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 »

I wrote the following article for the “Close Guantánamo” website, which I established in January 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.

Eleven months late, the Canadian government has finally signed the paperwork authorizing the return to Canada from Guantánamo of Omar Khadr. A Canadian citizen, he was just 15 years old when he was seized, in July 2002, after a firefight in Afghanistan, where he had been taken by his father, an alleged associate of Osama bin Laden, and subsequently flown to Guantánamo, where he was held for the last ten years.

As a juvenile — those under 18 when their alleged crimes take place — Khadr should have been rehabilitated rather than being subjected to various forms of torture and abuse, 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. Instead, the US put him forward for a war crimes trial, on the unproven basis that he threw a grenade that killed an American soldier at the time of his capture, and the Canadian government abandoned him, even though courts up to and including the Canadian Supreme Court ruled that his rights had been violated when Canadian agents interrogated him at Guantánamo. In 2010, the Court stated, “Interrogation of a youth, to elicit statements about the most serious criminal charges while detained in these conditions and without access to counsel, and while knowing that the fruits of the interrogations would be shared with the US prosecutors, offends the most basic Canadian standards about the treatment of detained youth suspects.” Read the rest of this entry »

Last week, lawyers for Omar Khadr, a Canadian citizen and former child prisoner who has been imprisoned in Guantánamo for nearly ten years, held a press conference in Ottawa to complain about the Canadian government’s failure to honor a deal that was supposed to guarantee his return to Canada eight months ago.

It is to be hoped that the press conference has succeeded in putting pressure on the government — and particularly on Public Safety Minister Vic Toews — to stop procrastinating, and to secure Khadr’s return, as agreed in the plea deal he signed at his military commission in Guantánamo in October 2010, when he was told that he would serve one more year at Guantánamo, and then be returned to Canada to serve the last seven years of an eight-year sentence.

At the press conference, John Norris, one of Khadr’s Canadian civilian lawyers, explained that his client was “trying to pursue an education as part of his rehabilitation,” and his two US military lawyers — Lt. Col. Jon Jackson and Maj. Matthew Schwartz — explained that they had spent hundreds of hours with him, and described him as “an intelligent young man” who is quick to learn and has a “love of learning.” As the Toronto Star put it, “Schwartz taught him geography, history and practiced singing O Canada and the American anthem with him,” and “Jackson taught science and mathematics, and read Shakespeare, The Hunger Games and The Road [by Cormac McCarthy] with him.” Lt. Col. Jackson explained, “His insights into those books shows he gets it, he gets what it means to be a useful member of society.” Read the rest of this entry »

I wrote the following article for the “Close Guantánamo” website, which I established in January 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.

Frustrated that Omar Khadr, the only Canadian citizen in Guantánamo, is still detained, eight months after he was supposed to be returned to Canada under the terms of a plea deal negotiated in October 2010, his US and Canadian lawyers — and the Canadian Senator Romeo Dallaire — held a press conference in Ottawa on Thursday to demand that the Canadian government honors its part of the agreement and secures Khadr’s return to Canada, the country of his birth.

Khadr was seized in July 2002 after a firefight in Afghanistan where he had been taken by his father, Ahmed Khadr, who is generally described as a fundraiser for Osama bin Laden. At the time of his capture he was just 15 years old, and should have been rehabilitated, under 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, however, he was horribly abused in US custody, and abandoned by the Canadian government. In October 2010, under the terms of the plea deal, he accepted that he had killed US Special Forces soldier Sgt. Christopher Speer, who died in a grenade attack during the firefight, and that he was an “alien unprivileged enemy belligerent,” who had no right to engage in combat with US forces at all, even though there is serious doubt about the claim that he threw the grenade that killed Sgt. Speer, and even though his confession effectively established a scenario in which the US claimed that it was illegal to raise arms against US forces in a war zone. Read the rest of this entry »