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OMAR KHADR: CANADIAN in GUANTANAMO Introduction OMAR KHADR: CANADIAN IN GUANTANAMO Introduction because of an error in the wording of Focus “Enemy Combatant” Omar Khadr is U.S. Military Commission judge Colonel the indictment, thus sending the U.S. a member of Peter Brownback must have been military justice system into another one of the most shocked when he read the indictment tailspin. notorious families laying out the charges against Canadian in Canada. His terrorism suspect Omar Khadr. The Case of Omar Khadr father was an Al Everything seemed clear at first: Khadr What makes Omar Khadr’s case unique Qaeda lieutenant and financier, was accused of killing a U.S. Special is that he was only 15 when he allegedly his brothers Forces medic, planting landmines against threw the grenade that killed U.S. were trained U.S. army convoys, and working as Special Forces medic Christopher Speer at Al Qaeda a translator for Al Qaeda. All of this in the summer of 2002. A U.S. air strike militia camps in occurred in Afghanistan after the attacks had just flattened the Al Qaeda safe Afghanistan, and on the United States on September 11, house where Khadr had been hiding. his mother and 2001. However, there was one major After the bombing, Speer and his U.S. sister are both vocal opponents of error in the prosecution’s case: they Special Force troops moved in, expecting the U.S. This News had failed to identify Khadr as an to find nothing more than rubble. in Review module “unlawful enemy combatant”; instead Suddenly, a grenade came at them. The examines the story he was referred to as simply an “enemy explosion seriously wounded Speer and of Omar Khadr, combatant,” and that was enough to have several others and, when the alleged accused of killing a the charges dismissed. Brownback must assailant stepped out into the open, the U.S. soldier when troops fired three bullets into his chest. he was just 15, as have wondered how the legal process he continues to had been so seriously derailed. While Khadr survived being shot, Speer languish in the The original military tribunal system did not survive the grenade attack. The controversial U.S. proposed by the Bush administration had 15-year-old was treated and interrogated military prison at been initially declared unconstitutional, at Bagram Air Base in Afghanistan Guantanamo Bay, and then illegal by the U.S. Supreme before being shipped to the U.S. military Cuba. Court. This forced the government to prison at Guantanamo Bay, Cuba. pass the Military Commissions Act Canadian authorities learned about implementing a new tribunal system that Khadr’s arrest about a month after the could legally—in the eyes of U.S. law— incident in Afghanistan. They asked for prosecute detainees if certain procedures and were not granted consular access were followed. Had the prosecutors not to see the boy. Instead they received read the act? Brownback found himself assurances from the International Red in the woeful position of having to issue Cross (www.icrc.org/) that he was a ruling that would no doubt embarrass doing well. After Khadr was transferred his country’s handling of prisoners to Guantanamo Bay, the Canadian captured in Afghanistan and Iraq, shed government asked the U.S. for access more light on the awful conditions to the boy, and in the winter of 2003 at the military prison at Guantanamo a series of “welfare visits” began. Bay, Cuba, and see the charges against However, the nature of these visits Omar Khadr—a potential enemy of the became the subject of great controversy. state—dismissed. And that is exactly Reports emerged that Canada’s spy what happened in June 2007. Brownback agency, CSIS, and the Department of dismissed the charges against Khadr Foreign Affairs had interrogated Khadr CBC News in Review • September 2007 • Page 42 and handed the information over to the on behalf of Khadr’s father when he Further Research United States. This was a far cry from was accused of financing the terrorist To stay informed about the activities looking into the boy’s welfare. attacks on the Egyptian embassy in of CSIS visit www. Pakistan. Ahmed Khadr was eventually csis-scrs.gc.ca. To Government Silence released, and he and his family moved to learn more about The Canadian government has been Jalalabad, Afghanistan, to live with bin the Department surprisingly silent with regard to the case Laden. Omar and his brothers attended of Foreign Affairs, of Omar Khadr. As a Canadian citizen, Al Qaeda training camps while living in visit www.dfait- maeci.gc.ca. Khadr might have assumed that his the midst of bin Laden and his Al Qaeda government would at least try to get him cohorts. Sympathy for Khadr became out of the prison at Guantanamo Bay—a further complicated after his capture prison that has been almost universally when his mother and sister appeared on condemned by other allies of the United the CBC, championing the efforts of States for its inhumane treatment of those fighting the U.S. and endorsing the prisoners. Britain fought to have five actions of Omar on that fateful day in the British residents—not citizens—released summer of 2002. from Guantanamo and brought back to the UK. Australia negotiated the release Growing Momentum of detainee David Hicks, agreeing that he Regardless of his family background, would serve his sentence in an Australian momentum has been building in prison with Hicks’s assurances that support of Omar Khadr as human he would not tell the media he had rights advocates begin to rally behind been tortured while he was in custody. his cause. These advocates argue that Meanwhile Canada has sat tacitly by any Canadian held by a foreign power while charges against Khadr have been deserves the protection of the Canadian brought forward and dismissed twice, government—whether the person is and the tribunal system of justice for wrongly accused of something, as in the detainees has been ruled illegal and case of Maher Arar, or simply accused unconstitutional by U.S. courts. The of committing an offence, as in the UN—along with many nations around case of Omar Khadr. The Charter of the world—have called for the closing of Rights and Freedoms is designed for the U.S. military prison in Guantanamo all Canadians and cannot be ignored Bay. or used to discriminate between noble But Khadr’s case has aroused little and detestable causes or citizens. With sympathy among Canadians. Khadr and this in mind, Khadr’s Canadian and two of his brothers were trained at Al military lawyers brought their case Qaeda military camps in Afghanistan. to the Canadian Bar Association’s His father, Ahmed Said Khadr, who annual conference in the summer of gained his citizenship after emigrating 2007 and received almost universal from Egypt, was a reputed senior Al backing for their fight to get Khadr Qaeda lieutenant, a personal friend of out of Guantanamo. Just prior to the Osama bin Laden’s, and a financier conference, an open letter was sent to for the organization. Some say the Prime Minister Stephen Harper—signed government’s silence regarding Khadr’s by current and former parliamentarians, plight is a case of the son being held over 100 academics, and a number of accountable for the sins of his father, human rights organizations—asking the citing the 1996 incident where Prime prime minister to intervene on behalf of Minister Jean Chrétien intervened Khadr. They argued that the civil rights CBC News in Review • September 2007 • Page 4 of all Canadians were in jeopardy if the throughout their meeting. Khadr’s Did you know . government was to start picking and lawyers, both civilian and military, Guantanamo Bay is in Cuba and the choosing who it would defend. have called for his immediate release Cuban government In the meantime, Omar Khadr from the prison in Guantanamo Bay. views the U. S. continues to live in confinement at the They insist that his age must be taken presence there U.S. military prison at Guantanamo Bay. into consideration before proceeding as illegal. Cuba He is now 20 years old but, according to any kind of trial. Meanwhile, the refuses to cash to his lawyers, is still very much a boy. Bush administration, still reeling from the annual rental cheques sent by Having been unable to associate with the Brownback decision, is working the U.S. anyone since the age of 15, his maturity feverishly to bring new charges has been severely delayed. During against Khadr in an effort to hold him one visit, his lawyers say he asked for accountable for the actions he allegedly crayons and paper, while noting the took against the U.S. military after stress and anxiety displayed by him September 11, 2001. To Consider 1. What decision did Colonel Brownback have to render after reading the indictment against Omar Khadr? 2. What is Khadr accused of doing in the summer of 2002? 3. Why hasn’t the Canadian government intervened on behalf of Khadr? 4. How has momentum been building among some Canadians to get Khadr out of the prison in Guantanamo Bay? 5. Briefly describe your initial impression of this case. CBC News in Review • September 2007 • Page 44 OMAR KHADR: CANADIAN IN GUANTANAMO Video Review Watch the documentary and respond to the following questions. 1. What was Omar Khadr accused of doing in July 2002? 2. Where was Khadr eventually taken for detention as a prisoner? 3. What did Maha and Zaynab Khadr mean when they used the word shaheed? 4.
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