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THE TRIAL of OMAR KHADR Child Soldiers

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THE TRIAL of OMAR KHADR Child Soldiers THE TRIAL OF OMAR KHADR Introduction In late October 2010 the last act in the However, shortly after the trial began Focus long and dramatic story of Omar Khadr in August 2010, it had to be adjourned This News in Review story focuses on the finally came to an end when he pleaded for a month because of the sudden life and recent trial guilty at a trial before a U.S. military collapse of Khadr’s defence lawyer in of Canadian Omar tribunal. The Canadian-born Khadr was court. When the proceedings resumed Khadr. Khadr spent only 15 years old when he was taken in October, Khadr entered a new plea eight years in the in 2002 to the Guantanamo Bay, Cuba, of “guilty.” It has been suggested United States military prison camp as an alleged terrorist. He that the new plea was the result of prison at Guantanamo was accused of killing one U.S. Marine an intense round of plea-bargaining Bay, Cuba, after being charged with with a grenade and wounding another negotiations between U.S. and killing an American during a firefight between Al Qaeda Canadian officials, including Secretary serviceman during the militants and U.S. forces in Afghanistan. of State Hillary Clinton. On October war in Afghanistan. In When his long-awaited trial finally began 25, 2010, Khadr was given an eight- October 2010, Khadr he was 24. year sentence. He would be eligible for pleaded guilty to the Throughout his long incarceration, a transfer to a Canadian prison after charges. Khadr had always insisted on his serving one more year at Guantanamo innocence. He claimed that he could not Bay. Further Research have thrown the deadly grenade because Throughout the years of Khadr’s Learn more from he had already been badly wounded in imprisonment, the Canadian government a timeline of the the shootout with the Marines. When consistently resisted pressure to Khadr trial by visiting the trial began in August 2010, he intervene in the case and bring him CBC News online at originally entered a plea of “not guilty” home to this country. Despite the fact www.cbc.ca/canada/ to the five charges levelled against him: story/2010/08/12/f- that there was considerable doubt about omar-khadr-trial.html. murder, attempted murder, conspiring his guilt, and serious allegations that with terrorists, spying, and providing he was suffering mistreatment at the support for terrorists. His Canadian hands of his jailers in Guantanamo Bay, legal team and the U.S. military lawyer Prime Minister Stephen Harper refused authorized to defend him at the trial to act on Khadr’s behalf. Once the stated their belief in Khadr’s innocence. verdict was rendered, Foreign Affairs Because of his age they considered him Minister Lawrence Cannon reluctantly to be a child soldier and therefore also acknowledged that Omar Khadr would a victim of wrongful imprisonment in fact be repatriated to Canada in a and mistreatment, not a cold-blooded year’s time. Shortly thereafter, he may terrorist assassin. even be eligible for parole. To Consider 1. In what ways could Omar Khadr be considered both a child soldier and a terrorist? 2. What are some of the reasons why Khadr might have changed his original plea of “not guilty” to “guilty”? 3. What is a plea bargain and how might Khadr have benefitted from it? 4. Do you think plea bargaining should be a part of the criminal justice system? Why? 5. Why might Prime Minister Harper and his government have been reluctant to intervene with U.S. authorities on Khadr’s behalf? CBC News in Review • December 2010 • Page 6 THE TRIAL OF OMAR KHADR Video Review Quote Pre-viewing Questions “Successive federal With a partner or in a small group, discuss and respond to the following governments failed to questions. protect Khadr’s rights 1. How much do you know about the case of Omar Khadr? as a citizen. Earlier this year, the Supreme Court has confirmed that federal officials violated Khadr’s 2. Why do you think Khadr’s case has attracted so much media attention, constitutional rights.” both in Canada and around the world? — Lee Prokaska, journalist (The Hamilton Spectator, November 2, 2010) 3. How much do you know about child soldiers and their role in various conflicts around the world? 4. Do you think that the Canadian government’s decision not to intervene with U.S. authorities in the Khadr case was right? Why or why not? Viewing Questions As you watch the video, respond to the questions in the spaces provided. 1. When did the trial of Omar Khadr begin? Where did it take place? 2. What charges was Khadr facing at the trial? 3. Who is Sgt. Layne Morris and what is his opinion of Omar Khadr? 4. Who is Lieut-Commander William Kuebler and what is his opinion of Khadr? CBC News in Review • December 2010 • Page 7 5. What are the two versions of the events of July 2002 in Khost, Afghanistan, Quote in which Khadr was implicated? “At 24, Omar Khadr has never truly been in control of his own life . But today—after spending more than one-third of his life locked inside the world’s most notorious cage—Khadr finally has the chance to 6. Why is the evidence against Khadr considered to be controversial? be his own man.” — Michael Friscolanti, journalist (Macleans. ca, November 9, 2010) 7. What evidence is there that Khadr was subjected to mistreatment during his captivity? 8. Why is Omar Khadr’s family unpopular among many Canadians? 9. How would Omar Khadr’s family background have influenced him to become a fighter with Al Qaeda in Afghanistan? 10. What evidence is there that Khadr had changed his views about fighting Americans? 11. What ruling did the Supreme Court make on the case in January 2010? 12. What criticisms of the trial of Omar Khadr were made by Alex Neve of Amnesty International and Dennis Edney, Khadr’s defence lawyer? CBC News in Review • December 2010 • Page 8 13. Why did Khadr decide to change his plea from “not guilty” to “guilty” when the trial resumed? 14. What statement did Khadr make to Tabitha Speer, the widow of Marine Sgt. Christopher Speer, the soldier he is alleged to have killed with a grenade? 15. a) What sentence did the prosecution request for Omar Khadr? What sentence did the jury impose? b) Why was this only a symbolic gesture on its part? 16. How much more jail time does Omar Khadr have to serve in Guantanamo Bay? How much will he have to serve on his return to Canada? Post-viewing Questions 1. Now that you have watched the video, revisit your responses to the Pre- viewing Questions. How has watching the video helped you respond to the questions in greater depth? Have your opinions on the Omar Khadr case changed in any way? Explain. 2. Would you describe Omar Khadr as a “child soldier” or as a “terrorist”? Explain. 3. If you were in a situation like Omar Khadr, would you choose to accept a plea bargain that involved pleading guilty to the charges against you— even if you believed you were innocent—in return for a substantially reduced jail sentence, most of which would be spent in Canada? Why or why not? CBC News in Review • December 2010 • Page 9 THE TRIAL OF OMAR KHADR The Trial Quote Reading Prompt [Khadr] “would have As you read this account of the trial of Omar Khadr make a list of three or four confessed to anything, key events that were important to the outcome of the proceedings, and why. including the killing of John F. Kennedy, The Stage is Set only that he had been used as a child just to get out of this After almost eight years in detention at soldier by his Al Qaeda superiors hellhole.” — Dennis Guantanamo Bay, Cuba, Omar Khadr Edney, Khadr’s finally faced his accusers in a U.S. A Change in Strategy Canadian lawyer (CBC The trial was adjourned for a few months News, October 25, military tribunal held at the base. A jury 2010) of seven American military personnel— after one of Khadr’s lawyers collapsed four men and three women—would sit at trial. Just weeks before the trial was in judgment of the young Canadian- scheduled to resume in late October, born Al Qaeda fighter and alleged rumours began to circulate in the media terrorist and murderer. The tribunal about a possible plea deal that Khadr and would operate under a military code his lawyers were negotiating with U.S. of justice quite different from the way authorities. As the story gained more a trial is conducted in a civilian court. credibility, it was even reported that U.S. For example, in a military tribunal the Secretary Hillary Clinton had discussed accused can be found guilty if five of Khadr’s possible repatriation to Canada the seven members of the jury vote to with Foreign Affairs Minister Lawrence convict, while in a civilian trial the jury’s Cannon. decision must be unanimous. This was a dramatic departure from On August 9, 2010, Omar Khadr the Canadian government’s previous formally pleaded not guilty to the five position on the Khadr case. Up to this charges the prosecution had brought point, the federal government had shown against him: the murder of Marine no inclination to intervene on his behalf Sgt. Christopher Speer; the attempted or commit itself to permitting his return murder of Sgt. Layne Morris; conspiring to Canada to serve his sentence.
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