Omar Khadr to Appeal War Crimes Convictions

[Wetcoaster]

Under the terms of the plea agreement Khadr agreed to not challenge the convictions Canadian courts upon his return. However the agreement does not prevent him from appealing to a US civilian federal court. And that is what Khadr is planning to do and the legal team has been assembled.

A couple of recent cases have called into question the validity of crimes similar to those of which Khadr stands convicted. Working in Khadr’s favour are two similar military commission verdicts which American appeal courts have already thrown out after ruling the crimes did not exist under international law of war at the time of alleged commission. It has been a generally accepted legal principle that a government cannot create a crime ex post facto and that is precisely what the US did with Khadr.

Last October an American appeal court dismissed Osama bin Laden’s driver Salim Hamdan’s 2008 conviction for providing material support for terrorism. The court ruled no such crime existed under international law of war at the time of the alleged offence and retroactive prosecutions were not authorized.

In January, the same court threw out the conviction of Ali Hamza al-Bahlul, a Yemeni who was charged with providing material support to terrorism and conspiracy for making propaganda videos for Al Qaeda.

Since the "crimes" of which Khadr was convicted were created under US law after the alleged acts occurred and since they are not crimes under international law, it seems Khadr has a strong case.

In the event that the US civilian court vacates the convictions there would be no grounds upon which to continue to hold Khadr here in Canada nor would the Canadian Parole Board have any jurisdiction.

And if the military tribunal commission and convictions are nullity then any plea agreement would also be a nullity and open the possibility that he could co what the plea agreement prevented him from doing - he could sue the United States for torture and false imprisonment.

Omar Khadr will appeal war crimes convictions, lawyer says

Legal team expects convictions will be overturned in U.S. civilian court

Omar Khadr will appeal his plea-bargained guilty plea and war crimes convictions in a U.S. civilian federal court, his Canadian lawyer has told CBC News.

Khadr, 26, has been held in maximum-security Millhaven Institution in Bath, Ont., since he was returned to Canada last September from Guantanamo Bay where he had been held for a decade.

The transfer was as a result of a plea deal reached with prosecutors in October 2010 when Khadr pleaded guilty to and was convicted of killing Sgt. 1st Class Christopher Speer – an American medic in the U.S. army – with a hand grenade in Afghanistan in 2002, when he was 15.

As part of the plea, Khadr also confessed before a military commission in Guantanamo Bay to five war crimes, including murder in violation of the law of war, attempted murder in violation of the law of war, conspiracy, providing material support for terrorism, and spying.

He also agreed not to be part of any lawsuit against the United States or to enter the country after his transfer to Canadian custody or to profit from any publication of his story.

Khadr's charges, according to his lawyer, Dennis Edney, "are not recognized international law–of–war offences. We questioned the validity of the charges before the Military Commission Process."

The charge of murder in violation of the law of war is "particularly offensive and not recognized by any legal observers outside the commission process," Edney said.

"We expect the military tribunal convictions will be overturned considering the present state of the law and ultimately putting to rest the Harper government's characterization of Omar Khadr as a war criminal and a terrorist."

Question of international law

The U.S. Office of the Chief Defense Counsel has named lawyer Sam Morison to lead an appellate team of attorneys to represent Khadr.

"My job at this point is to advise [Khadr] of his post-trial rights and then proceed as he directs," Morison told CBC News in a telephone interview on Saturday.

Khadr's legal team believes that "none of the charges" to which he pleaded guilty are war crimes under international law.

"If we are correct about that then the convictions are invalid and would have to be vacated," Morison said.

Khadr's U.S. lawyer expects the U.S. Court of Appeals for the District of Columbia Circuit to overturn Khadr's convictions based on two previous rulings where two of Osama bin Laden's aides who were convicted at Guantanamo later saw their terrorism convictions overturned.

Khadr agreed to a sentence of eight years, with no credit for time served, with the first year spent in U.S. custody.

Under Canadian law, Khadr will be eligible for a parole hearing in July, at which point he will have served one-third of his sentence.

Response from Ottawa

Julie Carmichael, a spokesperson for Public Safety Minister Vic Toews, issued a statement to CBC News on Saturday afternoon regarding Khadr's decision to appeal.

"Omar Khadr is a convicted terrorist," the statement said. "Decisions related to his future will be made by the Parole Board of Canada."

According to Morison, if Khadr is successful in his appeal, the Canadian government would have to release him from jail immediately.

"There would be no basis for Canada, for the Canadian government, to take a position on this one way or the other."

"Under the provisions of an international transfer agreement, the receiving state … takes responsibility for executing the judgment. But they have no role in determining the validity of the underlying conviction. That's a matter for the U.S. courts," Morison said.

"If the U.S. courts were to throw out Khadr's convictions, there would no longer be any legal basis to hold him in prison."

http://www.cbc.ca/news/canada/story/2013/04/27/pol-omar-khadr-appeal.html

[canucks#01fan]

Hes fighting a lost cause IMO

[Wetcoaster]

Hes fighting a lost cause IMO

[Offensive Threat]

He can appeal, and possibly win, the charge of providing material support for terrorism but what about the murder conviction? Wouldnt that still stand?

[Wetcoaster]

He can appeal, and possibly win, the charge of providing material support for terrorism but what about the murder conviction? Wouldnt that still stand?

[Wetcoaster]

And it appears Vic Toews is again making decisions based not upon the facts but rather is playing politics.

CBC is reporting that Vic Toews has overruled a decision by the the warden of Millhaven Institution where Khadr is being held in maximum security who twice approved a telephone interview request made by the news agency in January.

And according to public servants familiar with the process and former Liberal Solicitor General Wayne Easter this is highly unusual. Sounds like the government is upping the tally for a future award of damages for its wrongful conduct towards Kahdr.

A federal cabinet minister rejected a request for a prison interview with former Guantanamo Bay detainee Omar Khadr even though the warden gave it a green light — a move some are denouncing as extraordinary political interference.

Documents obtained by The Canadian Press under the Access to Information Act show the warden of Millhaven Institution, where Khadr is in maximum security, approved the interview request made by the news agency in January, only to be overruled.

The refusal came from the office of Public Safety Minister Vic Toews to Correctional Service Canada (CSC), records show.

Under normal procedure, the warden of an institution makes the final call on granting a reporter access to an inmate, subject to a CSC policy known as Commissioner's Directive 022.

Among other things, the directive requires agreement from the prisoner to talk to the reporter, and any interview cannot pose a security threat.

The documents show Prime Minister Stephen Harper's own department immediately flagged the initial interview application, and asked to be kept in the loop.

"We'd be interested if anything develops on the (request)," Christopher Williams, a senior analyst with Privy Council Office, wrote in an email to Correctional Service Canada.

In this case, Millhaven Warden Kevin Snedden approved a telephone interview with Khadr. Documents show regional headquarters supported his decision.

"Following the warden's detailed assessment of the request against Commissioner's Directive CD-022, it was concluded that the request complies," Christa McGregor, senior media relations adviser, wrote in an email Feb. 22 to senior ministry and ministerial staff in Toews' office.

Within 90 minutes, however, the request was nixed.

"This interview is not approved," Julie Carmichael, Toews' director of communications, responded in a terse internal email.

Move called unusual

The decision to overrule the warden took Correctional Service insiders by surprise, prompting a further flurry of emails that reached the highest levels of the ministry.

A public servant familiar with the file, who insisted on anonymity out of fear of government retribution, said what had happened was highly unusual.

The interview request was "subjected to significant and extraordinary scrutiny from CSC's national headquarters and overt political interference," the person said.

"The warden approved of the interview taking place — and approved again after being told to reassess — before finally, and after much 'off-line' conversation with direct pressure from headquarters and the minister's office, denying the request."

It was not immediately clear what role the cabinet office played.

Wayne Easter, a former Liberal solicitor general, expressed surprise at Toews' involvement, saying he couldn't think of an instance where something similar had happened during his time in office.

"It's very much overstepping the bounds of the minister's jurisdiction," Easter said. "As long as the protocols are met, (the interview) should go ahead."

Appeal by Khadr

Khadr has been housed in Millhaven west of Kingston, Ont., since his transfer last September to Canada from Guantanamo Bay, where he had already spent 10 years behind bars.

He had pleaded guilty before a widely discredited military commission in October 2010 to five war crimes — among them killing a U.S. special forces soldier — committed as a 15 year old in Afghanistan. He was given a further eight years behind bars.

Khadr, a 26-year-old Toronto native, will be appealing his plea-bargained guilty plea and war crimes convictions in a U.S. civilian federal court, his Canadian lawyer Dennis Edney told CBC News on Saturday.

The U.S. Office of the Chief Defense Counsel has named lawyer Sam Morison to lead an appellate team of attorneys to represent Khadr.

Khadr's legal team believes that "none of the charges" to which he pleaded guilty are war crimes under international law, Morison told CBC News in a telephone interview on Saturday.

If the court agrees with Khadr's legal team, it could prompt his release from prison.

Interview said to pose security risk

In its refusal of the of the interview request — denounced by Khadr's lawyer as Conservative government "propaganda" aimed at demonizing him by keeping him out of the public eye — Correctional Service Canada cited the commissioner's directive for rejecting the interview.

It said access could pose a security risk or be disruptive, and would undermine his correctional plan.

Nowhere in the records is there any indication the warden initially found those to be issues.

Asked to comment on the minister's interference in the process, Carmichael would only say Toews expects consideration of interview requests to take into account the "nature of the offences" of which the individual has been convicted.

All requests to talk to other bureaucrats or political operatives involved were denied, with media relations officials citing the Privacy Act.

http://www.cbc.ca/ne...ew-request.html

[thedestroyerofworlds]

The true test of a society is not how the people at the top are treated, but how the people at the bottom are. The Khadr case has illustrated how right-wingers have trampled all over our rights and the rights of others. I hope he wins. I hope the right wingers get their humble pie

[taxi]

The true test of a society is not how the people at the top are treated, but how the people at the bottom are. The Khadr case has illustrated how right-wingers have trampled all over our rights and the rights of others. I hope he wins. I hope the right wingers get their humble pie

[thedestroyerofworlds]

He's on video creating and placing IEDs in areas that Canadian soldiers entered. He does it with a grin on his face. If he gets out of his punishment, which was very lenient due to the fact he was a minor, it will be because he is exploiting loopholes in the legal system. Not the other way around.

[taxi]

Loopholes. They (the US) held him for years until they "created" the laws, etc. to "charge" him with. If you or I commit a "crime", the law has to be on the books, not "made up" after the fact.

[thedestroyerofworlds]

No, it doesn't. He was caught in a foreign jurisdiction committing treason. It's perfectly acceptable to hold militants in custody while a conflict is ongoing. You're also wrong about your facts. The law he was charged under, was signed on October 21, 2011. Khadr was not caught until July 27, 2002. Not to mention, just about everything he did was in total violtation of the pre-existing laws of war.

Khadr and his family have consistently lied about their involvement with the Taliban and Al Queda in Afghanistan. They've been caught red handed lieing. Omar Khadr is up for parole in a few months. He's very luck to hold a Canadian passport.

[taxi]

He pleaded guilty to throwing a grenade. He's on video doing multiple things that are much worse. The throwing the grenade thing is really a red herring. If you cannot get him on that charge, there are many many other charges.

And yes his being 15 is a factor. That's why he is up for parole THIS YEAR, as opposed to the multiple life sentences an adult would have received. Also, according to international law, special treatment is only given to child soldiers under 15. After the age of 15 you can be held accountable for your actions.

Khadr and his family are weasels. Khadr pled guilty in order to avoid a much larger investigation into his actions. Now he's trying to weasel out of that plea. Once again, he is very luck to hold a Canadian passport. Your tax dollars are now paying to incarcerate and care for a militant who spent only a very brief part of his childhood in Canada. Omar spent his entire life in Afghanistan and Pakistan. His family only stayed in Canada for brief periods of time when they needed to give birth to a child to preserve citizenship or take advantage of our health care system.

You also misunderstand how laws work. 1) an absense of law or unclearly defined law in an area does not mean you get away scott free; and 2) laws can be applied retroactively. Once again, this is all a bit of a red herring. The laws he pled guilty to existed before he committed the acts he pled guilty to.

[Wetcoaster]

He's on video creating and placing IEDs in areas that Canadian soldiers entered. He does it with a grin on his face. If he gets out of his punishment, which was very lenient due to the fact he was a minor, it will be because he is exploiting loopholes in the legal system. Not the other way around.

[Wetcoaster]

No, it doesn't. He was caught in a foreign jurisdiction committing treason. It's perfectly acceptable to hold militants in custody while a conflict is ongoing. You're also wrong about your facts. The law he was charged under, was signed on October 21, 2011. Khadr was not caught until July 27, 2002. Not to mention, just about everything he did was in total violtation of the pre-existing laws of war.

Khadr and his family have consistently lied about their involvement with the Taliban and Al Queda in Afghanistan. They've been caught red handed lieing. Omar Khadr is up for parole in a few months. He's very luck to hold a Canadian passport.

[taxi]

Really? Not according to the evidence actually filed during his trial.

Loopholes??? These are basic rights which as the Supreme Court of Canada has ruled were trampled.

Ex post facto laws, admissions obtained by torture, failure to comply with basic legal standards, etc.

[taxi]

Treason??? Not under Canadian law. And had he been extradited and charged in Canada he would have been acquitted not just on substantive grounds but because his treatment would have been so offensive and his Charter and international legal rights so badly abused that I can conceive of no Canadian court that would have allowed charges to go forward. And he would have had ot be dealt with as a minor under Canadian law.

Heck even the the US civilian courts would have tossed the charges which is why they had to go via a rigged military tribunal commission as the court system to extort a guilty plea.

And he was only able to be held because the US completely disregarded international law and created crimes that were not in existence at the times of the alleged acts and then charged him with said acts.

He is not lucky to hold a Canadian passport, he is a natural born Canadian citizen.

[Wetcoaster]

Firstly, you know full well that laws can be applied retroactively in the USA.

[taxi]

^^^^^

International law states that once a chlid reaches the age of 15, you can detain them.

And yes, Khadr is very luck to hold a Canadian passport. He has no ties to this country. Canada is one of the few countries in the world where you are awarded citizenship merely because your mother happened to give birth to you on Canadian soil. Omar lived in Canada for brief periods of time. The only time when he lived in Canada for more than a few months was in 1992, when he was here for about a year. The only reason his family moved back in 1992 was so that his father could take advantage of Canadian health care after being wounded in a battle in Afghanistan. The family moved back to Afghanistan/Pakistan to continue aiding the Taliban as soon as Ahmed Khadr had recovered from his injuries.

I don't disagree with you that Khadr is also a victim (it's possible to be both a victim and guilty at the same time). Which is why a serious investigation needs to be done on the people who turned him into a soldier, IE his family. The answer isn't to give Omar money or wipe his criminal record. The answer is to charge his mother and other relatives who actively participated in the process that eventually resulted in Omar building bombs that were used on Canadian soldiers.

Essentially what you are arguing is that anyone introduced into an awful lifestyle by their parents should be let go without any repercussion. Should we apply the same logic to rapists, murderers, theifs, etc.. who've grown up in bad homes. Obviously not, we need to charge people but take their background into account during sentencing. This is exactly what's happened with Omar. Like I said before, he's up for parole THIS YEAR. If he'd been an adult, he'd be looking at multiple life sentences. Ther would have been no plea bargain.

[Wetcoaster]

^^^^^

International law states that once a chlid reaches the age of 15, you can detain them.

[Wetcoaster]

Here is a Globe and Mail editorial on the political interference from Vic Toews in the decision to grant permission to interview Omar Khadr by telephone.

GLOBE EDITORIAL

Let Omar Khadr speak

Omar Khadr, a Canadian citizen, may be the only person in recent history convicted of (or even charged with) war crimes for offences committed when he was a juvenile. Canadians have a right to hear from him. Public Safety Minister Vic Toews won’t let them. He overruled a prison warden’s decision that would have allowed the Canadian Press to interview him.

For what possible reason would Mr. Toews interfere in an interview request with a prisoner? It is impossible to see how an interview would affect public safety. The only imaginable reason is political – a desire by at least some in the government to continue cultivating an image of Mr. Khadr, now 26, as an implacable terrorist. Allowing Canadians to come to their own opinion matters not at all.

Virtually from beginning to end, Mr. Khadr’s story has been bizaare. His father was a senior member of al-Qaeda who raised him from the age of 11 in Afghanistan, among terrorists. At 15 he was accused of killing a U.S. soldier and seriously wounding another in a battle in which he was wounded and barely survived. The U.S. passed a law saying it was a war crime for anyone to engage its soldiers in battle in Afghanistan. (A U.S. federal court have since said in two other cases that the country couldn’t create such war crimes after the fact.) For the next decade he was held in U.S. custody, mostly among the adult terrorists at Guantanamo Bay, Cuba, while Canada largely stood by. He was subjected to rough interrogations, and pleaded guilty in coercive conditions before a military tribunal. He may soon come up for a parole hearing in Canada.

There’s a lot Canadians would like to know. What does he think about his family’s support for al-Qaeda, and his own participation in a terrorist group? What was it like in Guantanamo? Why did he plead guilty? What are his aspirations? How can Canadians ever feel comfortable that he has left the terrorism of his youth behind?

Mr. Khadr should be treated as a prisoner like any other. The government of Canada, which has already been unanimously condemned by the Supreme Court for participating in violations of Mr. Khadr’s rights while he was in Guantanamo, should not be ordering a warden to keep a reporter away from him. Canadians have a right to find out who he is.

http://www.theglobea...rticle11665901/

And the Winnipeg Free Press:

Let Khadr speak

By:

Editorial

It took Canada years to agree to bring home Omar Khadr, a Canadian citizen who in 2010 agreed to plead guilty to charges of killing an American medic as a teenager fighting with al-Qaida in Afghanistan in 2002. Now, Public Safety Minister Vic Toews wants to keep him, and keep him quiet.

American lawyers assigned to appeal Khadr's convictions argue that the offences, including murder and attempted murder in violation of the law of war, were not crimes at the time. Mr. Toews' office says regardless of the outcome, Canada will decide Khadr's fate, an untenable position as the validity of the conviction and incarceration rests with the U.S. court. Two close aides of Osama bin Laden were freed under the same argument.

Canada for years refused to repatriate Khadr despite pleas from the U.S., and so he remained the last western inmate in Guantanamo prison until after the plea-bargained conviction.

Mr. Toews has also personally nixed a media interview with Khadr granted by Millhaven Penitentiary's warden and confirmed by Correctional Service Canada's brass. The vague explanation was that it may be a security risk, despite CSC's clearance on that point, and would undermine his correctional plan.

The minister's extraordinary intervention looks simply like more of the Harper government's heavy hand in departmental matters. Khadr, a mere al-Qaida cog, has never played a central role in a terrorist organization. Mr. Toews should respect his modicum of free expression and let him explain himself publicly. The rest, for now, is up to the Americans.

http://www.winnipegf...-205352271.html