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 »
Next March it will be eight years since I gave my life over to chronicling Guantánamo and the 779 men (and boys) held there, and campaigning to get the prison closed. I did this initially through my book The Guantánamo Files, and, for the last six and a half years, I have continued to seek the prison’s closure — and to educate people about the men held there and the lies told in the “war on terror” — as a full-time independent investigative journalist.
Nearly four years ago, I began to put together chronological lists of all my articles, in the hope that doing so would make it as easy as possible for readers and researchers to navigate my work — the 2100 articles and pages I have published since May 2007. Unfortunately, I have found it difficult to keep up to date with this project for the last two years, hence this belated entry covering all the articles I wrote from July to December 2012.
In this period, as well as relentlessly covering Guantánamo, I continued to be involved in campaigning to resist the age of austerity cynically introduced by the Tory-led government here in the UK, which is being used to wage a disgusting and disgraceful civil war against the poor, the unemployed and the disabled, and whose main aim being to almost entirely destroy the state provision of services. In the period covered in this article, my previous efforts to save the NHS from privatisation fed into a campaign even closer to home, as the government and senior NHS managers proposed to severely cut services at Lewisham Hospital, my local hospital in south east London, to pay for the debts of a neighbouring NHS trust that had got into financial difficulties — in part because of ruinous private finance (PFI) deals, providing unjustifiable profits to private companies building hospitals for the government. 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 »
Last week, in a court in Edmonton, Justice John Rooke, responding to a habeas corpus petition submitted in September by former Guantánamo prisoner Omar Khadr, issued a ruling ordering him to remain in a maximum security federal prison rather than being moved to a provincial prison, “limiting his chances for parole,” as the Toronto Star described it.
Khadr, who was a juvenile — just 15 years old — when he was seized in July 2002 after a firefight in Afghanistan, where he had been taken by his father, was held at Guantánamo for ten years, and only left the prison after agreeing to a plea deal in October 2010, in which he accepted five charges — spying, conspiracy, providing material support for terrorism, attempted murder and murder (of a US Special Forces soldier, Sgt. Christopher Speer), even though that last charge was based on an extremely untrustworthy claim that he had thrown the grenade that killed Sgt. Speer. Under the terms of the plea deal, he received an eight-year sentence, with one year to be served in Guantánamo and the remaining seven in Canada.
Eleven months late, in September 2012, Khadr was eventually returned to Canada, where he was imprisoned in the Millhaven Institution, a maximum-security prison near Kingston, Ontario. In May this year, after he received threats from another prisoner, he was moved to another maximum security prison, the Edmonton Institution in Edmonton, Alberta, and in August his lawyer, Dennis Edney, sought his transfer to a provincial prison. Read the rest of this entry »
Since March 2006, I have been researching and writing about Guantánamo and the 779 men (and boys) held there, initially through my book The Guantánamo Files, and, since May 2007, as a full-time independent investigative journalist, assiduously chronicling the crimes of the Bush administration, and for the last four years and 10 months, President Obama’s failure to close the prison, as he promised, as well as the obstacles raised by Congress and parts of the judiciary.
In an effort to make it as easy as possible for readers and researchers to find my work, I began, three years ago, to put together chronological lists of all my articles, in the hope that they will provide a useful tool for navigation, and will provide researchers — and anyone else interested in this particularly bleak period of modern history — with a practical archive. Unfortunately, time restraints left me unable to find the time to make lists for my work from the start of 2012 onwards, so I’m remedying this now with a list covering all my articles from January to June 2012, and will follow up soon with two further articles covering July to December 2012 and January to June this year.
In this period, as well as relentlessly covering Guantánamo, I was also involved in campaigning to try to save the NHS from a full-on assault by the Tory-led government here in the UK, intent of privatising it, as well as, more broadly, resisting the age of austerity cynically introduced by the Tories to wage a disgusting and disgraceful civil war against the poor, the unemployed and the disabled. These are themes that continue to inform my work, as well as the horrors of Guantánamo, torture and indefinite detention. As a famous saying states, “The mark of a civilised society is how it treats its most vulnerable members.” Read the rest of this entry »
Khadr’s return to Canada followed a monstrous travesty of justice in the US. Under the terms of a plea deal in October 2010, in his trial by military commission, he admitted to being an “alien unprivileged enemy belligerent,” and to throwing a grenade that killed a US soldier at the time of his capture during a firefight in Afghanistan in July 2002, even though the evidence suggests that he was face down and unconscious, having been shot in the back, when the grenade was thrown. Disgracefully, he was also obliged to admit that, by partaking in combat with US forces during wartime and in an occupied country, he was a war criminal.
Khadr agreed to the plea deal solely in order to leave Guantánamo, receiving an eight-year sentence (as opposed the 40-year sentence arrived at during his trial), with one year to be served at Guantánamo and the remaining seven in Canada.
Most importantly, Khadr was just a child when he was seized, even though, as a juvenile — those under 18 when their alleged crimes take place — he should have been rehabilitated, according to 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, rather than being tortured and otherwise abused in US custody, and abandoned by his own government. Read the rest of this entry »
So it’s official, then. Eleven and a half years after the “war on terror” prison opened at Guantánamo, the maximum number of prisoners that the US military intends to prosecute, or has already prosecuted, is 20 — or just 2.5 percent of the 779 men held at the prison since it opened in January 2002.
The news was announced on Monday June 10 by Army Brig. Gen. Mark Martins, the chief prosecutor for the military commissions at Guantánamo, and it is a humiliating climbdown for the authorities.
When President Obama appointed an inter-agency task force to review the cases of the remaining Guantánamo prisoners, which issued its report in January 2010, the task force recommended that 36 of the remaining prisoners should be tried.
Just five of the 36 have since been to trial — one in the US, and four through plea deals in their military commissions at Guantánamo. Another man — Ali Hamza al-Bahlul — had already been tried and convicted, in the dying days of George W. Bush’s second term, and two others had been sent home after their trials — David Hicks after a plea deal in March 2007, and Salim Hamdan after a trial in July 2008 — making a total of 39 prosecutions, or intended prosecutions, after eleven and a half years of the prison’s existence. That was just 5 percent of the men held throughout Guantánamo’s history, but now that figure, which was, in itself, an extremely poor reflection on the efficacy of the prison and its relationship to any acceptable notions of justice, has been halved.
As Reuters described it, Brig. Gen. Martins explained that the number set by the task force was “ambitious” in light of two rulings last October and in January this year by judges in the court of appeals in Washington D.C. Read the rest of this entry »
Three months ago, Omar Khadr, the Canadian citizen seized as a child and held and abused by the US government in Guantánamo for ten years, was returned to Canada, where he now languishes in a maximum-security prison.
Technically, the Canadian government is entitled to imprison him for another five years and ten months, according to a plea deal Khadr agreed to in October 2010. Under the terms of that deal, he received an eight-year sentence for his role in a firefight in Afghanistan that led to his capture in July 2002, with one year to be served in Guantánamo and seven more in Canada.
Notoriously, however, the Canadian government dragged its heels securing his return, which only happened at the end of September last year, instead of in November 2011. This was typical, given that, throughout Khadr’s detention, his government ignored its obligations to demand his rehabilitation under 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, as did his US captors. Read the rest of this entry »
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