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 »

Video: Omar Khadr’s US Lawyer, Sam Morison, Explains Why His Guantánamo War Crimes Conviction is a Disgrace

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 »

“He Didn’t Commit a War Crime”: Omar Khadr’s US Lawyer Challenges His Conviction at Guantánamo

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 »

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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 and We Stand With Shaker. Also, photo-journalist (The State of London), and singer and songwriter (The Four Fathers).
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