'case' is a sham.
If Khadr is going to be charged with murder, then you'd have to file the same charge against 99.999% of the people involved in that so-called "war." The prosecution's "case" fairly reeks of desperation
__________

You know Bush-Co would have had a big show trial. This is the Best? So sloppy and sad.
We will never know who the Bad Guys were.
 Outdoor2
Joined: 4/1/2006
Msg: 62
view profile
History
Bully for Omar Khadr
Posted: 2/6/2008 6:04:30 PM
Six degrees of separation...
The "Bad Guys" are well known...
The really "Bad Guys" are well known....

What is hidden is the fact that they are busom buddies

Hint: Omar Khadr is not one of them.
 Jameslazazzera
Joined: 9/21/2006
Msg: 63
Bully for Omar Khadr
Posted: 2/6/2008 9:18:58 PM
The whole tiral and charge is 100% bull crap
How can you charge a man wuth murder, when the guy he killed was attacking him with an automatic rifle. I would huck a grenade too, if I found myself surrounded by hostile millatary personelle....why is it that when the french do it to the Nazis its honoruable and good, but when we are the occupier, its terrorism I have said it before on these profiles, and Ill say it again, if the United States invaded Canada, it would in that instant become my lifes mission to make any american soldier, on canadian soil, wish they were in Iraq. I would blow tanks and APC, I would build and hide bombs along roads used by the military, and I would launch homeade rockets into American Bases...that would make me a patriot, not a terrorist.
Funny how american outlook has changed, as to what constitutes acceptable war acts, 1945 to today....
 mungojoe
Joined: 11/15/2006
Msg: 64
Bully for Omar Khadr
Posted: 2/25/2008 2:35:57 PM
Once again it continues

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.

The longer this goes on the more evidence that comes out regarding US motives behind holding Khadr, none of it working in their favour, all of it indicating this is a case of "railroading" at its finest.
 mungojoe
Joined: 11/15/2006
Msg: 65
Bully for Omar Khadr
Posted: 3/13/2008 5:00:45 PM
And yet more evidence coming to light (again, contrary to US assertions)


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
 feeltobefree
Joined: 10/6/2006
Msg: 66
Bully for Omar Khadr
Posted: 3/13/2008 5:24:43 PM
This is one story that I have been following from beginning to no end. I CANT believe the ****en hypcrosy in this!

I do not know how some people can support this government for such a sham! A violation of international law. Absolute disregard for the evidence and sacrifcing a boys life for the mistakes of the the milatary. It is by absolute moral concience that this is wrong on many levels. How can they charge a fifteen year old boy when all information was extracted from torture, witnesses are kept secret (why!), documents fabricated months later.. like cmon. But i see its okay because they are there and they are lesser than us, that is the view of america, above the law, above everyone. Cover up their mistakes and try to validate this war as best they could.

Hey what happened to that Black Op employee who shot and killed an Iraqi in the Green zone when we was drunk? Oh thats right, they flew him out of the country. Gee I wonder why people are fighting back. And the slaughter in Fallugah? Dilawar?

You take their children, Prepare for them to take yours. Its fair. Wonderful circle of violence the U.S government has created. Exactly what they want.

Burn in ****en hell you nazi **stards!
 mungojoe
Joined: 11/15/2006
Msg: 67
Bully for Omar Khadr
Posted: 3/20/2008 3:33:38 PM
And this just in

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

It will be interesting if the Supreme Court finds the Harper gov't in violation of the laws for failing to stand up for Khadr.

It will be even more interesting if the court orders the gov't to turn over the requested documents and to fulfill their legal obligations to Khadr.
 mungojoe
Joined: 11/15/2006
Msg: 68
Bully for Omar Khadr
Posted: 3/20/2008 3:40:40 PM
And yet another update

Witness says U.S. soldier nearly executed Khadr
Last Updated: Wednesday, March 19, 2008 | 4:39 PM ET
CBC News

Omar Khadr, the Canadian who has been held at Guantanamo Bay since being captured by U.S. forces in Afghanistan, was almost executed by an American soldier, a newly released witness account says.

The account from an army officer, written in a personal diary released by the U.S. military, says one soldier was about to tell another soldier to kill Khadr during the 2002 firefight when he was captured, but other U.S. troops intervened.

"PV2 R had his sites right on [Khadr] point blank," said the excerpt, which had been edited by the U.S. Defence Department prior to its release on Wednesday. "I was about to tap R on his back to tell him to kill him but the [Special Forces] guys stopped us and told us not to."

The Pentagon alleges that after a July 2002 attack by U.S. soldiers on a suspected al-Qaeda compound, Khadr threw a grenade that killed one of the U.S. soldiers. He was captured and detained at Guantanamo Bay as a result.

The U.S. military has claimed that Khadr was the only one who could have thrown the grenade. But a defence team discovered a witness late in 2007 who contradicted that claim, and the diary account also says that there were two people alive in the compound after the grenade that killed U.S. medic Sgt. First Class Christopher Speer was thrown.

The officer describes in the diary the death of the other fighter. "I remember looking over my right shoulder and seeing (redacted) just waste the guy who was still alive. He was shooting him with controlled pairs," or rapid execution-style firing.

Defence lawyer Lt.-Cmdr. William Kuebler says the death of the other fighter and the circumstances of Khadr's capture may have motivated U.S. soldiers to alter details in order to protect themselves. He alleges that a report on the incident, written by the region commander, was revised two months later to say Khadr was the only person left alive after the battle.

Khadr was shot twice in the back before his capture, leaving two huge exit wounds in his chest, a witness identified as OC-1 said in February. The Pentagon has said American soldiers fired on Khadr in self-defence. Khadr was still being treated in hospital 10 months later.

The prosecution has acknowledged the memo was updated, but said the changes were simply to reflect that Khadr survived his injuries.

The Toronto-born Khadr, who was 15 when he was wounded and captured, is expected to be tried in a military court at Guantanamo in the summer.

Also Wednesday, Khadr's chief interrogator for three months at the U.S. facility in Bagram, Afghanistan, identified as Sgt. Joshua Claus, has been given immunity from prosecution for any possible abuse of Khadr in return for his testimony at Khadr's trial.

Claus was court-martialled and discharged from the army after another badly beaten prisoner at Bagram died in December 2002.

In an affidavit released Monday, Khadr said he was forced to confess to placate interrogators who shackled him for hours, dropped him and threatened him with rape.

With files from the Canadian Press

More evidence that the entire story against Khadr has likely been "cooked".
 BikerBiker53
Joined: 6/11/2005
Msg: 69
view profile
History
Bully for Omar Khadr
Posted: 7/16/2008 12:14:56 PM

U.S. army Sgt. Layne Morris, who says Khadr wounded him in a battle in Afghanistan in 2002, reacted on Tuesday to published reports of Khadr's sister's concern over her brother's health

"Whiney terrorists are probably the most irritating thing I've heard," he said.


Wow, after reading about, and posting on the other thread about Omar Khadr,... I thought I'd do a little more research into this story,....and in my search, I've found
many reasons, as to why a young 15 year old would want to stay in Afganistan and
put his life, and liberty in peril, and want to kill US Soilders, among others.

I figure,...anyone,...Man,..or Child,..that is exposed to the horrors of War, and having bombs poured on their Country, killing, and maiming, thousands of innocent civilians, men, women, children, fathers, mothers, brothers, sisters,....would want to take action against the ones doing the killing, too.

The more I read, the more Im disturbed, the sadder I become,....it boils down to having to understand that two wrongs dont make a right,..and in this case, its pitting one country against another, in an effort of stopping terrorism,..yet it is just creating more terrorist (and insurgants) ,....and makes one wonder,.....WHO,..the real "Terrorist" are ?


Gitmo lawyer accuses U.S. soldiers of war crimes
http://www.usatoday.com/news/world/2008-03-20-guantanamo-canadian_N.htm

SAN JUAN, Puerto Rico (AP) — The military lawyer for an alleged al-Qaeda fighter at Guantanamo Bay said Thursday that accounts of the firefight in which he was captured indicate some U.S. soldiers — and not his client — should be charged for war crimes.

During the final moments of a July 2002 raid on an al-Qaeda compound in Afghanistan, an American soldier killed one combatant who lay moaning with a rifle at his side, and nearly executed 15-year-old Omar Khadr after shooting him twice in the back, according to eyewitness accounts revealed at Khadr's pretrial hearings.

The shooter said in his account, revealed earlier, that he heard moaning from a pile of rubble, saw a man laying beside an AK-47 rifle, and shot him in the head.

He then spotted Khadr stirring and fired two rounds into his back.

The latest account of the firefight was revealed by the Pentagon on Wednesday: A U.S. Army officer wrote in his diary that he saw a soldier "just waste" a suspected al-Qaeda fighter with bursts from his assault rifle. The officer said he was about to tell the soldier to also kill the wounded Khadr when U.S. Special Forces soldiers stopped them.

Khadr's attorney, Navy Lt. Cmdr. William Kuebler, told The Associated Press on Thursday that the soldiers' actions reflected disregard for the laws of armed conflict in the war on al-Qaeda and the Taliban.

"If this diarist's account is true, and soldiers were executing or attempting to execute wounded combatants, you've got ... evidence of war crimes," Kuebler said.

"When coalition forces discovered they had a wounded unlawful enemy combatant, they applied lifesaving measures to Khadr immediately."

Army Sgt. Layne Morris, a Green Beret who was wounded by a grenade in the earlier stages of the firefight, told AP on Thursday that he learned that some soldiers inside the compound were upset Khadr got medical attention before injured Americans, but that he never heard any suggestion of killing him outright.

"Omar Khadr owes his life to U.S. soldiers. What the defense is asserting is just outrageous," said Morris, who is retired from the military and is permanently blinded in one eye from his wound, by phone from South Jordan, Utah.


Gee,..ya .... "just waste" ......a suspected al-Qaeda fighter with bursts from your assault rifle.

Then turn around and, then ya spot Khadr stirring and fire two rounds into his back.

Then your stopped ,...from "wasteing" him,.... by your own "Special Forces"

and then coalition forces applied lifesaving measures to Khadr immediately."

so Omar Khadr should be "Thankfull", caues he, "owes his life to U.S. soldiers."
(that just put two slugs in his back)

Theres NO DOUBT,.....WAR,...is an UGLY Business,.....

The more I read about this, the Uglier it gets.

Where, does it end ?
 susan_cd
Joined: 5/16/2007
Msg: 70
Bully for Omar Khadr
Posted: 2/23/2010 10:12:59 AM
Not sure I understand all the concern for what happens to Khadr.

If a Canadian was in the US ( say Iowa) and murdered someone they'd no doubt be tried in Iowa & if found guilty sentenced accordingly. But because he was in Afghanistan & killed an American soldier we're supposed to be more concerned about what happens to him?

I guess the lesson here for American troops is avoid the hassles, don't take prisoners.
 god_of_rock
Joined: 1/17/2009
Msg: 71
Bully for Omar Khadr
Posted: 6/3/2010 2:50:19 PM

I guess the lesson here for American troops is avoid the hassles, don't take prisoners.


GOOD POINT!
 BikerBiker53
Joined: 6/11/2005
Msg: 72
view profile
History
Bully for Omar Khadr
Posted: 10/30/2010 3:27:29 PM
"Military men are dumb, stupid animals to be used as pawns for foreign policy."
********************************************** Henry Kissinger

WAR, is UGLY.

The Video the US Military doesn’t want you to see!

http://republicbroadcasting.org/?p=11264
 susan_cd
Joined: 5/16/2007
Msg: 73
Bully for Omar Khadr
Posted: 10/30/2010 5:38:38 PM

Military men are dumb, stupid animals to be used as pawns for foreign policy."
********************************************** Henry Kissinger


If you're gonna use Kissinger's quotes to try to prove some point, why not include more than this one to allow people to see how his mind works?

Here's a couple more:


"Intelligence is not all that important in the exercise of power, and is often, in point of fact, useless.


( using this & the quote you posted, it seems like he thinks everyone but him is an idiot)



It is an act of insanity and national humiliation to have a law prohibiting the President from ordering assassination."
Statement at a National Security Council meeting in 1975.



“Depopulation should be the highest priority of foreign policy towards the third world, because the US economy will require large and increasing amounts of minerals from abroad, especially from less developed countries.”
 whiskeypapa
Joined: 5/19/2008
Msg: 74
Bully for Omar Khadr
Posted: 10/31/2010 6:02:54 PM
Khadr got a forty year prison sentence today for resisting US imperialism, I suppose we should all take notice.
The trial on foreign soil so that the US constitution need not apply was a travesty , a military judge, a military jury and a military defense made the outcome predictable.

Khadr, a child-soldier was found on the battle field "hors de combat" already wounded and in shock from the explosions he was shot in the back two more times. He was taken to the notorious Bagrain base where he was tortured by withholding pain medication then, while still recovering, transfered to Guantonimo where he was routinely tortured. after eight years of the application of the "Reid Technique" of interogation he identified with his captors and entered into a plea bargain not knowing that right was on his side.

In this travesty the US has flouted all international agreements, The Geneva Conventions, the Protocols related to Child soldiers, the agreements regarding torture.

The US has gone a long way since the neocons have taken over...all of it backwards.
 susan_cd
Joined: 5/16/2007
Msg: 75
Bully for Omar Khadr
Posted: 10/31/2010 6:22:29 PM
If Khadr does return to Canada to finish his sentence, here's hoping it'll be in a military prison & not one of the "Club Feds" that treat prisoners like misunderstood children & provide them with all the amenities.
 matchlight
Joined: 1/31/2009
Msg: 76
view profile
History
Bully for Omar Khadr
Posted: 3/4/2011 1:32:25 AM

"There is no such thing in law as an 'unlawful combatant' or 'unlawful enemy combatant,'" she said, adding that Monday's rulings bespeak "the larger disarray of the military commission" resulting from an "ad hoc concoction of a process that doesn't really exist."


Bullsh1t. This anti-American professor is a damned liar.

The case is Ex Parte Quirin, 317 U.S. 1 (1942). This decision is still good law. In it, the Supreme Court discussed the history of U.S. military commissions and affirmed their legitimacy, all in great detail. FDR had ordered a military commission set up to try six Nazi saboteurs who had landed in the U.S. by U-boat.

The terms this woman says do not exist in law are used several times and explained thoroughly in Quirin. For example:

"By universal agreement and practice, the law of war draws a distinction between the armed forces and the peaceful populations of belligerent nations, and also between those who are lawful and unlawful combatants. Lawful combatants are subject to capture and detention as prisoners of war by opposing military forces. Unlawful combatants are likewise subject to capture and detention, but, in addition, they are subject to trial and punishment by military tribunals for acts which render their belligerency unlawful." 317 U.S. 1, 30-31

AND

"Our Government, by thus defining lawful belligerents entitled to be treated as prisoners of war, has recognized that there is a class of unlawful belligerents not entitled to that privilege, including those who, though combatants, do not wear 'fixed and distinctive emblems.' Congress has made provision for their trial and punishment by military commission . . . . Our Government has likewise recognized that those who, during time of war, pass surreptitiously from enemy territory into our own, discarding their uniforms upon entry, for the commission of hostile acts involving destruction of life or property, have the status of unlawful combatants punishable as such by military commission." 317 U.S. 1, 35

The military commissions are completely legitimate. The reason they haven't worked is that both this administration and the last one have lacked the will to insist on using them to try the captives. A large group of legal experts from within and outside the government labored for two years to draw up the rules for these tribunals, but even now--ten years and several Supreme Court decisions later--nothing has gotten done. Roosevelt had his Attorney General draw up the rules for the military commission in SIX DAYS, and before long the trial began.

The six Nazis--one of them a U.S. citizen--got a superb defense from the best private lawyers in the U.S., but the evidence against them was overwhelming. They were convicted of war crimes and sentenced to death. They quickly filed a habeas petition with the federal district court for D.C., which denied it. The Supreme Court heard the appeal from this denial, still only weeks after the six had been captured. It denied the appeal, and they were soon electrocuted in New York.
 whiskeypapa
Joined: 5/19/2008
Msg: 77
Bully for Omar Khadr
Posted: 3/6/2011 12:21:10 PM
Confusing spies with child-soldiers is just muddying the water for the purpose of covering the wacrimes of the bush administration.
So they made laws to give an air of legitimacy to their crimes, big deal. The laws still clash with international conventions.
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