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The Khadr Thread

Bruce Monkhouse said:
Whats one more with the thousands and thousands we have roaming around now after doing 20 years in jail?
The ones roaming the streets now that have committed a murder did so as a "regular" crime. 

Khadr committed this crime believing that Allah god supported him. He was fighting a Jihad, and everyone here knows that a Jihad will not end with being arrested and imprisoned.


PS: I hate to call the murders happening here a "regular" crime, but it was the best fitting word for comparing to Khadr's.
 
geo said:
The one big thing that concerns me is that, some time, some day, this fella will be released from jail and be allowed to return to Canada (he is a Citzen after all!).

5 years of cooling his jets in Guantanamo and saaay a 10 to 20 yrs conviction.  Talk about a fella that'll have an attitude.  What are you & I going to do with someone like that?

...........but he won't be going to jail in Canada, where 'life' means 10 years (maybe). I doubt we'll see him free in 20 years. There's all the other serious charges pending also. If they say 'life' down there, they usually mean it.
 
I think Foreign Affairs should petition the US to ensure NO discrimination.....he should serve his time in the general population.
 
Kitchener-Waterloo Record, Wed; Apr 25, 2007

Article Link http://www.therecord.com/news/world/w042458A.html


Reproduced under the fairdealings provisions of the copyright act.

Pentagon lays new charges against Khadr in bid to get military tribunal going
BETH GORHAM

WASHINGTON (CP) - The U.S. Defence Department laid new terrorism charges Tuesday against Canadian Omar Khadr, paving the way for a long-delayed military tribunal at Guantanamo Bay.

Khadr, 20, who has been in U.S. military custody since he was 15 years old, is accused of murdering an American medic in Afghanistan in 2002. He also faces charges of attempted murder, conspiracy, spying and providing material support for terrorism.

The Pentagon said Khadr will be arraigned within a month at the American prison camp in Cuba and jury selection will begin within four months.

A trial schedule will be set after that.

Khadr may become only the second detainee to face a tribunal. Australian David Hicks reached a plea deal with U.S. authorities last month.

Lawyers for Khadr were livid Tuesday, saying the new charges aren't valid war crimes and he doesn't stand a chance of a fair trial despite changes to the system made by Congress last year after the U.S. Supreme Court declared it illegal.

"This is a system designed to produce convictions," said Khadr's civilian lawyer, Muneer Ahmad, a law professor at George Washington University.

Khadr's tribunal will be a "show trial" he said, and an attempt to prove the military commissions work after the Hicks deal short-circuited Guantanamo's first tribunal.

"The Ringling Brothers (of big-top circus fame) would be proud," said Ahmad.

"Hicks was a disaster for them. Everyone knows there was no law involved in that. It exposed the system as the same crazy ad hoc one thrown out by the Supreme Court the first time, he said.

"This is a hell of way to try to rehabilitate yourself."

Khadr's lawyers have repeatedly urged Canada to step in like Australia did to ensure Hicks could serve his prison term at home after he pleaded guilty.

But Khadr's chief military lawyer, Colby Vokey, who condemned the entire process as a "kangaroo court," said he has no sense that Canada is more willing now to negotiate a political solution.

Unlike most western countries, Canada hasn't publicly stated a position on the commissions or the prison camp. Britain, for instance, has refused to allow its citizens to be tried there.

Khadr, who attended some pre-trial hearings in January 2006 before the tribunals were declared illegal, hasn't seen his lawyers for several months.

In his first phone call to his family in Toronto in nearly five years, Khadr said last month he plans to boycott his trial and has no hopes of justice.

Vokey says he sympathizes entirely and has repeatedly asked that he be assigned some Canadian lawyers as well.

Khadr, who says he's been tortured and held in isolation for long periods, is charged with throwing the grenade that killed U.S. army Sgt. Christopher Speer in Afghanistan on July 27, 2002.

The Pentagon charge sheet also alleges Khadr converted landmines into improvised explosive devices and planted them to kill U.S. or coalition forces.

The conspiracy support of terrorism and spying violations allege Khadr received training from al-Qaida in 2002 and conducted survelliance against the U.S. military.

Rights groups have rallied behind the Canadian, blasting the U.S. for trying someone who was a child at the time of the alleged war crimes.

© The Canadian Press, 2007
 
I thought I would place my thoughts and feelings in respect to this, in a reply below as to keep the post for the article, easier to read. The article is stating, that Khadr has not had a chance to call home for 5 years. What about the Medic that was murdered that will not ever be able to call home again? I remember reading this article at work tonight, and in the past as I have followed it a little bit as it has come up. My question to myself, when I read articles such as this, is why is there such a need to run to the "rescue" of individuals that commit acts of Terror? And it makes me just as disappointed to hear of any "Rights" group that would stand behind anyone that commits these acts of violence, as stated at the end of the article. Shame on them.

~Rebecca
 
Here's a link to an interesting article regarding the laws governing the military trials of terror suspects and perpetrators.
http://www.aclu.org/natsec/emergpowers/14373leg20011129.html

This is an excerpt from the article linked above which I believe may shed some light on your question of "why people support the terrorists?"

The breadth of the President's order raises serious constitutional concerns. It permits the United States criminal justice system to be swept aside merely on the President's finding that he has "reason to believe" that a non-citizen may be involved in terrorism. It makes no difference whether those charged are captured abroad on the field of battle or at home by federal or state police. It makes no difference whether the individual is a visitor or a long-term legal resident. Finally while the order applies in terms only to non-citizens, the precedents on which the President relies make no such distinction, permitting the order to be extended to cover United States citizens at the stroke of a pen.

The basic, fundamental rights guaranteed in United States courts and in ordinary courts-martial will not necessarily be afforded the defendants. The order purports to prevent review by any civilian court - including the Supreme Court of the United States - to ensure that even those rights ostensibly granted in the military proceeding are not violated. The rules and regulations that govern the tribunals are still being formulated. But, at the Pentagon's discretion, trials can be conducted in secret, and evidence can be introduced without the defendant being able to confront it. Only two thirds of the military officers on the tribunal's jury need find a defendant guilty, and the order provides for no meaningful appeal, even in cases involving the death penalty. Other basic rights remain unprotected. These rights seek to ensure that the government gets it right, punishing the guilty and permitting the innocent to be cleared.

In lieu of these comments you should see how these provisions could seem threatening to any citizens rights and freedoms.  Obviously these sanctions on the regular justice system were not imposed to detain your average citizen at the slightest whim of the president's fancy, but rather for the purpose of detaining legitimate terror suspects.

The real issue behind support of these suspects is that anyone who's bickering about these cases is obviously left of centre (at least...most likely far to the left).  That's why you have statements coming from them like "He was only a child when he threw the grenade :crybaby:".  Oh well...so what, give him another 5 years then.  Anyone that thinks that living in Afghanistan he would have shifted to a more lenient stance on Western policy is out of their mind...it would have been the complete opposite.  That's why we're fighting there for God sake!!

These people are terrified of anything that may infringes upon their rights and freedoms (even if it's intent is to bolster national security)...They are the types of people who like to organize protests and parades in support of whatever the hot button issue is at the time, be it the rain forest, gay rights, abortion or the rights of potential terror suspects.  They're afraid that they'll have their rights to protest/clamour about their little pet projects smashed to pieces by "Big Brother".  The bottom line here really is that these people don't live in a little place I like to call REALITY...and I stop right there before I fly off the handle and go on an angry rant. :salute:
hope this gives you some insight

 
From today's New York Times:

http://www.nytimes.com/2007/06/03/us/03gitmo.html?hp=&pagewanted=all

A Legal Debate in Guantánamo on Boy Fighters

By WILLIAM GLABERSON
Published: June 3, 2007

The facts of Omar Ahmed Khadr’s case are grim. The shrapnel from the grenade he is accused of throwing ripped through the skull of Sgt. First Class Christopher J. Speer, who was 28 when he died.

To American military prosecutors, Mr. Khadr is a committed Al Qaeda operative, spy and killer who must be held accountable for killing Sergeant Speer in 2002 and for other bloody acts he committed in Afghanistan.

But there is one fact that may not fit easily into the government’s portrait of Mr. Khadr: He was 15 at the time.

His age is at the center of a legal battle that is to begin tomorrow with an arraignment by a military judge at Guantánamo Bay, Cuba, of Mr. Khadr, whom a range of legal experts describe as the first child fighter in decades to face war-crimes charges. It is a battle with implications as large as the growing ranks of child fighters around the world.

Defense lawyers argue that military prosecutors are violating international law by filing charges that date from events that occurred when Mr. Khadr was 15 or younger. Legal concepts that are still evolving, the lawyers say, require that countries treat child fighters as victims of warfare, rather than war criminals.

The military prosecutors say such notions may be “well-meaning and worthy,” but are irrelevant to the American military commissions at Guantánamo. Mr. Khadr is one of only three Guantánamo detainees to face charges under the law establishing the commissions, passed by Congress last year.

...
 
The charges against Omar Khadr, the only Canadian being held in the U.S. military's Guantanamo Bay prison in Cuba, have been dropped.

Khadr, 20, had been facing charges of murder and terrorism, and was scheduled to be tried before a U.S. military commission in Cuba. He was to be arraigned on Monday.

More on link - here:  http://www.cbc.ca/world/story/2007/06/04/khadr-charges.html
 
Does this mean he's free to return to Canada?  Gee, I sure hope so  ::)
 
Captain Sensible said:
Does this mean he's free to return to Canada?  Gee, I sure hope so  ::)

They captured him in Afghanistan.  I believe they should return him to the point of capture ... maybe the locals want him.
 
E.R. Campbell said:
They captured him in Afghanistan.  I believe they should return him to the point of capture ... maybe the locals want him.
That's a good point. 
"Sorry, we have nothing against you.  Please watch your head as you enter the aircraft."
"You're taking me to Toronto, right?"
"Um, no sir.  We're taking you back to where we found you."
"Afghanistan?  But, I'm Canadian!"
"That's ok, there are plenty of Canadians in Afghanistan.  I'm sure they'll take good care of you, sir."
*gulp*


>:D
 
According to this American State Dep't official, Khadr could remain a guest for some time....

Canadian Omar Khadr faces the possibility of indefinite imprisonment at Guantanamo Bay, Cuba, even if he is acquitted of murder and terrorism charges at his war crimes trial later this year, a senior U.S. State Department official said (29 May 07) ....  John Bellinger, the legal adviser to Secretary of State Condoleezza Rice, said the U.S. military could keep Khadr behind bars if he is found not guilty because it has already determined he is an 'unlawful enemy combatant' not subject to the same rights as a prisoner of war.  Although there is a "certain expectation that someone might be released" if found not guilty, the U.S. claims it would have the right under international law to keep Khadr detained until the end of the ongoing war with al-Qaida - a military conflict that could continue for decades.  "As a matter of law, we believe we may continue to hold someone even if they are acquitted," Bellinger told a group of Canadian reporters.  The detainees at Guantanamo "continue to be held because they are combatants and they would return to acts of combat," he said, "and we think, as a matter of international law, one can hold them until the end of that conflict."

(CanWest News Service, 30 May 07)

A bit more detail, courtesy of Associated Press, shared with the usual disclaimers...

A military judge has dismissed charges against Canadian detainee Omar Khadr, saying the matter is outside the jurisdiction of the military tribunal system.

The ruling Monday by army Col. Peter Brownback came just minutes into Khadr's arraignment, in which he faced charges he committed 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.

Khadr had been classified as an "enemy combatant" by a military panel years earlier at Guantanamo Bay, but because he was not classified as an "alien unlawful enemy combatant," Brownback said he had no choice but to throw the case out.

The Military Commissions Act, signed by President George W. Bush last year after the U.S. Supreme Court threw out the previous war-crimes trial system, says specifically that only those classified as "unlawful" enemy combatants can face war trials here.

Khadr has been in U.S. custody since he was captured in Afghanistan in 2002.

The 20-year-old was charged with murdering U.S. medic Sgt. Christopher Speer.

But activists such as Human Rights Watch argued Khadr, too, is a victim who was dragged to meet al-Qaida leaders at age 10 and sent into the battlefield at 15.

 
While I'll await more details on why the change of heart by the prosecution.....I am willing to bet he'll be suing the Canadian government on some pretext or other.  ::)
 
Is the Globe and Mail "editorialising" in its headline to this story?

U.S. case against Khadr collapses

(source:  http://www.theglobeandmail.com/servlet/story/RTGAM.20070604.wkhadr0604_1/BNStory/International/home)
GUANTANAMO BAY, Cuba — Charges against Omar Khadr were dismissed Monday by a military judge who ruled that his tribunal had no jurisdiction to try the alleged terrorist because the government had failed to designate him an "unlawful enemy combatant.''
"Charges are dismissed with prejudice," Colonel Peter Brownback ruled.
Congress created the military tribunals only to try so-called "unlawful" enemy combatants. The military panel that ruled on Mr. Khadr's status in 2004 designated him as an "enemy combatant."
Whether Monday's legal bombshell really means that Mr. Khadr faces no charges and might perhaps even be released or whether the government will find a way to file new charges against him remains unclear.
Mr. Khadr showed no emotion when the ruling was announced. He was quickly marched out of the courtroom with two guards holding his arms.
Wearing drab prison garb and black flip-flops during the two brief sessions, Mr. Khadr refused to stand as his hearing began — signalling his disdain for the U.S. military tribunal that was intended to try him on murder and terrorist charges.Mr. Khadr, now 20 and with a full beard and unruly hair, said nothing during the two sessions.
The ramifications for Mr. Khadr and hundreds of other detainees at prisons at this U.S. naval station in Cuba remain unclear.
Court was adjourned."


I don't think that the case "collapsed" against "Mr." Khadr.  Rather, there are questions about jurisdiction.  That's all.  My question: would a more appropriate headline had been "US drops charges against Khadr"






 
Good point, Capt S:
CanWest/National Post - Judge dismisses charges against Canadian Guantanamo detainee
BBC - Guantanamo Canadian case dropped
CBC - Charges dropped against Khadr in Guantanamo
Reuters - Guantanamo judge drops Canadian's charges

If MSM is to be believed (in this case, the Globe & Mail), it sounds like a classification error of sorts.....

Charges against Omar Khadr were dismissed Monday by a military judge who ruled that his tribunal had no jurisdiction to try the alleged terrorist because the government had failed to designate him an "unlawful enemy combatant.''  "Charges are dismissed with prejudice," Colonel Peter Brownback ruled.  Congress created the military tribunals only to try so-called "unlawful" enemy combatants. The military panel that ruled on Mr. Khadr's status in 2004 designated him as an "enemy combatant."

Funny - his indictment (here in .pdf) filed in April of this year pretty clearly identifies him as an "alien unlawful enemy combatant".  Have to be patient, I guess, and wait for the primary paperwork to come in...
 
Unflipping believable.

Something to do with the prosecutors messing up the distinction between LEGAL and ILLEGAL combatants.

This does NOT mean that he will be released and will apparently remain in custody indefinately.

I say fine, deem them as LEGAL combatants!! Since the war on TERROR will not be over anytime soon, and since the Taliban have vowed to "retake" Afghanistan, then the US would be well within there rights to keep them until their "LEGAL" enemy, SURRENDERS!. Until then, they can remain "POWS" and work on their Cuban suntans.



 
Captain Sensible said:
That's a good point. 
"Sorry, we have nothing against you.  Please watch your head as you enter the aircraft."
"You're taking me to Toronto, right?"
"Um, no sir.  We're taking you back to where we found you."
"Afghanistan?  But, I'm Canadian!"
"That's ok, there are plenty of Canadians in Afghanistan.  I'm sure they'll take good care of you, sir."
*gulp*


>:D

This sounds about right, or turn him over to the ANA....his crimes were committed in Afghanistan...
 
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