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Khadr Sentenced To 40 Years By Military Tribunal


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#751 Wetcoaster

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Posted 06 October 2012 - 03:26 PM

nd


That is a question i would love to know the the answer to as well sharp .
If the The Canadian Supreme Court has confirmed that Canadian officials breached Omar Khadr’s right to liberty and security of the person under s 7 of the Charter of Rights and Freedoms , then why have those officials not been held accountable for those actions ?
Is it because , the Supreme Court held that it does not have the power to order that the Canadian Government seek Mr Khadr’s repatriation from Guantanamo Bay, because such a request falls within the Canadian Government’s prerogative power in foreign affairs ?

The conduct of the Canadian government and its officials is the subject of the lawsuit Khadr has already filed and he is seeking a damages in the amount of $10 million.
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#752 Buddhas Hand

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Posted 06 October 2012 - 03:30 PM

The conduct of the Canadian government and its officials is the subject of the lawsuit Khadr has already filed and he is seeking a damages in the amount of $10 million.


So are those officials subject to criminal law , or civil law ?
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#753 Sharpshooter

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Posted 06 October 2012 - 10:14 PM

Those would be the sort of issues raised in trying to have the guilty pleas declared a nullity and setting the plea agreement aside.

However in setting the plea agreement aside does Khadr revert to his prior status as a some category of belligerent and as such the US could claim they are entitled to hold him in detention for so long as this war on terror is ongoing. Under LOAC nations are entitled to hold POWs for as long as the conflict continues.

That may well be one reason why his counsel have not filed a habeas application or another similar claim as they do not want to take a chance on that occurring.


Wow, hadn't thought of that.

That's something Macallan I and will have to ponder over the course of this night.
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#754 Wetcoaster

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Posted 07 October 2012 - 12:32 AM

So are those officials subject to criminal law , or civil law ?

The law suit filed is a civil suit.

Even if there was arguably a crime under the Criminal Code, I am not sure that the Crown would be prosecuting in these circumstances in any event.
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#755 Wetcoaster

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Posted 08 October 2012 - 12:23 PM

And the latest - a 100 name petition is being submitted to to a local MP for transmission to Vic Toews calling for Omar Khadr to be charged with treason:

Omar Khadr should be monitored with electronic bracelets when he’s released from prison, says a Scarborough group that him charged with treason.

Shobie Kapoor, of Canadian Patriotic Society — a grass roots citizens group — insisted Sunday that Khadr will be used by Islamic extremists as a “propaganda machine on the GTA mosque circuit.”

She said Khadr, 26, can also be used to raise funds and recruits at Toronto-area mosques when he’s freed.

“He will draw out all the jihadis,” Kapoor said. “They will all pay big money to see him.”

Her group gave Scarborough Centre MP Roxanne Jame a 100-name petition which calls for Khadr to be charged with treason. The Conservative MP is expected to pass it along this week to Public Safety Minister Vic Toews.

http://www.torontosu...-not-up-to-feds

Federal Justice Minister and Attorney General Rob Nicholson says the question of laying charges of treason against Omar Khadr is a provincial and police matter not a federal matter.
http://www.torontosu...-not-up-to-feds

If Khadr is released on parole it will be up to the National Parole Board to determine the degree, level and specifics of monitoring and compliance.

There are both legal and procedural problems that would prevent Khadr being charged with and convicted of treason under the Criminal Code.

By abdicating its authority over Omar Khadr and leaving him to be tried by a US Military Tribunal, Canada has foreclosed any possibility of a charge for treason (even assuming that one would lie in fact and that would be questionable). The facts upon which Khadr pleaded guilty and was convicted would be the same facts that would form the basis for a charge of treason under the Criminal Code and as such would constitute double jeopardy. The Charter prohibits such action and the the prohibition is not jurisdictional specific as set out in the Charter at Section 11 (h).


"11. Any person charged with an offence has the right
(h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again;"


Under the case law to avoid the double jeopardy prohibition, the convictions in the US would have to be found to be not a criminal in nature (the US Congress defined them as crimes) and the consequences not penal in nature (he was incarcerated) - so that does not seem viable. The term "offence" is broadly interpreted to mean the underlying acts that form the offence so just calling it treason in Canada and by another term or terms in the USA does not avoid the constitutional prohibition on double jeopardy.

Also note that Khadr was 15 years of age at the time of his capture by US forces so he can only be tried under the Youth Criminal Justice Act - there is no longer a procedure to raise a child to adult court. And unlike the US courts, Canadian courts take Canada's international obligations under the UN Convention on the Rights of the Child and the Optional Protocol on the Involvement of Children in Armed Conflict. The Supreme Court of Canada has already taken note of his youth and Canada's binding international obligations in ruling twice that Khadr's Charter rights have been seriously violated (2008 and 2010).

Per the SCOC in 2010 in Canada (Prime Minister) v. Khadr, 2010 SCC 3, [2010] 1 S.C.R. 44:

"We conclude that Canadian conduct in connection with Mr. Khadr’s case did not conform to the principles of fundamental justice.
...
This conduct establishes Canadian participation in state conduct that violates the principles of fundamental justice. Interrogation of a youth, to elicit statements about the most serious criminal charges while detained in these conditions and without access to counsel, and while knowing that the fruits of the interrogations would be shared with the U.S. prosecutors, offends the most basic Canadian standards about the treatment of detained youth suspects."


Even if Khadr were to be charged the evidence against him by way of coerced statements (including his guilty plea) would not be admissible in a real court so there would be issues of proof and given the serious Charter rights violations that occurred during his capture and detention, it is pretty much assured that a court would exercise its discretion under section 24(2) of the Charter to exclude the evidence used at the Military Commission Tribunal. Without evidence there can be no conviction.
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#756 Buddhas Hand

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Posted 08 October 2012 - 02:53 PM

Sigh.......
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#757 Wetcoaster

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Posted 09 October 2012 - 02:31 PM

The UN committee on the rights of the child has just finished a 10-year review of how Canada treats its children and how well governments are implementing the Convention on the Rights of the Child and optional protocols. The report has just been released and it is critical of the Harper government changes to the juvenile justice system.
http://www.ctvnews.c...nitive-1.988812

The report makes specific mention of Omar Khadr and identified him as a former child soldier. It also recommended compensation for the Charter breaches identified by the SCOC.

78. The Committee urges the State party to promptly provide a rehabilitation program for Omar Khadr that is consistent with the Paris Principles for the rehabilitation of former child soldiers and ensure that Omar Khadr is provided with an adequate remedy for the human rights violations that the Supreme Court of Canada ruled he experienced.


http://www2.ohchr.or...N-CO-3-4_en.pdf
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#758 Buddhas Hand

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Posted 09 October 2012 - 02:44 PM

The UN committee on the rights of the child has just finished a 10-year review of how Canada treats its children and how well governments are implementing the Convention on the Rights of the Child and optional protocols. The report has just been released and it is critical of the Harper government changes to the juvenile justice system.
http://www.ctvnews.c...nitive-1.988812

The report makes specific mention of Omar Khadr and identified him as a former child soldier. It also recommended compensation for the Charter breaches identified by the SCOC.


78. The Committee urges the State party to promptly provide a rehabilitation program for Omar Khadr that is consistent with the Paris Principles for the rehabilitation of former child soldiers and ensure that Omar Khadr is provided with an adequate remedy for the human rights violations that the Supreme Court of Canada ruled he experienced.


http://www2.ohchr.or...N-CO-3-4_en.pdf



Principles relating to the Status of National Institutions (The Paris Principles)


Adopted by General Assembly resolution 48/134 of 20 December 1993
Competence and responsibilities
1. A national institution shall be vested with competence to promote and protect human rights.
2. A national institution shall be given as broad a mandate as possible, which shall be clearly set forth in a constitutional or legislative text, specifying its composition and its sphere of competence.
3. A national institution shall, inter alia, have the following responsibilities:
( a ) To submit to the Government, Parliament and any other competent body, on an advisory basis either at the request of the authorities concerned or through the exercise of its power to hear a matter without higher referral, opinions, recommendations, proposals and reports on any matters concerning the promotion and protection of human rights; the national institution may decide to publicize them; these opinions, recommendations, proposals and reports, as well as any prerogative of the national institution, shall relate to the following areas:
(i) Any legislative or administrative provisions, as well as provisions relating to judicial organizations, intended to preserve and extend the protection of human rights; in that connection, the national institution shall examine the legislation and administrative provisions in force, as well as bills and proposals, and shall make such recommendations as it deems appropriate in order to ensure that these provisions conform to the fundamental principles of human rights; it shall, if necessary, recommend the adoption of new legislation, the amendment of legislation in force and the adoption or amendment of administrative measures;
(ii) Any situation of violation of human rights which it decides to take up;
(iii) The preparation of reports on the national situation with regard to human rights in general, and on more specific matters;
(iv) Drawing the attention of the Government to situations in any part of the country where human rights are violated and making proposals to it for initiatives to put an end to such situations and, where necessary, expressing an opinion on the positions and reactions of the Government;
( b ) To promote and ensure the harmonization of national legislation, regulations and practices with the international human rights instruments to which the State is a party, and their effective implementation;
( c ) To encourage ratification of the above-mentioned instruments or accession to those instruments, and to ensure their implementation;
( d ) To contribute to the reports which States are required to submit to United Nations bodies and committees, and to regional institutions, pursuant to their treaty obligations and, where necessary, to express an opinion on the subject, with due respect for their independence;
( e ) To cooperate with the United Nations and any other orgnization in the United Nations system, the regional institutions and the national institutions of other countries that are competent in the areas of the protection and promotion of human rights;
( f ) To assist in the formulation of programmes for the teaching of, and research into, human rights and to take part in their execution in schools, universities and professional circles;
( g ) To publicize human rights and efforts to combat all forms of discrimination, in particular racial discrimination, by increasing public awareness, especially through information and education and by making use of all press organs.
Composition and guarantees of independence and pluralism
1. The composition of the national institution and the appointment of its members, whether by means of an election or otherwise, shall be established in accordance with a procedure which affords all necessary guarantees to ensure the pluralist representation of the social forces (of civilian society) involved in the protection and promotion of human rights, particularly by powers which will enable effective cooperation to be established with, or through the presence of, representatives of:
( a ) Non-governmental organizations responsible for human rights and efforts to combat racial discrimination, trade unions, concerned social and professional organizations, for example, associations of lawyers, doctors, journalists and eminent scientists;
( b ) Trends in philosophical or religious thought;
( c ) Universities and qualified experts;
( d ) Parliament;
( e ) Government departments (if these are included, their representatives should participate in the deliberations only in an advisory capacity).
2. The national institution shall have an infrastructure which is suited to the smooth conduct of its activities, in particular adequate funding. The purpose of this funding should be to enable it to have its own staff and premises, in order to be independent of the Government and not be subject to financial control which might affect its independence.
3. In order to ensure a stable mandate for the members of the national institution, without which there can be no real independence, their appointment shall be effected by an official act which shall establish the specific duration of the mandate. This mandate may be renewable, provided that the pluralism of the institution's membership is ensured.
Methods of operation
Within the framework of its operation, the national institution shall:
( a ) Freely consider any questions falling within its competence, whether they are submitted by the Government or taken up by it without referral to a higher authority, on the proposal of its members or of any petitioner,
( b ) Hear any person and obtain any information and any documents necessary for assessing situations falling within its competence;
( c ) Address public opinion directly or through any press organ, particularly in order to publicize its opinions and recommendations;
( d ) Meet on a regular basis and whenever necessary in the presence of all its members after they have been duly concerned;
( e ) Establish working groups from among its members as necessary, and set up local or regional sections to assist it in discharging its functions; <a name="wp1033044">
( f ) Maintain consultation with the other bodies, whether jurisdictional or otherwise, responsible for the promotion and protection of human rights (in particular, ombudsmen, mediators and similar institutions);
( g ) In view of the fundamental role played by the non-governmental organizations in expanding the work of the national institutions, develop relations with the non-governmental organizations devoted to promoting and protecting human rights, to economic and social development, to combating racism, to protecting particularly vulnerable groups (especially children, migrant workers, refugees, physically and mentally disabled persons) or to specialized areas.
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That men do not learn very much from the lessons of history is the most important of all the lessons that history has to teach.

Aldous Huxley.


#759 Wetcoaster

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Posted 09 October 2012 - 03:02 PM


Principles relating to the Status of National Institutions (The Paris Principles)


Adopted by General Assembly resolution 48/134 of 20 December 1993
Competence and responsibilities
3. A national institution shall, inter alia, have the following responsibilities:
( a ) To submit to the Government, Parliament and any other competent body, on an advisory basis either at the request of the authorities concerned or through the exercise of its power to hear a matter without higher referral, opinions, recommendations, proposals and reports on any matters concerning the promotion and protection of human rights; the national institution may decide to publicize them; these opinions, recommendations, proposals and reports, as well as any prerogative of the national institution, shall relate to the following areas:
(iii) The preparation of reports on the national situation with regard to human rights in general, and on more specific matters;
(iv) Drawing the attention of the Government to situations in any part of the country where human rights are violated and making proposals to it for initiatives to put an end to such situations and, where necessary, expressing an opinion on the positions and reactions of the Government;
( d ) To contribute to the reports which States are required to submit to United Nations bodies and committees, and to regional institutions, pursuant to their treaty obligations and, where necessary, to express an opinion on the subject, with due respect for their independence;
( e ) To cooperate with the United Nations and any other orgnization in the United Nations system, the regional institutions and the national institutions of other countries that are competent in the areas of the protection and promotion of human rights;
Composition and guarantees of independence and pluralism
1. The composition of the national institution and the appointment of its members, whether by means of an election or otherwise, shall be established in accordance with a procedure which affords all necessary guarantees to ensure the pluralist representation of the social forces (of civilian society) involved in the protection and promotion of human rights, particularly by powers which will enable effective cooperation to be established with, or through the presence of, representatives of:
( c ) Universities and qualified experts;
( d ) Parliament;
3. In order to ensure a stable mandate for the members of the national institution, without which there can be no real independence, their appointment shall be effected by an official act which shall establish the specific duration of the mandate. This mandate may be renewable, provided that the pluralism of the institution's membership is ensured.
Methods of operation
( b ) Hear any person and obtain any information and any documents necessary for assessing situations falling within its competence;
( c ) Address public opinion directly or through any press organ, particularly in order to publicize its opinions and recommendations;
( g ) In view of the fundamental role played by the non-governmental organizations in expanding the work of the national institutions, develop relations with the non-governmental organizations devoted to promoting and protecting human rights, to economic and social development, to combating racism, to protecting particularly vulnerable groups (especially children, migrant workers, refugees, physically and mentally disabled persons) or to specialized areas.

Wrong Paris Principles.

The reference is to the Paris Principles and Guidelines on Children Associated with Armed Forces or Armed Groups (2007):
http://www.unicef.or...0107English.pdf

Note this:


7.6 Children who leave armed forces or armed groups by any means, including those who escape,

are abandoned or are captured by an opposing armed force or armed group or by multinational

forces retain their human rights as children, and relevant international law and standards must be

applied, inter alia:


7.6.0 No child may be subjected to torture or other cruel, inhuman or degrading treatment

or punishment;


7.6.1 Neither capital punishment nor life imprisonment without possibility of release should

be imposed for offences committed by persons below eighteen years of age;


7.6.2 No child may be deprived of his or her liberty unlawfully or arbitrarily;


7.6.3 Children who escape unlawful recruitment must never considered deserters;


7.6 4 All appropriate measures to promote physical and psychological recovery and social

reintegration must be taken;


7.6.5 All appropriate action must be taken to ensure and re-establish family unity;


7.6.6 Unless contrary to the best interests of the child, all allegations of violence, including

sexual and gender-based violence must be promptly, thoroughly, and independently

investigated and prosecuted and adequate and effective follow-up care offered to the child

and her/ his family.


Also see:
http://childrenandar...ris-principles/

Edited by Wetcoaster, 09 October 2012 - 03:13 PM.

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#760 Buddhas Hand

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Posted 09 October 2012 - 03:12 PM

Wrong Paris Principles.

The reference is to the Paris Principles and Guidelines on Children Associated with Armed Forces or Armed Groups (2007):
http://www.unicef.or...0107English.pdf

Note this:



7.6 Children who leave armed forces or armed groups by any means, including those who escape,

are abandoned or are captured by an opposing armed force or armed group or by multinational

forces retain their human rights as children, and relevant international law and standards must be

applied, inter alia:


7.6.0 No child may be subjected to torture or other cruel, inhuman or degrading treatment

or punishment;


7.6.1 Neither capital punishment nor life imprisonment without possibility of release should

be imposed for offences committed by persons below eighteen years of age;


7.6.2 No child may be deprived of his or her liberty unlawfully or arbitrarily;


7.6.3 Children who escape unlawful recruitment must never considered deserters;


7.6 4 All appropriate measures to promote physical and psychological recovery and social

reintegration must be taken;


7.6.5 All appropriate action must be taken to ensure and re-establish family unity;


7.6.6 Unless contrary to the best interests of the child, all allegations of violence, including

sexual and gender-based violence must be promptly, thoroughly, and independently

investigated and prosecuted and adequate and effective follow-up care offered to the child

and her/ his family.



thank you for the correction .
But in my opinion human rights , many of which we take for granted in the west should be fought for on all levels , all of us are linked , just like the rights we are now discussing .
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The Real war is not between the east and the west. The real war is between intelligent and stupid people.

Marjane Satrapi

tony-abbott-and-stephen-harper-custom-da

That men do not learn very much from the lessons of history is the most important of all the lessons that history has to teach.

Aldous Huxley.


#761 Wetcoaster

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Posted 09 October 2012 - 03:28 PM

thank you for the correction .
But in my opinion human rights , many of which we take for granted in the west should be fought for on all levels , all of us are linked , just like the rights we are now discussing .

I do not grasp the point that you are trying to make.

If you mean such rights are universal, then that is a given and would be a motherhood type statement.

We have the basic foundation document of the United Nations - The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly on 10 December 1948 and all the ancillary human rights treaties and protocols that have followed. And it applies to all UN member nations not just those in the West.
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#762 Buddhas Hand

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Posted 10 October 2012 - 01:20 AM

I do not grasp the point that you are trying to make.

If you mean such rights are universal, then that is a given and would be a motherhood type statement.

We have the basic foundation document of the United Nations - The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly on 10 December 1948 and all the ancillary human rights treaties and protocols that have followed. And it applies to all UN member nations not just those in the West.


You say such rights are universal ,
Even though Australia has signed all five international treaties that make up the the International Bill of Human Rights, none of these treaties are legally binding in Australia. Nor is there is a Bill of Rights in the Australian Constitution. This means that the fundamental rights and freedoms of everyone living in Australia are not protected by the law.

We do not have human rights that are protected by law even though ,
The majority of Australians want a Bill of Rights and they want a say about whether it belongs in the Constitution

In 1991-1992 the Research School of Social Sciences at ANU conducted a national survey of 1522 Australians and asked them about their attitude to rights. The report Rights in Australia 1991-1992 found that 70.6% of Australians want a Bill of Rights (7.4% were against and 21.8% were undecided). The Survey also found that 85.9% supported a referendum to determine whether a Bill of Rights should be put in the Constitution. The majority of Australians (57.8%) also believe that a Bill of Rights would strengthen our national identity.
Nevertheless, Australia's politicians continue to deny Australians a Bill of Rights to protect our rights and freedoms. Why? Is it simply because a Bill of Rights would be an effective check and balance on their power? That would explain why Prime Minister Howard supports a Bill of Rights for Iraqis, but not for his own people.

now i know this is slighty dated , but nothing has changed under Primeminister Gillard .

and i would argue that the government is an instituition and in the case of Omar Khadr it has failed in the promotion and protection of his human rights .
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The Real war is not between the east and the west. The real war is between intelligent and stupid people.

Marjane Satrapi

tony-abbott-and-stephen-harper-custom-da

That men do not learn very much from the lessons of history is the most important of all the lessons that history has to teach.

Aldous Huxley.


#763 kurtis

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Posted 10 October 2012 - 12:17 PM

USA is so retarded...
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#764 Wetcoaster

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Posted 10 October 2012 - 05:01 PM

An article by Professor Catherine Morris on the Khadr case and the manner in which the Canadian government has studiously ignored his rights at both domestic and international law while allowing the US to proceed with a badly flawed military tribunal system in violation of international law. Professor Morris teaches international human rights at the University of Victoria. She teaches on peace and conflict at universities in Europe and Asia. She monitors human rights in several countries for Lawyers’ Rights Watch Canada.


Undermining the rule of law: The case of Omar Khadr


Omar Khadr may finally be home, but he’s not exactly welcome. Government statements have repeatedly branded him as a “war criminal” and a “convicted terrorist” — inflammatory characterizations that disregard both facts and laws.


The Canadian government has continually claimed that Khadr was given due process in the U.S., and many Canadians believe that his plea bargain arose from properly made charges in a legitimate court. But this is far from the truth.


In fact, Omar Khadr was never charged with U.S. criminal offences or internationally recognized war crimes. Years after he was captured on the battlefield in 2002, he was charged with newly minted offences under the 2006 Military Commissions Act, even though international law forbids prosecution for offences created after the fact.


For years, UN human rights bodies have expressed concerns about U.S. military commissions’ lack of legal safeguards, and about classifying children used in armed conflict as “unlawful enemy combatants” and subjecting them to ill-treatment, denial of access to education, and prosecution in military tribunals. Such treatment violates the protocol on children in armed conflict, which requires the U.S. and Canada alike to treat a youth like Khadr as a child soldier and work to rehabilitate and reintegrate him into society.


In 2008 the Supreme Court of Canada condemned Canadian officials’ participation in the Guantánamo Bay process as a violation of international law. A second ruling in 2010 excoriated Canadian officials, saying their behaviour “offends the most basic Canadian standards about the treatment of detained youth suspects.” Indeed, the court declared Khadr was entitled to a remedy, but left it to the government to decide how best to act. In response, Canada sent a diplomatic note asking the U.S. not to use information Canadian agents gave to U.S. officials. The U.S. replied that it was up to the military judge to decide what evidence to allow. Canada did nothing more to remedy the abuses. As a result, in August 2010, the U.S. military commission ruled all Khadr’s statements admissible, including those made as a result of torture and ill-treatment.


On the eve of Khadr’s plea bargain in October 2010, Radhika Coomaraswamy, then the UN Secretary-General’s Special Representative for Children and Armed Conflict, urged Canada to repatriate Omar Khadr for rehabilitation as required by the child soldier protocol. She said Khadr represented “the classic child soldier narrative: recruited by unscrupulous groups to undertake actions at the bidding of adults to fight battles they barely understand.”


Our government ignored her, too. Instead, Canadian officials agreed to Khadr’s plea bargain, saying it would be “inclined to favourably consider” repatriation to Canada after he had served a year of his sentence. The year came and went.


Then, in June this year, the UN Committee Against Torture urged Canada to repatriate Khadr and to redress the human rights violations found by the Supreme Court of Canada. Public Safety Minister Vic Toews disparaged the committee, saying: “When there are serious concerns regarding human rights violations across the world, it is disappointing that the UN would spend its time decrying Canada.” Minister of Foreign Affairs John Baird acknowledged that Omar Khadr’s repatriation occurred only after pressure from the U.S.


Imprisoned for more than a decade, Khadr has never been tried by any properly constituted court that afforded the judicial guarantees recognized as indispensable by civilized peoples. This is in direct violation of the Geneva Conventions. In addition, his rights have been systematically and flagrantly violated under the protocol on children in armed conflict, the International Covenant on Civil and Political Rights, and the Convention against Torture.


Now that Omar Khadr has returned home, some Canadians are expressing public safety fears. Although public safety is a valid concern, it can be served only by respecting the law. Public safety is to be determined by evidence, not by public fear and hatred fomented by derogatory, inaccurate characterizations by ministers and other public officials.


The behaviour of the government in the case of Omar Khadr demonstrates a profound lack of respect for Canada’s courts and the United Nations human rights system. Our government’s continued vilification of Omar Khadr undermines public respect for law and thwarts the fulfilment of Canada’s obligations under the child soldier protocol to ensure Khadr’s rehabilitation and reintegration into Canadian society. Canadian ministers and officials must stop ignoring the courts and flouting international law, and start treating Khadr — and all persons in Canada — according to Canadian and international law.

http://www.thestar.c...e-of-omar-khadr
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#765 Sharpshooter

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Posted 10 October 2012 - 06:08 PM

Excellent, albeit infuriating, link and read Wet. Thanks. Professor Morris nailed it on the head imo.

Edited by Sharpshooter, 10 October 2012 - 06:08 PM.

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#766 Tearloch7

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Posted 10 October 2012 - 06:16 PM

Harper and his lackeys bring shame upon this country .. well done, Steven!!
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#767 Wetcoaster

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Posted 11 October 2012 - 04:54 PM

Excellent, albeit infuriating, link and read Wet. Thanks. Professor Morris nailed it on the head imo.


Professor Morris makes the same points that I have been making for a long period of time in respect of the Omar Khadr case. No doubt as she teaches at my law school alma mater.

Edited by Wetcoaster, 11 October 2012 - 04:55 PM.

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#768 Wetcoaster

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Posted 11 October 2012 - 04:56 PM

Harper and his lackeys bring shame upon this country .. well done, Steven!!

The Liberals were no better. They stood mute for four years until they were in opposition and then found religion.
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#769 Sharpshooter

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Posted 11 October 2012 - 05:02 PM

Professor Morris makes the same points that I have been making for a long period of time in respect of the Omar Khadr case. No doubt as she teaches at my law school alma mater.


This is true.

The Liberals were no better. They stood mute for four years until they were in opposition and then found religion.


This is also true.
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#770 Wetcoaster

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Posted 11 October 2012 - 05:38 PM

This is true.



This is also true.

And it was PM Chretien who directly and personally while on a state visit to Pakistan who lobbied Pakistani PM Benazir Bhutto to release Omar's father, Ahmed Khadr from detention. Khadr senior had been arrested by the Pakistanis on suspicion of terrorist ties. He was released.
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#771 Wetcoaster

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Posted 11 October 2012 - 05:39 PM

An Op-Ed article in the New York Times by Dr. Stephen Xenakis - a retired brigadier general and Army medical corps officer with 28 years of active service. He is an Adjunct Clinical Professor at the Uniformed Services University of Health Sciences with an active clinical and consulting practice, and has been a senior adviser to the Department of Defense on neurobehavioral conditions and medical management.

Dr. Xenakis spent over 200 hours interviewing Omar Khadr over period of years as opposed to the 16 hours over two days by Dr. Welner, the prosecution's psychiatric expert and he comes to a much different conclusion then Dr. Welner upon which VikiLeaks Toews chose to rely in demonizing Omar Khadr on his return to Canada.


LATE last month the American military flew a man named Omar Khadr from the prison at Guantánamo Bay, Cuba, where he had been a detainee since 2002, back to Canada, the country of his birth. Mr. Khadr’s repatriation was part of an informal agreement between the two countries after his 2010 guilty plea for murdering an American soldier.


Mr. Khadr, who now sits in a maximum-security facility in Canada, was supposed to be moved out of Guantánamo in October 2011. But the Canadian government voiced concerns over his potential threat, and his transfer was delayed for another year. While he will certainly spend more time in prison, the Canadian government has yet to announce how long, or when he will be eligible for parole.


Is Omar Khadr a threat to national security? These questions, and the way his case has been handled, reveal a great deal about the way we approach national security and detainees. Some of the Guantánamo detainees, as we know, are dangerous men. Others, like Omar Khadr, are emphatically not.


I served 28 years in the United States Army and had the privilege of commanding thousands of troops as a brigadier general before I retired. I am also a psychiatrist who, as an expert on post-traumatic stress disorder and concussion, was asked to evaluate Mr. Khadr. I have spent hundreds of hours with him since 2008 and have thoroughly reviewed the findings of my colleagues as well as the interviews and reports by the prosecution’s experts. From my first involvement in this case, I have kept America’s national security interest foremost in my thinking and integrated it into my assessment as a psychiatric expert.


There was no question that Mr. Khadr suffered life-threatening injuries, as well as concussions, in a firefight that led to his capture, in 2002, at a compound in Afghanistan. He was 15 years old and had been sent there by his father to translate for Libyans training Afghan fighters on how to make improvised explosive devices.


As a result of wounds received from a grenade blast during the attack, an American soldier died 10 days later. Mr. Khadr was the only one of the compound’s residents to survive, and he was charged with throwing the grenade (even though it was an American-made weapon and unlikely to be in the enemy’s arsenal).


Mr. Khadr arrived at Guantánamo in January 2002 and spent the next 10 years there, until his transfer. In 2003 Pakistani forces killed his father, who had allegedly been helping to finance operations by Al Qaeda. Mr. Khadr’s younger brother was partially paralyzed in the same attack.


In 2010 Mr. Khadr pleaded guilty to the murder charge before a Military Commission tribunal. Canadian authorities have cited that plea as a reason for considering him a national security threat.


And yet in one of the most bitter ironies of the case, he has supposedly been influenced by radical jihadist thinking while at the Guantánamo detention camps. The psychiatrist for the prosecution, testifying during Mr. Khadr’s sentencing, depicted him as “marinating” in jihadist thinking while at Guantánamo and, therefore, still a security threat.


Clearly, no one assumes that Guantánamo is for rehabilitation. But the Canadian government asserts that given this combination of nature and nurture, Mr. Khadr could be a leader for Al Qaeda or other radical terrorist groups. It had asked for the video of the psychiatrist’s interview before deciding to accept him in transfer.


Surprisingly, the Canadians never contacted my colleague or me to discuss our reports to the Canadian minister of public safety. We sent these reports in March 2011 and disagreed with the findings of the prosecution’s experts. One would think that an objective assessment of an individual’s threat to security would entail gathering all expert opinions and analyzing them before making a decision.


That’s not what happened here, which leads me to believe that the questions over Mr. Khadr’s threat to Canadian security are more about partisan politics then actually protecting the safety of the country’s citizens.


A corollary to the question of whether Mr. Khadr is a terrorist threat is how effective the American and Canadian counterterrorism programs are. Both countries have dedicated immense resources to the effort since 9/11. It is no secret that intelligence agencies have infiltrated radical groups and Muslim organizations, despite the objection of these communities. As a result, Omar Khadr can expect to be closely monitored for the rest of his life. Even the slightest step he takes to affiliate with radical or terrorist groups will evoke a quick reaction from governmental authorities.


All of this is, however, somewhat beside the point of Mr. Khadr’s peculiar case. He is labeled a “murderer” for an act he allegedly committed when he was 15 years old. Plain common sense, as well as neuroscience, says that his attitudes and conduct are far different today than they were when he was a young adolescent.


After spending hundreds of hours with Mr. Khadr, I am confident that he firmly disavows interest in political and military issues and wants no involvement in any such activities. He affirms his intent to lead a normal life as a Canadian citizen, have a family and work in the health care field, if he can.


Branding Mr. Khadr as a radical jihadi plays into the fear factor of partisan politics. That is not good for the peace and stability of our communities and citizens; exploiting fear and prejudice does not make for strong national security. Mr. Khadr has become the poster child for many in the world who have been unjustly victimized. The better option is to expeditiously prepare him to make the transition to society and get on with his life.

http://www.nytimes.c...ne-of-them.html

Dr. Michael Welner, the prosecution's star witness at Khadr's military commission trial in October 2010. Welner concluded Khadr, 25, was an unrepentant and dangerous jihadist.

And who exactly is Dr. Michael Welner? Jonathon Kay of the National Post looked into his background and found he was on par with other purveyors of junk science - this case Dr. Welner has his "depravity scale". Kay quotes an article in the Literary Review of Canada by Reg Whitaker supplies some clues. (Whitaker, in case you haven’t heard of him, is Distinguished Research Professor Emeritus at York University, member of the Advisory Panel to Justice O’Connor on the Commission of Inquiry into the Maher Arar affair, and advisor to the Commission of Inquiry into the Air India bombing on the aviation security aspects of the Air India bombing — among other distinctions).



Welner is the inventor of something called the Depravity Scale that purports to measure criminals by the extent of their cruelty and brutality. Others have described this as junk science in which the moralism of the investigator undermines objectivity. Moralistic self-righteousness is certainly evident in statements he makes about Omar Khadr, who in Welner’s view is right off the Depravity Scale. This is evident in a bizarre appendix [to Ezra Levant's recent book] entitled, like a comedy sketch in some late-night TV show, “73 Reasons Omar Khadr Is Dangerous, According to Dr. Michael Welner.” This weird list says more about the minds of Welner and Levant than the mind of Khadr. Welner was supposed to prepare a psychiatric assessment of the potential danger posed by Khadr’s eventual release. Although he billed for hundreds of hours, Welner admitted that he spent only about 1.5 percent of his time actually interviewing Omar, whom he clinically described as a “radical jihadist.” The trouble was, this so-called top forensic psychiatrist in the United States had no previous experience dealing with radicalized Muslim youth. He had, however, heard of a Danish doctor, Nicolai Sennels, who had developed an assessment framework for former jihadists released from prison, which Welner proposed to apply to Khadr. Under cross-examination, Welner admitted that he had not actually read Sennels’s book, since it was only in Danish — although he had had one telephone conversation with him.


And who is this Danish doctor, Nicolai Sennels? Kay writes:

But it turns out he’s a garden variety Islamophobe who has written that “massive inbreeding within the Muslim culture during the last 1,400 years may have done catastrophic damage to their gene pool,” and warned about the “immature and psychologically unhealthy culture of Islam.”

“In an open letter to British prime minister David Cameron,” Whitaker notes, “Sennels opposed the Turkish bid to join the European Union. Describing the Koran as ‘a criminal book that forces people to do criminal things,’ he declared that Turkish immigrants are ‘incapable’ of integrating into ‘high-tech’ societies because widespread inbreeding in Turkey has dangerously lowered their IQ. Welner confessed to sharing some of Sennels’s political views. Which ones? We are not told.”

I’m wondering, Mr. Toews: If we were assessing the right of a Canadian black citizen to return to Canada, would we rely on the testimony of an “expert” whose “expertise” derived from the work of a bigot who railed against black immigration because blacks have lower IQs?

In any event, there you have it. From the mind of some Danish Islamophobic crackpot, to a credulous “expert witness” deployed by Khadr’s prosecutors, to the appendix of Levant’s hysterical book, and into the fevered mind of our Public Safety Minister, who’s last brush with fame was telling Canadian civil libertarians that they are all a bunch of child pornographers.

http://fullcomment.n...s-khadr-policy/

This is typical of the approach the Harper government has taken in dismissing expert opinions by eminently qualified experts where it does not accord with their partisan political view and go with crackpot junk science.

Hopefully Corrections Canada and the National Parole Board have the native expertise to sort out the crackpot opinions from the likes of Welner and Toews when assessing Omar Khadr.

Edited by Wetcoaster, 11 October 2012 - 05:46 PM.

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#772 Sharpshooter

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Posted 11 October 2012 - 05:46 PM

And it was PM Chretien who directly and personally while on a state visit to Pakistan who lobbied Pakistani PM Benazir Bhutto to release Omar's father, Ahmed Khadr from detention. Khadr senior had been arrested by the Pakistanis on suspicion of terrorist ties. He was released.


I submit my own editorial.

Chretien set the table and Harper helped himself to seconds. There's enough 'shame on you' to go around, imo, and I'm pretty sure you'd agree with that assertion.

And this, the handling of things from the start till now, is so far beyond party politics or 'my guy versus your guy'. It's about following the laws and treaty's that make Canada an example for the rest of the world, and that's, the example for the rule of law, is something that we ceded from the start of this case and it should be something that all Canadians should be ashamed of in a shared way....well, those that are capable of experiencing any.

This case still irks me something fierce. <_<
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#773 Buddhas Hand

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Posted 11 October 2012 - 11:46 PM

The Liberals were no better. They stood mute for four years until they were in opposition and then found religion.


When political parties advocate something in opposition that they would not implement themselves when in government , well i i feel like laughing and puking at the same time .

Edited by The Ratiocinator, 11 October 2012 - 11:48 PM.

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#774 Wetcoaster

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Posted 14 October 2012 - 03:59 PM

Ezra Levant, he of the ignore the facts and evidence - has been again promoting the biased fantastical ramblings of Sergeant Layne Morris who was blinded in one eye by shrapnel during the firefight in which Omar Khadr was wounded and captured by US forces.

As was pointed out during the Khadr case before the military tribunal, Layne Morris was the source of much of the ongoing misinformation such as Christopher Speer being an unarmed medic ( misinformation that Levant promoted on his website) and that Khadr was the only person alive and fighting at the time US forces entered the compound after the airstrikes and rocket attacks to neutralize opposition.

The problem of course for Morris is he is simply spinning tales as he was injured (and then evacuated) before the compound was breached. According to the Criminal Investigation Task Force witness statements before the military tribunal a soldier Identified as "OC-1" (believed to be Delta Force) was the first into the compound after the airstrikes and rocket attacks who killed an adult fighter armed with an AK-47 with a head shot on entry to the compound. This kill was also confirmed by another US soldier known as "Soldier 2" who was the one who found Khadr wounded and buried under rubble from the earlier airstrikes and rocket attacks when he stood on a pile of rubble that shifted under his feet. The adult fighter and Khadr being buried under a pile of rubble were conformed by photographs taken as the assault element entered the compound.

As OC-1 said in his witness statement to the US military Criminal Investigation Task Force:

He heard moaning coming from the back of the compound. The dust rose up from the ground and began to clear, he then saw a man facing him lying on his right side. - identified this man as the man photographed in Attachment 7). The man had an AK 47 on the ground beside him and the man was moving. - fired one round striking the man in the head and the movement ceased.


It was also revealed that the official action combat report by Colonel "W" had been amended several months after the firefight to remove any reference to an adult fighter with an AK-47 being alive and subsequently killed in the assault.

As Khadr's defence counsel noted it was myth that only Khadr was alive and fighting and that being buried under rubble he could not have thrown the grenade. The witness statements were deliberately hidden from the defence and only came to light when they were accidentally disclosed in a media briefing. The prosecution fought to have the evidence excluded and/or prevent a witness called (Soldier 2) and the presiding judge was more than happy to assist.


The photographs taken upon entry confirmed the accounts of OC-1 and Soldier 2 of the adult fighter who was alive and more importantly there was pile of rubble under which Omar Khadr had been buried during the earlier bombardment. Soldier No. 2 accidentally stepped on Khadr because he did not see him under the rubble and he "thought he was standing on a `trap door' because the ground did not seem solid." He then "bent down to move the brush away to see what was beneath him and discovered that he was standing on a person; and that Mr. Khadr appeared to be `acting dead.' "

The presiding judge refused to enter the photographs into evidence and refused to allow the defence to call Soldier 2 as a witness - the prosecution had refused to identify "Soldier 2" to the defence so that he could be interviewed. The above ruling is Kafkaesque - the military after hiding the potentially exculpatory evidence for years refuses to disclose the identity of "Soldier 2" and then the presiding judge used the fact the defence had not spoken with soldier 2 to get a "proffer" (synopsis) of his testimony to refuse to issue an order for him to appear as witness.

Asked afterward why the judge didn't allow him to enter the photographs into evidence, Cdr. Kuebler told reporters: "Because they show he's innocent." In a rare occurrence, the chief and deputy chief of the defence staff at Guantanamo joined Cdr. Kuebler at a press conference after the court session to blast the judge's decision.

And in 2008 when it was brought to the attention of Layne Morris that Omar Khadr was not the only person alive when the compound was breached in a CBC interview he had this to say:


A U.S. soldier said he was shocked to hear a new witness account that Canadian Omar Khadr wasn't the only one who could've lobbed a grenade that killed his military colleague, but maintains there is evidence it was him.


"That was a surprise. I talked to almost everybody who was in that compound or there that day and none of them mentioned that there was actually two guys alive in there," Sgt. Layne Morris told CBC Radio's The Current on Wednesday.


A classified document accidentally released earlier in the week said a second fighter was found alive in the suspected al-Qaeda compound when U.S. soldiers entered.


The account casts doubt on the official version of what happened in the firefight that saw U.S. medic Sgt. First Class Christopher J. Speer killed by a grenade.

...


Officials later revealed nobody witnessed Khadr throw the grenade, but said that wasn't necessary because Khadr was the only al-Qaeda fighter left alive, and therefore the only person who could've tossed the weapon.

But the classified document, quoting an unidentified soldier, states that the soldier entered the back of the compound and killed the first fighter, who had an AK-47 rifle close to him.

http://www.cbc.ca/ne...adr-morris.html

Obviously you should never confuse Layne Morris with facts and evidence and he continues to push this myth.

Now Morris is back at spinning more fantasy tales. As the evidence before the military tribunal clearly showed no US military personnel actually saw who threw the grenade that killed Speer because the grenade was lobbed from behind a 8 foot wall. It was that for that reason that the US military strove mightily to push evidence that only Khadr was alive and fighting when the US assault element breached the compound. We now know that is a myth and contradicted by direct evidence.

And yet in spite of this evidence Morris has continued to push the myth of Omar Khadr as the last one alive in the compound when the US assault element entered.

Now Layne Morris has a new fantasy version of what occurred as conveyed to Ezra Levant:


In an exclusive interview with Ezra Levant to air Friday on The Source on Sun News Network, former U.S. Special Forces Sgt. Layne Morris offers his account of the sequence of events that led up to Sgt. Christopher Speer's death and to Khadr and Morris being wounded.

...

On July 27, Morris set out with U.S. military team to secure a nearby compound. U.S. and Afghan troops surrounded the site but were ignored by those inside.


“When our interpreters started to call out in Pashtun to try to talk to these men inside, they popped up and leaned over the wall and shot the interpreters point blank in the head, killing both of them instantly,” said Morris.


A brief firefight broke out before the U.S. soldiers retreated and waited for air power “to simply bomb the compound into submission,” he said.


As (the U.S. troops) were going through the rubble, looking for bodies, looking for intelligence materials, Omar, who was hiding in some of the rubble, when the team got close enough, Omar popped up, shot his pistol at them and threw the hand grenade (that killed Speer.)


http://www.torontosu...-khadrs-capture

Leaving aside the fact that no one actually witnessed this piece of fiction that is rattling about in Morris' addled brain, it does not even fit within the evidence of the US military sequence of events as Speer was killed prior to any US combatant entering the compound.

And some more fiction from Morris...


Layne Morris, a former sergeant with the U.S. special forces, told Ezra Levant on Sun News Network's program The Source that Christopher Speer, the U.S. army medic killed by Khadr, was operating from an army outpost in eastern Afghanistan secured by Canadian soldiers. That would have been clear to anyone watching the base, as a Canadian flag flew prominently overhead.


Morris says Khadr would have known the IEDs he was building and planting would be targeting Canadians as well as Americans.


"I've often wondered when I heard that Omar engaged in those activities, I wonder if he was conflicted at all to look at Canadians running that base. And I wonder if he said to himself, 'wow, those are my countrymen. I shouldn't be engaged in this type of conflict against them,'" Morris said.


Asked about Morris' statement, Toews said Friday that Khadr was now in the hands of Corrections Canada and the National Parole Board, and any further legal proceedings are outside his jurisdiction.


University of Ottawa law professor Carissima Mathen said both the federal and provincial governments have the power to lay treason charges but that it would likely be a challenging case for the Crown to pursue.


"You can't just show he should have known (Canadian soldiers were there), you would have to show beyond a reasonable doubt he did know," she said.


http://www.torontosu...reason-question
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#775 Sharpshooter

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Posted 14 October 2012 - 04:38 PM

It just goes to show that the U.S. wanted a fall guy to pay for Spears' death and they settled for a fall-boy.

I honestly don't how these men can sleep at night.
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#776 Sharpshooter

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Posted 16 October 2012 - 04:53 PM

Wet,

What's your opinion on how this judgement could affect the legitimacy of the sentence on Khadr, and the enforcement of it, as imposed by a military tribunal that questions the evidence which it is allowed to take into consideration in judgement and sentencing?

Salim Hamdan Dismissal Jeopardizes Remaining Guantanamo Military Trials


WASHINGTON -- A federal appeals court decision to overturn the conviction of Salim Hamdan, Osama Bin Laden's driver, may vastly complicate trials for many of the remaining terrorist suspects at Guantanamo Bay, and make even more untenable any solution for dealing with those who can neither be tried nor released.

Hamdan had been convicted by a military commission of providing material support to terrorists, but the conservative Second Circuit Court of Appeals in Washington threw out the conviction in a ruling announced Tuesday. The appeals court said that providing such support was not a crime under the international rule of law at the time that Hamdan was linked to Bin Laden.

Hamdan had been tried under the 2006 MIlitary Commissions Act, which Congress was forced to write after courts overturned Hamdan's first conviction in the original military court set up in the Bush administration to prosecute terrorism suspects. The D.C. circuit concluded the 2006 law could not be applied retroactively, handing a stinging rebuke to the military commission judges and lawyers.

But the ruling also has a potential immediate practical impact: Any suspects facing charges that had not been considered violations of international law of war before 2006 may be cleared under similar reasoning.

"This calls into question the fundamental legitimacy of the military commission system," said Raha Wala, counsel at the
Law and Security Program of Human Rights First. "You have a law of war tribunal trying to prosecute people for what the court has now said are not law of war violations, and it's trying to do so retroactively in violation of fundamental due process principles."

Of 166 captives still held at the Guantanamo prison -- at a cost of about $800,000 a year each -- the Obama administration has designated 36 for trial. All are for crimes allegedly committed before 2006. It is not known outside of the administration what specific crimes are charged, and the Obama White House has suggested it would shy away from material support charges that Hamdan was convicted of.

But a similar category of charge involves conspiracy, also not generally recognized under the law of war.

Indeed, such a case is on appeal currently by the same court -- the 2008 conviction of Ali Hamza Ahmad Suliman al Bahlul. Al Bahlul, Bin Laden's publicity director and personal assistant, was convicted by the military commission of providing material support, as well as conspiracy.

Taking the charge of conspiracy out of the equation may leave the alleged 9/11 plotters as the only detainees at Guantanamo who can be brought before military commissions.

At the same time, Congress has barred transferring any of the suspects to federal court, where they could be tried.

The case also shines a harsh light on current law, passed as part of the 2012 National Defense Authorization Act, which allows people to be held indefinitely on charges more vague than what the court found impermissible in Hamdan's case. A provision of the 2012 NDAA says anyone, including Americans, can be held if suspected of providing undefined "substantial support" to forces associated with Al Qaeda.

The Obama administration has pledged not to use that part of the law. But a future administration is not bound by that pledge.


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#777 Wetcoaster

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Posted 16 October 2012 - 06:21 PM

Wet,

What's your opinion on how this judgement could affect the legitimacy of the sentence on Khadr, and the enforcement of it, as imposed by a military tribunal that questions the evidence which it is allowed to take into consideration in judgement and sentencing?


Here is the decision:


United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
October 16, 2012

No. 11-1257

SALIM AHMED HAMDAN, PETITIONER

v.

UNITED STATES OF AMERICA, RESPONDENT

On Petition for Review from the United States Court of Military Commission Review
http://www.lawfarebl....C.-Circuit.pdf

It seems a real US court has yet again struck a mortal blow at the latest incarnation of this bastardized court system known as the Military Tribunal Commission at Guantanamo Bay. The last time this occurred Congress tried to get around that decision - and this is the result. It seems Congress has an "O'Fer" going here.

The Court of Appeals calls into question the basis of the system and the crimes invented by US congress and also takes as shot at the ex post facto nature of the lawmaking. The decision finds that there was no foundational basis in international law for the crime of providing material support to terrorists.


"This calls into question the fundamental legitimacy of the military commission system," said Raha Wala, counsel at the Law and Security Program of Human Rights First. "You have a law of war tribunal trying to prosecute people for what the court has now said are not law of war violations, and it's trying to do so retroactively in violation of fundamental due process principles."

Precisely the criticisms levelled against this unjust rigged system in the Omar Khadr case.

In this case it may be that Khadr's Canadian legal counsel may choose to file a habeas corpus application or seek a declaration that the convictions are a nullity. In that case Khadr the argument would be that Khadr is entitled to be released immediately as the underlying reason for his detention is unlawful.
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#778 Sharpshooter

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Posted 16 October 2012 - 08:20 PM

Here is the decision:


United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
October 16, 2012

No. 11-1257

SALIM AHMED HAMDAN, PETITIONER

v.

UNITED STATES OF AMERICA, RESPONDENT

On Petition for Review from the United States Court of Military Commission Review
http://www.lawfarebl....C.-Circuit.pdf

It seems a real US court has yet again struck a mortal blow at the latest incarnation of this bastardized court system known as the Military Tribunal Commission at Guantanamo Bay. The last time this occurred Congress tried to get around that decision - and this is the result. It seems Congress has an "O'Fer" going here.

The Court of Appeals calls into question the basis of the system and the crimes invented by US congress and also takes as shot at the ex post facto nature of the lawmaking. The decision finds that there was no foundational basis in international law for the crime of providing material support to terrorists.


"This calls into question the fundamental legitimacy of the military commission system," said Raha Wala, counsel at the Law and Security Program of Human Rights First. "You have a law of war tribunal trying to prosecute people for what the court has now said are not law of war violations, and it's trying to do so retroactively in violation of fundamental due process principles."

Precisely the criticisms levelled against this unjust rigged system in the Omar Khadr case.

In this case it may be that Khadr's Canadian legal counsel may choose to file a habeas corpus application or seek a declaration that the convictions are a nullity. In that case Khadr the argument would be that Khadr is entitled to be released immediately as the underlying reason for his detention is unlawful.


And that would make the HC application more viable because of this ruling, yes?

Would that have to be argued in US courts, or would that be able to be brought up here?
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#779 Wetcoaster

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Posted 16 October 2012 - 08:50 PM

And that would make the HC application more viable because of this ruling, yes?

Would that have to be argued in US courts, or would that be able to be brought up here?

The counter argument would be that this was only a voidable verdict and it continues to have effect up to the time this decision came down. Khadr did not appeal the convictions at the time.

OTOH Khadr's counsel would argue that the convictions were void at the time they were entered - this is the old void ab initio as opposed to voidable.

The case would be filed here and heard here.
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#780 Sharpshooter

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Posted 16 October 2012 - 08:54 PM

The counter argument would be that this was only a voidable verdict and it continues to have effect up to the time this decision came down. Khadr did not appeal the convictions at the time.

OTOH Khadr's counsel would argue that the convictions were void at the time they were entered - this is the old void ab initio as opposed to voidable.

The case would be filed here and heard here.


Couldn't he also argue some mitigating circumstance, such as the threat of life-long incarceration based on duress coming from his military handlers? For instance.

Never heard that latin phrase of legality, thanks for teaching me something new.
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