Seven Years Since He Left Guantánamo, Judge Rules That Omar Khadr’s Sentence Is Over, and He Is A Free Man

Some rare good news regarding Guantánamo, as former child prisoner Omar Khadr finally receives confirmation from a Canadian judge that his Guantánamo-related sentence is over. For other ex-prisoners, however, the stigma of being an "enemy combatant" - and their complete lack of rights - continues.
Former Guantánamo prisoner Omar Khadr with his lawyer, Nate Whitling, outside court in Edmonton on March 25, 2019, after a judge ruled that his Guantánamo- related sentence was finally over (Photo: Terry Reith/CBC).

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Some great news from Canada, where a judge has ruled that former Guantánamo prisoner Omar Khadr’s sentence is finally over.

Back in December, I reported how, although Khadr was given an eight-year sentence after agreeing to a plea deal in his military commission trial at Guantánamo on October 31, 2010, the Canadian government continued to impose restrictions on his freedom — disregarding the fact that their ability to do so should have come to an end with the end of his sentence on October 31, 2018.  

As I explained in December, Khadr had been in court seeking “changes to his bail conditions, requesting to be allowed to travel to Saudi Arabia to perform the hajj (which would require him to be given a passport), and to speak unsupervised with his sister, who is now living in Georgia.” However, the judge, Justice June Ross of the Court of Queen’s Bench of Alberta, refused to end the restrictions on his freedom to travel, or to communicate with his sister Zainab, who I described as “a controversial figure who, in the past, had expressed support for al-Qaeda.”

Read the rest of this entry »

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 »

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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.
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