Omar Khadr’s Bail Conditions: On 31st Birthday, Judge Allows Internet Access, Refuses to Lift Ban on Free Travel within Canada, or Unsupervised Meeting with Sister

Former Guantanamo prisoner Omar Khadr photographed in July 2017 in Ontario (Photo: Colin Perkel).Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

Happy belated birthday to former Guantánamo prisoner Omar Khadr, who turned 31 yesterday. Nearly three years since he was returned to Canada from Guantánamo, his birthday was an occasion to reflect on the mixed news from an Edmonton courtroom on Friday, in response to his request for his bail conditions to be eased.

Seized in Afghanistan at the age of 15 after a firefight that left him severely wounded, Khadr, who had been taken to Afghanistan by his father, was never rehabilitated, as the US is supposed to do with juvenile prisoners, according the terms of 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.

Instead, Khadr was subjected to torture and abuse, and, eventually, shamefully charged in a military commission trial on the basis that, in the firefight, he threw a grenade that killed a US soldier. Ignored by the US was his age at the time of the incident, and the very plausible claim that he never threw the grenade in the first place, having been face-down under a pile of rubble with horrendous injuries at the time the grenade was supposed to have been thrown. Read the rest of this entry »

Canada Agrees to Pay $10m Compensation to Brutalized Former Child Prisoner Omar Khadr, Held at Guantánamo for Ten Years

Omar Khadr, photographed after he was released on bail in May 2015.Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

Good news from Canada, as the Canadian government has agreed to pay $10.5m (about $9m in US currency) to former Guantánamo prisoner — and former child prisoner — Omar Khadr, who launched his suit against the Canadian government in 2014, after his return to Canada (in September 2012, after ten years in Guantánamo), but before he was freed on bail — in May 2015.

Disgracefully, the news has been greeted with a tirade of abuse — a deplorable state of affairs that I first noticed ten years ago, when I first starting publishing articles about Khadr (nearly 100 published to date), and that particularly came to my notice in the summer of 2008, after videotapes were released of Khadr, then 16, breaking down when interrogated by Canadian agents who visited him at Guantánamo, and who, he mistakenly thought, would help him. Check out some of the comments under my article if you want to see the kind of disgraceful comments that were being made at the time, and that continue to this day.

And yet the critics have absolutely no basis for their complaints, as Khadr was not only shamefully abused by the US authorities; he also had his rights violated by his own government, as Canada’s Supreme Court established in 2010. Read the rest of this entry »

Not Fit for Purpose: The Ongoing Failure of Guantánamo’s Military Commissions

"End Guantanamo commissions: use fair trials" - an Amnesty International supporter outside the White House.

Please support my work! I’m currently trying to raise $2800 (£2100) to support my writing and campaigning on Guantánamo for the next three months.

 

In the 15 years since the terrorist attacks of September 11, 2001, the United States has systematically undermined many of the key values it claims to uphold as a nation founded on and respecting the rule of law, having embraced torture, indefinite imprisonment without charge or trial, trials of dubious legality and efficacy, and extra-judicial execution.

The Bush administration’s torture program — so devastatingly exposed in the executive summary of the Senate Intelligence Committee’s report into the program, published in December 2014 — no longer exists, but no one has been held accountable for it. In addition, as the psychologist and journalist Jeffrey Kaye has pointed out, although ostensibly outlawed by President Obama in an executive order issued when he took office, the use of torture is permitted, in particular circumstances, in Appendix M of the Army Field Manual.

When it comes to extrajudicial execution, President Obama has led the way, disposing of perceived threats through drone attacks — and although drones were used by President Bush, it is noticeable that their use has increased enormously under Obama. If the rendition, torture and imprisonment of those seized in the “war on terror” declared after the 9/11 attacks raised difficult ethical, moral and legal questions, killing people in drone attacks — even in countries with which the US is not at war, and even if they are US citizens — apparently does not trouble the conscience of the president, or the US establishment as a whole. Read the rest of this entry »

On Omar Khadr’s 29th Birthday, Bail Conditions Eased; Allowed to Visit Grandparents, and Electronic Tag Removed

Omar Khadr photographed after his release on bail in Canada in May 2015.Today (September 19) is the 29th birthday of former Guantánamo prisoner Omar Khadr, and it is, I think, fair to say that it will be his best birthday since before he was seized by US forces after a firefight in Afghanistan, where he had been taken by his father, in July 2002, when he was just 15 years old. Treated brutally in US custody, he ended up agreeing to a plea deal in a trial by military commission, in October 2010, just to get out of Guantánamo and to return home. As a result of his plea deal, he received an eight-year sentence, with one year to be served in Guantánamo, and the rest in Canada.

In the end, the Canadian government — which has persistently violated his rights, and unconditionally backed the US in its outrageous treatment of a juvenile prisoner, who was supposed to be rehabilitated rather then punished — dragged its heels securing his return, which eventually took place in September 2012. He was then — unfairly and unjustly — imprisoned in a maximum-security prison until that decision was eventually overturned, and in May a judge granted him bail, pending the outcome of an appeal against his conviction in the US.

So this birthday — the one I expect he will be enjoying to the full — is the first he has spent in freedom since his 15th birthday, back in 2001, and yesterday he received some good news regarding the restrictions under which he was granted bail back in May that can only be adding to his enjoyment today. Read the rest of this entry »

Former Guantánamo Prisoner Omar Khadr Asks for Bail Conditions to be Eased So He Can Visit His Family

Former Guantanamo prisoner Omar Khadr speaking to the media after his release from prison on bail on May 7, 2015. Photo made available by Michelle Shephard of the Toronto Star on Twitter.The former Guantánamo prisoner Omar Khadr, who was freed on bail in May, after spending two years and eight months in Canadian prisons (and nearly ten years in Guantánamo), has asked a Canadian court to ease his bail conditions, so he can fly to Toronto to visit his family, attend a night course at the Northern Alberta Institute of Technology (NAIT), and get to early morning prayers.

As the Canadian Press described it, he was granted bail “pending his appeal in the US against his 2010 conviction for war crimes by a widely discredited military commission at Guantánamo Bay” — “widely discredited” being something of an understatement.

Although no one has ever disputed the fact that Omar was a model prisoner, and has not been in any trouble since being freed from prison and allowed to live with his lawyer Dennis Edney and his wife, the bail conditions are harsh. As the Canadian Press described it, he is “required to communicate with his family … only in English and under the Edneys’ supervision,” and is not allowed to leave Alberta, except to stay at Edney’s vacation home in British Columbia. Read the rest of this entry »

Despite His Conviction Being Quashed Three Times, Guantánamo Prisoner Ali Hamza Al-Bahlul Remains in Solitary Confinement

Guantanamo prisoner Ali Hamza al-Bahlul, in a photo included in the classified military files released by WikiLeaks in April 2011.For some prisoners held in the “war on terror” prison at Guantánamo Bay, it seems there really is no way out. One example would seem to be Ali Hamza al-Bahlul, a 45-year old Yemeni prisoner and a propagandist for al-Qaeda, who made a promotional video glorifying the attack on the USS Cole in October 2000, in which 17 US soldiers died, and who received a life sentence for providing material support for terrorism, conspiring with al-Qaeda and soliciting murder after a one-sided military commission trial in the dying days of the Bush administration.

Al-Bahlul has been held in solitary confinement ever since — on what is known as “Convicts’ Corridor,” according to Carol Rosenberg of the Miami Herald, even though, since January 2013, he has had every part of his conviction overturned in the US courts — most recently in a ruling by the appeals court in Washington D.C. (the D.C. Circuit Court) on June 12.

In January 2013, a three-judge panel in the D.C. Circuit Court overturned the material support and solicitation convictions, on the basis that the charges of which he was convicted were not recognized as war crimes at the time he was accused of committing them; or, to put it another way, that they had been invented as war crimes by Congress. That ruling drew on a ground-breaking ruling by the D.C. Circuit Court three months earlier, overturning the material support conviction against another man, Salim Hamdan, a driver for Osama bin Laden who was freed in December 2008. The decision in al-Bahlul’s case was confirmed by a full panel of judges in July 2014, and the judges last month overturned the conspiracy conviction — on the basis that conspiracy is not a crime under the international law of war. Read the rest of this entry »

Omar Khadr Speaks: Major Profile of Former Guantánamo Prisoner in the Toronto Star

Omar Khadr with Dennis Edney on May 9, 2015 (Photo: Michelle Shephard/Toronto Star).For nine years, I’ve been following the story of Omar Khadr, the former child prisoner at Guantánamo, who was released on bail in Canada a month ago. I first wrote about Omar in my book The Guantánamo Files, which I wrote in 2006-07, and since then I’ve written 94 articles about him, watching as he was first put forward for a trial by military commission in June 2007, shortly after I started writing articles about Guantánamo on an almost daily basis, and writing a major profile of him in November 2007.

In 2008, I followed his pre-trial hearings in the military commissions (see here and here, for example), and watched in horror as videos of his profoundly insensitive interrogations by Canadian agents were released, and in October 2008 I wrote a detailed article about him based on the Bush administration’s refusal to recognize the rights of juvenile prisoners.

I then wrote about the Obama administration’s lamentable decision to charge Omar — again — in the revived military commissions, and watched as the pre-trial hearings unfolded, leading to one of the bleakest moments in the Obama presidency — the plea deal Omar agreed to, in order to leave Guantánamo, in which, to his eternal shame, President Obama allowed a former child to be prosecuted, in a war crimes trial, not for war crimes, but for having engaged in armed conflict with US soldiers during a war — something that has never been a war crime and never will be. Read the rest of this entry »

“Petty and Nasty”: Guantánamo Commander Bans Lawyers From Bringing Food to Share with Prisoners

The meeting room in Camp Echo, mentioned in Guantanamo commander Rear Adm. Cozad's May 2015 memo prohibiting lawyers from bringing food into meetings with the clients, as seen from one of the cells. Camp Echo is where prisoners used to be held in isolation.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 the latest news from Guantánamo, the prison’s military commander, Rear Adm. Kyle Cozad, has issued a memorandum banning lawyers for the prisoners from bringing food to meetings with their clients. The memorandum, entitled, “Modification to Rules Regarding Detainee Legal and Periodic Review Board Meetings,” states, “Food of any kind, other than that provided by guard force personnel for Detainee consumption, is prohibited within meeting spaces.”

That innocuous sounding ban is, nevertheless, a huge blow to many lawyers and prisoners. Since lawyers were first allowed to visit prisoners ten years ago, and to represent them, after the Supreme Court granted them habeas corpus rights in Rasul v. Bush in June 2004, it has been an opportunity for bonding between lawyers and prisoners, and an opportunity for the prisoners to receive something from the outside world, in a place where, initially, they were completely cut off from the outside world, and where, even now, over six years after Barack Obama became president, they are still more isolated than any other prisoners held by the US — unable, for example, to meet with any family members, even if their relatives could afford to fly there, and, in almost all cases, held without charge or trial in defiance of international norms.

As veteran Guantánamo reporter Carol Rosenberg explained in an article for the Miami Herald, “the custom of eating with a captive across a meeting table at Camp Echo — with the prisoner shackled by an ankle to the floor — took on cultural and symbolic significance almost from the start when lawyers brought burgers and breakfast sandwiches from the base McDonald’s to prison meetings in 2005.” Read the rest of this entry »

Canadian Supreme Court Rules That Omar Khadr Was A Juvenile Prisoner, Not An Adult

Former Guantanamo prisoner Omar Khadr speaking to the media after his release from prison on bail on May 7, 2015. Photo made available by Michelle Shephard of the Toronto Star on Twitter.How much money will the Canadian government spend in its futile effort to demonize Omar Khadr? A week after the former child prisoner — now 28 years old — was freed on bail after nearly 13 years behind bars (ten years in Guantánamo, and the rest in Canada), winning over numerous Canadians with his humility as he spoke in public for the first time, the Canadian government, which had unsuccessfully argued that releasing him on bail would damage its relations with the US, faced another humiliating court defeat, this time in Canada’s Supreme Court.

The government was claiming that Omar — just 15 years old when he was seized after a firefight in Afghanistan, where he had been taken by his father — had been sentenced as an adult, not a juvenile. The intention was that, if Omar is to be returned to prison if his appeal against his conviction in the US fails (which, it should be noted, seems unlikely), he would be returned to a federal prison. The ruling followed an appeals court ruling in Omar’s favor last July, which I wrote about here.

However, the Supreme Court ruled that Omar had been sentenced as a juvenile, and that, if he were to be returned to prison, it would therefore be to a “provincial reformatory,” as the Globe and Mail described it. Read the rest of this entry »

Video: Omar Khadr Speaks, Says, “Freedom Is Way Better Than I Thought”

Former Guantanamo prisoner Omar Khadr speaking to the media after his release from prison on bail on May 7, 2015. Photo made available by Michelle Shephard of the Toronto Star on Twitter.Last night, as Britain collapsed into five more years of Tory rule, from the party that believes only in enriching the already rich, privatising everything that hasn’t yet been privatised, and permanently abusing the poor, the unemployed and the disabled, one of the only glimmers of light was not in the UK, but was in Canada, on a suburban street where former Guantánamo prisoner Omar Khadr was holding his first press conference since being released from prison.

Now 28, Omar was held for twelve years and ten months — ten years and two months in US custody (almost all in Guantánamo), and two years and eight months in Canadian prisons. This was in spite of the fact that he was just 15 years old when he was seized after a firefight in Afghanistan, where he had been taken by his father, and was therefore a juvenile, and not responsible for his actions.

Abused by the Americans, Omar also had his rights ignored by Canadian agents who visited him at Guantánamo, and who destroyed his hopes that his home country would help him. He then had to plead guilty at a disgraceful war crimes trial, in the military commissions at Guantánamo, to secure his release from the prison, receiving an eight-year sentence, with one more year to be served at Guantánamo, and the rest in Canada. 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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