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In the long and shameful history of the US prison at Guantánamo Bay, where most of the 779 men held by the US military during the last eighteen and a half years were never charged or put on trial (as remains the case for the majority of the 40 men still held), the prevailing lawlessness and abuse do not necessarily end with a prisoner’s release.
Of the 729 men — and boys — released from Guantánamo since it opened (532 under George W. Bush, 196 under Barack Obama, and just one under Donald Trump), most have been sent back to their home countries, where, fundamentally, they have no protection from their home governments if, for example, their countries’ leaders decide that they should be imprisoned, or have their lives disrupted in any way, either sporadically, or even on a permanent basis.
For around 130 of these former prisoners, however, new homes had to be found for them in third countries — in most cases, because the US government accepted that it was unsafe for them to be returned to their home countries. In the cases of the majority of the Yemenis freed, for example, the US government regarded it as unsafe to repatriate them because of the security situation in Yemen, while in other cases — Syria, for example — the US accepted that the government could not be trusted to treat them humanely. This was also the case for 22 Uighurs — Turkic-speaking Muslims from China’s Xinjiang province — whose lives were in danger from the Chinese government.
There was some very welcome news from Canada last week, when three Canadian citizens — Abdullah Almalki, Ahmad El Maati and Muayyed Nureddin — were paid $31.25 million (around $25m US dollars, or £18.7m) by the Canadian government as compensation for the government’s key role, via the spy agency CSIS (the Canadian Security Intelligence Service) and RCMP (the Royal Canadian Mounted Police), in arranging for them to be imprisoned and tortured in Syria between 2001 and 2003, when they were wrongly suspected of having some involvement with terrorism.
As the Toronto Star explained on October 26, “The payout was kept secret until this month and is part of a legal settlement that was first reported by the Star in February and announced by the Liberal government weeks later.”
The Star added, “The resolution and accompanying government apology put an end to a nine-year court battle for compensation that has been demanded since 2008,” when then-Supreme Court justice Frank Iacobucci concluded, in a report on their cases, that “Canadian agents labelled the men Islamic extremists and shared information with other countries without proper precautions about its unreliability.” Read the rest of this entry »
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 »
UPDATE: I’m delighted to report that Justice Myra Bielby has granted Omar’s bail. “Mr. Khadr, you are free to go,” she said at the hearing today in the appeals court in Edmonton. The Toronto Star reported that Omar “broke into a big, wide smile when the decision was read. His supporters in the courtroom erupted in cheers.”
As the Guardian described it, however, “Khadr’s legal ordeal is far from over. The government has given notice that it intends to challenge the bail order itself.” Nevertheless, I believe the government needs to accept that its vindictive demonization of Omar has run its course. On June 25, Omar will go before a parole board, providing another opportunity for him to be granted his freedom.
Omar’s long-established attorney Dennis Edney, with whom he will be living, told reporters, “I intend to drive him straight home,” and added, as the Guardian put it, that “he had squeezed [his] finger and said: ‘We did it.'” His other longtime attorney, Nathan Whitling, said, “Whatever anyone may think of Mr. Khadr, he’s now served his time.” Read the rest of this entry »
Today is the 27th birthday of Omar Khadr, the Canadian citizen who has been imprisoned since he was 15 years old — in Guantánamo for ten years, and, since the end of September last year, in Canada.
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 »
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, singer/songwriter (The Four Fathers).
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