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 »
I wrote the following article for the “Close Guantánamo” website, which I established in January 2012 with US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.
In two articles — this one and another to follow soon — I’ll be providing updates about the military commissions at Guantánamo, the system of trials that the Bush administration dragged from the US history books in November 2001 with the intention of trying, convicting and executing alleged terrorists without the safeguards provided in federal court trials, and without the normal prohibitions against the use of information derived through torture.
Notoriously, the first version of the commissions revived by the Bush administration collapsed in June 2006, when, in Hamdan v. Rumsfeld, the Supreme Court ruled that the commission system lacked “the power to proceed because its structures and procedures violate both the Uniform Code of Military Justice and the four Geneva Conventions signed in 1949.”
Nevertheless, Congress subsequently revived the commissions, in the fall of 2006, and, although President Obama briefly suspended them when he took office in 2009, they were revived by Congress for a second time in the fall of 2009. Read the rest of this entry »
I’ve been meaning for some time to post a video of my friend Todd Pierce, a retired major in the US Army JAG (Judge Advocate General) Corps, being interviewed on the “London Real” show run by US ex-pat — and former banker — Brian Rose.
Todd retired from the US military in November 2012, but he had previously been involved in representing two prisoners charged in the military commissions at Guantánamo, which, for prosecuting alleged war criminals in the “war on terror,” were revived by the Bush administration in November 2001 based on their use on would-be Nazi saboteurs in World War II. They were then ruled illegal by the Supreme Court in June 2006, revived again by Congress in the fall of 2006, and revived again under President Obama in 2009.
Todd was part of the legal team for Ibrahim al-Qosi, from Sudan, who accepted a plea deal and was freed in July 2012, and Ali Hamza al-Bahlul, who refused all representation, and was given a life sentence in November 2008 after a disgraceful one-sided trial. Ironically, al-Bahlul is one of two prisoners (along with Salim Hamdan) who shook the tattered credibility of the commissions in October 2012 and January 2013, when the appeals court in Washington D.C. threw out the convictions against both men on the basis that the alleged war crimes for which they had been convicted were not war crimes at all, and had been invented by Congress. In al-Bahlul’s case, the government has appealed, but a ruling has not yet been delivered, and he remains held. Read the rest of this entry »
Recently, a friend asked me for information about all the Guantánamo prisoners who have been put forward for military commission trials at Guantánamo, and after undertaking a search online, I realized that I couldn’t find a single place listing all the prisoners who have been charged in the three versions of the commissions that have existed since 2001, or the total number of men charged.
As a result, I decided that it would be useful to do some research and to provide a list of all the men charged — a total of 30, it transpires — as well as providing some updates about the commissions, which I have been covering since 2006, but have not reported on since October. The full list of everyone charged in the military commissions is here, which I’ll be updating on a regular basis, and please read on for a brief history of the commissions and for my analysis of what has taken place in the last few months.
The commissions were dragged out of the history books by Dick Cheney on November 13, 2001, when a Military Order authorizing the creation of the commissions was stealthily issued with almost no oversight, as I explained in an article in June 2007, while the Washington Post was publishing a major series on Cheney by Barton Gellman (the author of Angler, a subsequent book about Cheney) and Jo Becker. Alarmingly, as I explained in that article, the order “stripped foreign terror suspects of access to any courts, authorized their indefinite imprisonment without charge, and also authorized the creation of ‘Military Commissions,’ before which they could be tried using secret evidence,” including evidence derived through the use of torture. Read the rest of this entry »
Dennis Edney, Omar Khadr’s long-term Canadian civilian lawyer, has been in the UK since last week, on a tour organised by the London Guantánamo Campaign, so I’m posting details of his speaking events for anyone who has not yet heard him talk, and also to notify readers, supporters of Omar Khadr and opponents of Guantánamo that I’ll be joining Dennis at an event in Amnesty International’s Human Rights Action Centre in Shoreditch tomorrow evening. To support Dennis’s ongoing and extensive legal costs, please visit this page, and to support the costs of the UK tour, please see here.
Regular readers will know that I have been covering Omar’s story since I first began working on Guantánamo eight years ago. I wrote about him in my book The Guantánamo Files, and when I began writing articles on a full-time basis, in June 2007, Omar’s was one of the first cases that I addressed, when he was charged in the second version of the Bush administration’s troubled military commissions, after the first version was thrown out by the US Supreme Court for violating the Uniform Code of Military Justice and the Geneva Conventions — and, specifically, Common Article 3 of the Geneva Conventions, which prohibits torture and humiliating and degrading treatment, and requires any trials to be in “a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.”
Omar, of course, never received such protections, even when the commissions were revived with Congressional approval, or when, under President Obama, they were brought back for a second time. In the end, to be assured of ever leaving Guantánamo, he accepted a plea deal in October 2010, admitting to war crimes that had been invented by Congress, and, moreover, providing a permanent stain on the reputation of President obama, who not only allowed a plea deal based on invented war crimes to take place, but did so to a former child prisoner (just 15 when he was seized after a firefight in Afghanistan in July 2002), even though, according to the the Optional Protocol to the UN Convention on the Rights of the Child on the involvement of children in armed conflict, to which both the US and Canada are signatories, juvenile prisoners (those under 18 when their alleged crimes take place) must be rehabilitated rather than punished. Read the rest of this entry »
Good news from Canada, finally, as former Guantánamo prisoner Omar Khadr has been “reclassified as a medium-security risk,” and will be moved from Edmonton, where he is currently held as a maximum-security prisoner, to Bowden Correctional Institution, north of Calgary. The move will probably take place in the next few weeks, as the Edmonton Journal described it on Friday.
Khadr, who was just 15 years old when he was seized after a firefight in Afghanistan in July 2002, has persistently been treated with disdain by the Canadian government, which, for ten years, failed to stand up for his rights as a Canadian citizen and a juvenile prisoner.
When Khadr finally agreed to a plea deal at Guantánamo, just to be sent home, the Canadian government dragged its heels regarding its own part of the bargain. After the plea deal was agreed, during his trial by military commission at Guantánamo in October 2010, Khadr was supposed to spend just one more year at Guantánamo followed by seven years’ imprisonment in Canada after his repatriation, but it took 23 months for him to be returned, and, since his return, he has been held as a maximum-security prisoner, even though he has never been a high-risk prisoner.
Dennis Edney, the Edmonton lawyer who has been representing Khadr for ten years, explained how the decision to reclassify Khadr as “medium-security,” which was taken by Kelly Hartle, the warden at Edmonton, “reflects a ‘plethora of evidence’ from US authorities and Canada’s prison ombudsman that Khadr never was a maximum-security threat,” as the Edmonton Journal described it. Read the rest of this entry »
If you have the time to watch a 46-minute video about Omar Khadr, the Canadian citizen and former child prisoner held at Guantánamo for 11 years, then I heartily recommend the recording of a recent talk in Canada by Sam Morison, a civilian lawyer working for the US Department of Defense, who recently submitted an appeal against Khadr’s 2010 conviction in his trial by military commission, as I explained in an article two weeks ago entitled, “‘He Didn’t Commit a War Crime': Omar Khadr’s US Lawyer Challenges His Conviction at Guantánamo.”
The video of the talk, which took place at The King’s University College in Edmonton, was posted on the website of the Free Omar Khadr campaign, and is posted below, via YouTube. It was organized by the University of Alberta’s Chester Ronning Centre for the Study of Religion and Public Life and the Micah Centre at The King’s University College, and a previous talk (also posted below) featured Retired Brig. Gen. Stephen Xenakis, MD, a psychiatrist who spent hundreds of hours with Omar Khadr at Guantánamo. Both events took place under the heading “Omar Khadr: The Man – The Law.”
Morison, who “has practiced law for more than 20 years and is a nationally recognized expert on federal executive clemency and the restoration of civil rights,” as his website describes him, delivered a compelling explanation for why Khadr is not guilty of war crimes, when the appeal was submitted. Khadr accepted a plea deal in October 2010, pleading guilty to five crimes, including killing a US soldier by throwing a grenade during the firefight in Afghanistan in July 2002 that led to his capture, but there is no evidence that he actually threw the grenade, and he only accepted the plea deal as a way to leave Guantánamo, receiving an eight-year sentence in exchange. Read the rest of this entry »
On Wednesday (November 13), the media, inspired by an article for the Guardian by Col. Morris Davis, the former chief prosecutor of the military commissions at Guantánamo, who has become a formidable critic of the prison since his resignation six years ago, picked up on a baleful anniversary — the 12th anniversary of the creation of one of the main founding documents of the Bush administration’s “war on terror.”
I subsequently spoke to Scott Horton on his hard-hitting political show, the latest in the dozens of interviews with Scott that I have taken part in over the last six years. The half-hour show is available here as an MP3, and I hope you have time to listen to it.
Scott described the show as follows: “Andy Worthington, author of The Guantánamo Files, discusses how Dick Cheney helped make torture an official US government policy; former Guantanamo inmate Omar Khadr’s fight for justice in a Canadian prison; and how torture has poisoned America’s soul.”
As Scott explained, we did indeed talk about how Omar Khadr, and his appeal against his outrageous 2010 conviction for war crimes (which I wrote about here), as well as also discussing the need for accountability for all of the senior Bush administration officials (up to and including George W. Bush, Dick Cheney and Donald Rumsfeld) and their lawyers, who approved the use of torture. Read the rest of this entry »
Last week was a busy week for legal challenges by former Guantánamo prisoners. Just after David Hicks announced that he was appealing against his 2007 conviction for providing material support for terrorism (which I wrote about here), Omar Khadr’s lawyer in the US announced that the Canadian citizen, who was repatriated in September 2012 but is still imprisoned in his home country, is “set to appeal his five war crimes convictions on the grounds that the military commission had no legal authority to try him or accept his guilty pleas,” as Colin Perkel described it for The Canadian Press.
In order to leave Guantánamo, Khadr accepted a plea deal in October 2010, in which he admitted that he was guilty of 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, even though there are serious problems with the credibility of the main charge against him — that he threw a grenade that killed a US soldier — as an investigation of the evidence indicates that, at the time, he was unconscious, having been shot twice in the back at close range.
Khadr is able to challenge two of the charges against him — providing material support for terrorism and conspiracy — because of two rulings by the court of appeals in Washington D.C. last October and in January this year, when judges threw out two of the only convictions secured in the military commissions at Guantánamo, in 2008 — against Salim Hamdan, a driver for Osama bin Laden, and Ali Hamza al-Bahlul, a propagandist for al-Qaeda. Read the rest of this entry »
Ever since the conservative court of appeals in Washington D.C. delivered an extraordinary ruling last October, vacating one of the only convictions in the military commission trial system introduced for prisoners at Guantánamo, it has only been a matter of time before other appeals would be lodged.
Last Tuesday, November 5, the first man convicted in the trials — the Australian citizen David Hicks, who agreed to a plea deal in March 2007, on the basis that he would be returned to Australia to serve a seven-month sentence — lodged an appeal with the US Court of Military Commission Review, “arguing for a summary dismissal of the conviction,” as the Sydney Morning Herald described it, “because the offence was not a war crime at the time Mr. Hicks was detained, and his guilty plea was made under duress because of his detention, torture and abuse at Guantánamo.”
Just seven convictions have been secured in Guantánamo’s military commission system (between March 2007 and February 2012), which has struggled — and failed — to achieve any kind of credibility since George W. Bush’s Vice President, Dick Cheney, ill-advisedly dragged the commissions from the history books in November 2001. Ruled illegal by the Supreme Court in June 2006, they were then revived by Congress, and revived by Congress a second time under President Obama in 2009, despite warnings by senior administration lawyers that convictions would almost certainly be overturned on appeal. Read the rest of this entry »
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