Canadian Appeals Court Rules That Former Guantánamo Prisoner Omar Khadr Should Be Serving a Youth Sentence

Good news about Guantánamo is rare —  whether regarding those still held, or those released — so it was reassuring to hear this week that the Court of Appeal in Alberta, Canada, delivered a major blow to the Canadian government’s efforts to hold former prisoner Omar Khadr in federal prison rather than in a provincial jail. Khadr is serving an eight-year sentence handed down in a plea deal at his trial by military commission in Guantánamo in October 2010, and has been held in federal prisons since his return to Canada, where he was born in 1986.

The 27-year old was just 15 years old when he was seized in Afghanistan after a firefight with US forces in a compound. He had been taken there, and deposited with some adults, by his father, but on his capture, when he was severely wounded, he was abused in US custody and eventually put forward for a war crimes trial, even though, as a juvenile at the time of the alleged crime, he should have been rehabilitated rather than punished according to an international treaty on the rights of the child signed by the US (and by Canada), even though there is no evidence that the allegation that he threw a grenade that killed a US soldier is true, and even though there is no precedent for claiming that a combat death in an occupied country is a war crime.

Khadr has since explained that he only agreed to the plea deal because he could see no other way of ever getting out of Guantánamo, and last November, via his US civilian lawyer, Sam Morison, he appealed in the US for his conviction to be overturned. In recent years, US appeals court judges have delivered two devastating rulings, overturning two of the only convictions secured in the military commissions, in the cases of Salim Hamdan and Ali Hamza al-Bahlul, on the basis that the war crimes for which the men were convicted were not war crimes at the time the legislation authorizing the commissions was passed — and had, in fact, been invented by Congress. Read the rest of this entry »

Canada’s Prison Ombudsman Still Critical of Classification of Omar Khadr, Former Guantánamo Prisoner

Two weeks ago, I wrote about how, for the first time since his return to Canada from Guantánamo in September 2012, Omar Khadr, the Canadian citizen and former child prisoner of the US, has been downgraded from a high-security risk to a medium-security risk, and moved for the maximum-security prison in which he had been held, in Edmonton, to the Bowden Institution in Alberta province, a medium-security facility with a minimum-security annex.

I also noted how this move “punctures the prevailing rhetoric — from the government, and in the right-wing press — that Khadr is a dangerous individual,” and, it should be noted, it also enables him to be able to apply for parole.

Neverthless, Ivan Zinger, the executive director of the independent Office of the Correctional Investigator (Canada’s prison ombudsman), is still critical of the position taken by the prison authorities. Last week, Colin Perkel of The Canadian Press reported that, in a letter to the Correctional Service of Canada’s senior deputy commissioner, Zinger wrote that the correctional authorities had “unfairly classified” Khadr, “even though they lowered his risk rating from maximum to medium security.” Read the rest of this entry »

Progress in Canada: Former Guantánamo Prisoner Omar Khadr Moved to Medium-Security Prison

For the first time since his return to Canada from Guantánamo in September 2012, Omar Khadr, the Canadian citizen and former child prisoner of the US, has been downgraded from a high-security risk to a medium-security risk. The move punctures the prevailing rhetoric — from the government, and in the right-wing press — that Khadr is a dangerous individual.

This lamentable rhetoric is the product of three particular factors: racism and/or Islamophobia; a hypocritical refusal to recognize the rights of child prisoners, despite a Supreme Court judgment that was severely critical of the government; and a deliberate refusal to recognise that Khadr’s plea deal at a military commission trial in Guantánamo had nothing to do with justice and guilt, and was agreed to solely to secure his release from Guantánamo, and his return home to Canada, where he was born 27 years ago.

Khadr was just 15 years old when he was seized by US forces, in a severely wounded state, after a firefight in Afghanistan in July 2002. According to the Optional Protocol to the UN Convention on the Rights of the Child on the involvement of children in armed conflict, which came into force in February 2002, and which both the US and Canada then ratified, juvenile prisoners — those under 18 when their alleged crimes take place — “require special protection.” The Optional Protocol specifically recognizes “the special needs of those children who are particularly vulnerable to recruitment or use in hostilities”, and requires its signatories to promote “the physical and psychosocial rehabilitation and social reintegration of children who are victims of armed conflict.” Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo, co-director, We Stand With Shaker. Also, singer and songwriter (The Four Fathers) and photographer (The State of London).
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