The Khadr Thread

[geo]

well.... if he wasn't an unlawful combatant, then he is a lawful combatant.
Given that the war isn't over, guess that means that he is a POW.

March him back to his cell,
lock cell,
throw away the key,
B/F his docket to the day that war in Afghanistan is declared over.

 

[tomahawk6]

Looks like the Army has a video showing Khadr planting a roadside bomb. Frankly they should let the kid go and if he returns to the sandbox he can become a martyr.

 

[KevinB]

There where comments elsewhere that he is getting new charges.

Canada had best make a case for treason if the US does not drop the hammer on him.
Time like this I real an disgusted the Death penalty was removed from the NDA

 

[The Bread Guy]

Canada had best make a case for treason if the US does not drop the hammer on him.

I'm not a lawyer, but sounds like a reasonable fit....
http://www.canlii.org/ca/sta/c-46/sec46.html

    PART II: OFFENCES AGAINST PUBLIC ORDER
              Treason and other Offences against the Queen’s Authority and Person

High treason

46. (1) Every one commits high treason who, in Canada,

(a) kills or attempts to kill Her Majesty, or does her any bodily harm tending to death or destruction, maims or wounds her, or imprisons or restrains her;

(b) levies war against Canada or does any act preparatory thereto; or

(c) assists an enemy at war with Canada, or any armed forces against whom Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the country whose forces they are.

Treason

(2) Every one commits treason who, in Canada,

(a) uses force or violence for the purpose of overthrowing the government of Canada or a province;

(b) without lawful authority, communicates or makes available to an agent of a state other than Canada, military or scientific information or any sketch, plan, model, article, note or document of a military or scientific character that he knows or ought to know may be used by that state for a purpose prejudicial to the safety or defence of Canada;

(c) conspires with any person to commit high treason or to do anything mentioned in paragraph (a);

(d) forms an intention to do anything that is high treason or that is mentioned in paragraph (a) and manifests that intention by an overt act; or

(e) conspires with any person to do anything mentioned in paragraph (b) or forms an intention to do anything mentioned in paragraph (b) and manifests that intention by an overt act.

Canadian citizen

(3) Notwithstanding subsection (1) or (2), a Canadian citizen or a person who owes allegiance to Her Majesty in right of Canada,

(a) commits high treason if, while in or out of Canada, he does anything mentioned in subsection (1); or

(b) commits treason if, while in or out of Canada, he does anything mentioned in subsection (2).

Overt act


(4) Where it is treason to conspire with any person, the act of conspiring is an overt act of treason.

R.S., c. C-34, s. 46; 1974-75-76, c. 105, s. 2.

 

[deedster]

~jaw drops~
I couldn't believe it.
I wonder if the fact that he wasn't wearing his ROOTS sweatshirt today means his lawyers have advised him to hold the Canadian  card for now.  There used to be a thing called deportation?

 

[vonGarvin]

High treason

46. (1) Every one commits high treason who, in Canada,

(c) assists an enemy at war with Canada, or any armed forces against whom Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the country whose forces they are.

Canadian citizen

(3) Notwithstanding subsection (1) or (2), a Canadian citizen or a person who owes allegiance to Her Majesty in right of Canada,

(a) commits high treason if, while in or out of Canada, he does anything mentioned in subsection (1); or

This is what I see as relevant and applicable to Mr. Khadr, potentially.  He could, in my opinion, be tried for high treason if it holds true that he "assisted an enemy at war with Canada", given the NATO invokation of article 5 of the treaty that the act of 9/11 was an act against all member nations.  The fact that there is no "declared" state of war is moot.  Now, the only problem is this (potentially).  IF it could be proved that he "assisted an enemy at war with Canada", what of the fact that AQ has no "state"? 
Perhaps such a charge against Mr. Khadr could be precedent setting in that the restriction to hostilities between nations, declared or not, may be seen as "moot" given the modern day reality of combatants without state.  That or they would have to say that he represented the (defunct) government of Afghanistan (eg: Taliban) at the time of the act.
(No, I am not a lawyer)
EDIT:
If convicted of high treason:
47. (1) Every one who commits high treason is guilty of an indictable offence and shall be sentenced to imprisonment for life.
....
For the purposes of Part XXIII, the sentence of imprisonment for life prescribed by subsection (1) is a minimum punishment.

(source:  http://www.canlii.org/ca/sta/c-46/sec47.html)

 

[Big Foot]

Unbelievable, absolutely unbelievable. I really hope this guy has charges awaiting him when, and if, he arrives back in Canada. He absolutely deserves to be charged with treason. He killed an American soldier, a NATO ally, in a country where we are at war. If he doesn't get charged with treason, or at very least, murder and attempted murder, there is something seriously wrong. With this being said, I am not usually a proponent of the death penalty but provided he is actually guilty of what he is accused of, I say he deserves nothing better than a trip to the gallows. It disgusts me to think that this individual is "entitled" to carry the same passport as the rest of us.

 

[deedster]

Well said Big Foot 

 

[Big Foot]

Furthermore, the attitude of his family disgust me. the quote from his sister:

"We always had hope and we pray and we're going to continue doing that," she told CTV Newsnet.

gives the impression that his family feels he has done nothing wrong, despite mudering an American soldier and fighting for a terrorist organisation in a nation where we are currently at war. How this family is still in Canada, God only knows...

 

[vonGarvin]

Instead of just focussing on this POS, consider Christopher Speer, the Sergeant First Class whom Khadr is accused of killing.


"He was remembered as a capable and confident soldier with an unflappable sense of humor. When the chips were down, friends said, he could pick up his co-workers with a smile and a laugh"
......
And the only reason he is still breathing today:
"Colonel Morris Davis, Khadr's prosecutor, in statements to the press, said that Khadr owed his life to American medics who stepped over the dead body of their colleague to treat Khadr's wounds. Speer died from his wounds on Aug 6 2002 at the age of 28."
(both above from http://en.wikipedia.org/wiki/Christopher_J._Speer)


Here is a condolence page for SFC Speer:  http://www.groups.sfahq.com/3rd/speer_kia.htm

"Six days before he received the wounds that killed him, Sgt. 1st Class Christopher J. Speer walked into a minefield to rescue two wounded Afghan children, according to fellow soldiers.
He applied a tourniquet to one child and bandaged the other, they said. Then he stopped a passing military truck to take the wounded children to a U.S. Army field hospital.
Speer saved those children, his colleagues said."

 

[gaspasser]

Khadr WILLINGLY went to Afghanistan, WILLINGLY recieved training on how to blow things up, WILLINGLY threw and explosive at an American convoy.  Was treated by US Forces after killing an American.  Spent 5 years in Qit'mo...umm, can his ass back to Afghanistan and see how he does up against us this time.    :rage:
I hope they do NOT deport his butt up here.    :sniper:
My 0.02 

 

[Big Foot]

I'd almost agree with sending him back to Afghanistan, let him see just how plush Gitmo is when compared to the Kandahar Hilton...

 

[cplcaldwell]

From today's Toronto Star, SHared under the Fair Dealings provisions of the Copyright Act, RSC

My italics added

Khadr charges dismissed


Jun 04, 2007 01:31 PM
MICHELLE SHEPHARD
Staff Reporter
GUANTANAMO BAY, Cuba – Military charges against Canadian Omar Khadr have been dismissed in a stunning decision that leaves the 20-year-old’s future uncertain and delivers yet another setback in the U.S. government’s attempt to hold trials here.

Judge Army Col Peter Brownback ruled that the military commissions did not have the jurisdiction to hear Khadr’s case following a brief hearing today.

Khadr had been charged earlier this year with murder in violation of the law of war, attempted murder, conspiracy, spying and providing material support for terrorism.

Brownback stated that all charges were “dismissed without prejudice,” in a surprise ruling during what was supposed to be the former Toronto resident’s arraignment.

This is the second time charges against Khadr have been thrown out. He was first charged with war crimes in 2005 but the U.S. Supreme Court ruled last June that the commissions were illegal and required the endorsement of Congress.

In October, U.S. President George W. Bush signed into law a revised Military Commissions Act, this time with the blessing of Congress.

But Brownback ruled that the commissions were established to try “unlawful enemy combatants,” while Khadr, and all 380 detainees still imprisoned here, underwent administrative hearings where they were determined to be “enemy combatants."

“The commission system has once again demonstrated it’s a failure,” said Guantanamo’s Chief Defense counsel Col. Dwight Sullivan.

“The significance of this ruling today is enormous.”

But what it means for Khadr, and whether he could again be charged, remains unclear.

Today was the first time Khadr has been seen by reporters since his hearing last April. Wearing an olive-coloured prison uniform and black sandals, Khadr did not show any reaction when the charges were dismissed.

Looking much older than last year and now with curly hair and a full beard, Khadr spent almost the entire proceedings watching the screen in front of him that televised the hearing to spectators in the courtroom and other closed circuit monitors on the base.

He spoke briefly with his Canadian attorney Dennis Edney but did not speak publicly.

The Pentagon alleges that Khadr was shot and captured on July 27, 2002 after throwing a grenade that killed Delta Force soldier and medic Chris Speer. Khadr was 15 at the time and the sole survivor inside a suspected Al Qaeda compound that was bombarded with air and ground assaults by U.S. coalition forces.

The prosecution also claims he underwent terrorist training and planted improvised explosive devices to target coalition forces in Afghanistan and said they would show at his trial a video that allegedly depicts Khadr converting landmines into IEDs.

Khadr was taken to Baghram after his capture and received medical treatment until he was transferred to Guantanamo in October 2002, after his 16th birthday.

Australian detainee David Hicks is the only other detainee to have previously faced the new military commission and due to his speedy guilty plea – and a diplomatic arrangement between his government and the U.S. that allowed him to serve a 9-month sentence in Australia – the case is not regarded as a true test of the new law.

Hicks left Guantanamo last month and will likely be released before New Year’s.

 

[gaspasser]

Wow, hard to beleive there are three threads about this POS.  Send him back to Afghanistan and see how he likes it there. 
Sorry, no sympathy here, it's in the dictionary between...you know the rest.
Would like to add this...HE, bag 7, FFE!!!

 

[Yrys]

U.S. case against Khadr collapses

(source:  http://www.theglobeandmail.com/servlet/story/RTGAM.20070604.wkhadr0604_1/BNStory/International/home)

articles on the same subject

Guantanamo Canadian case dropped

http://news.bbc.co.uk/2/hi/americas/6720315.stm

Charges against Guantanamo detainee dismissed

http://edition.cnn.com/2007/US/06/04/guantananmo.detainee.ap/index.html

 

[scas]

I am sorry if I offend anyone here, but if he's sent back to Canada, Charge him with High Treason as he is a canadian, then put him in a jail with no windows, and make his roomate Paul bernardo, or some crazy canibal..

 

[Yrys]

or some crazy canibal..

Those are in hospitals.

 

[seamus]

The latest on Khadr's trial is that it was a technicality.This does not ensure release, as well as prosecutors can just rename under which heading he is being held and retry him. Hopefully the prosecution just resubmits the paper work. Some of the blogs out there concerning this case,(in which I have a fascination), talk about how he is only 15, a minor and how his father,(who moved him there). Had an influence over his thinking process(brainwashed). Hey as far as I am concerned if you are going to pick up the AK-47, you have to pay the price. And the brainwashed garbage, hey my father wanted me to become a doctor. Which I only obtained on some nights in my youth, when I was drunk and trying to pickup. In short he deserves what he gets,(hopefully a long stretch).

 

[cplcaldwell]

Quite right seamus, take a look at Tom Clark's report from CTV Newsnet, this is not a get out of jail card, just a confirmation that he remains in a limbo.



Note that first link is optimized for high speed, if you have trouble with it try, this link and choose CTV Newsnet: Tom Clark explains the legal loophole 2:01 , from the menu on the right.

 

[GAP]

Judge affirms ruling to dismiss Gitmo charges
Article Link

WASHINGTON (CNN) -- A military judge on Friday rejected the Pentagon's request to reinstate previously dismissed charges against a prisoner accused of killing a U.S. soldier in Afghanistan in 2001, officials said.

Judge Army Col. Peter Brownback dropped the charges against Canadian detainee Omar Khadr last month on the grounds Brownback's court lacked the jurisdiction to try him.

Khadr was 15 when he was arrested.

The inability to prosecute centered on Khadr not being labeled an "unlawful" enemy combatant.

Last month, Brownback said new congressional rules on trying detainees specify that a detainee must be designated an "unlawful enemy combatant."

Pentagon officials would not release Brownback's most recent decision, but said he ruled the prosecution had presented no new evidence or arguments to change his mind.

The prosecution has five days to appeal to the Court of Military Commissions Review in Washington
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