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 »

Canada’s Prison Ombudsman Still Critical of Classification of Omar Khadr, Former Guantánamo Prisoner

Two weeks ago, I wrote about how, for the first time since his return to Canada from Guantánamo in September 2012, Omar Khadr, the Canadian citizen and former child prisoner of the US, has been downgraded from a high-security risk to a medium-security risk, and moved for the maximum-security prison in which he had been held, in Edmonton, to the Bowden Institution in Alberta province, a medium-security facility with a minimum-security annex.

I also noted how this move “punctures the prevailing rhetoric — from the government, and in the right-wing press — that Khadr is a dangerous individual,” and, it should be noted, it also enables him to be able to apply for parole.

Neverthless, Ivan Zinger, the executive director of the independent Office of the Correctional Investigator (Canada’s prison ombudsman), is still critical of the position taken by the prison authorities. Last week, Colin Perkel of The Canadian Press reported that, in a letter to the Correctional Service of Canada’s senior deputy commissioner, Zinger wrote that the correctional authorities had “unfairly classified” Khadr, “even though they lowered his risk rating from maximum to medium security.” Read the rest of this entry »

Lies and Injustice: Canada’s Ongoing Mistreatment of Omar Khadr

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 »

Back to home page

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 (The State of London).
Email Andy Worthington

CD: Love and War

The Four Fathers on Bandcamp

The Guantánamo Files book cover

The Guantánamo Files

The Battle of the Beanfield book cover

The Battle of the Beanfield

Stonehenge: Celebration & Subversion book cover

Stonehenge: Celebration & Subversion

Outside The Law DVD cover

Outside the Law: Stories from Guantánamo

RSS

Posts & Comments

World Wide Web Consortium

XHTML & CSS

WordPress

Powered by WordPress

Designed by Josh King-Farlow

Please support Andy Worthington, independent journalist:

Archives

In Touch

Follow me on Facebook

Become a fan on Facebook

Subscribe to me on YouTubeSubscribe to me on YouTube

The State of London

The State of London. 16 photos of London

Andy's Flickr photos

Campaigns

Categories

Tag Cloud

Afghans in Guantanamo Al-Qaeda Andy Worthington British prisoners CIA torture prisons Close Guantanamo David Cameron Donald Trump Four Fathers Guantanamo Housing crisis Hunger strikes London Military Commission NHS NHS privatisation Periodic Review Boards Photos President Obama Reprieve Shaker Aamer The Four Fathers Torture UK austerity UK protest US courts Video We Stand With Shaker WikiLeaks Yemenis in Guantanamo