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: CANADIAN IN GUANTANAMO Introduction

because of an error in the wording of Focus “” Omar Khadr is U.S. Military Commission judge Colonel the indictment, thus sending the U.S. a member of 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 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 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 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 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 . 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. . 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 , 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 , 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 , 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 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 ’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 43 of all Canadians were in jeopardy if the throughout their meeting. Khadr’s Did you know . . . government was to start picking and lawyers, both 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. Do you sympathize with Maha and Zaynab Khadr’s defence of Omar’s actions in July 2002? Explain your response.

5. Why does Abdurahman Khadr consider himself to be the “black sheep” of the family?

6. Briefly describe the path that led the Khadrs into becoming active members of Al Qaeda.

7. What was Ahmed Said Khadr accused of doing in 1996?

8. Describe Abdurahman Khadr’s experience in a military training camp in Afghanistan.

9. How do you feel about Maha, Zaynab, and Abdullah’s reactions to the attacks in the United States on September 11, 2001?

10. What happened when Omar Khadr went to trial in June 2007?

11. Why is it considered unlikely that Omar Khadr will be released from U.S. custody anytime soon?

CBC News in Review • September 2007 • Page 45 OMAR KHADR: CANADIAN IN GUANTANAMO The Incident

Base near . Eventually the identity Note The Capture of Omar Khadr The reports By the summer of 2002, the had of the wounded individual emerged: he and accusations been ousted from power and had fled was Omar Khadr, a 15-year-old boy from surrounding along with their Al Qaeda allies to the . He was a Canadian citizen who Omar Khadr and outskirts of Afghanistan. Most went to had been living abroad with his family his detention areas in the south and east of the - for years. His father was considered by at Guantanamo torn nation, with many seeking safe U.S. authorities to be a senior Al Qaeda Bay are quite operative. Khadr and his brothers were controversial. haven among the Pashtun tribes in the Khadr has been mountain regions straddling the Afghan- trained at Al Qaeda military camps in convicted of Pakistani border. U.S. troops pursued Afghanistan and had been fighting U.S. nothing in a court them and, according to one intelligence troops since their arrival in fall 2001. and must still be report in July 2002, a small group of According to an article published in viewed as innocent Al Qaeda operatives had settled near Rolling Stone magazine, Khadr was until proven the border town of . U.S. Special repeatedly interrogated at Bagram Air guilty. Equally, charges about Forces troops moved in and attempted Base. He was wheeled in on a stretcher U.S. treatment of to apprehend five men holed up in a and was, on occasion, denied pain the detainees at mud brick house in the tiny hamlet of medication so that interrogators could Guantanamo are Ab Khail. Initial efforts to get the men get the information they wanted from generally alleged to surrender failed, so the troops sent him. The story goes on to say that Khadr and have not in translators in an effort to negotiate a was forced to clean the been proven in room floor on his hands and knees while any legal forum. peaceful resolution to the standoff. The This is a troubling men in the house killed the translators, his wounds were still healing. When he case for the young prompting the U.S. soldiers to call in air could stand up, his hands were tied to the Canadian on a support to level the house and kill the top of a door frame and he was forced range of levels. operatives. to stand for hours. If he fell or even Several hours later, the soldiers slumped, the pain would shoot through approached the now-flattened house, his arms. The article also states that at expecting to find nothing more than one point soldiers put a hood over his debris, when suddenly a grenade was head and tied his hands behind his back, thrown at them from behind a wall. while attack dogs were brought forward, The explosion caused injuries that led leaping at his chest (“The Unending to the death of Special Forces medic of Omar Khadr,” Rolling Christopher Speer and wounded several Stone, August 10, 2006). A Washington others. When a combatant stepped out Post report claims that Khadr was from behind the wall, U.S. troops pumped “particularly talkative” while being three bullets into his chest. Still, the questioned at the Bagram Air Base, alleged assailant lived and, as the soldiers quoting one U.S. soldier as saying the approached the person they had just shot, boy was “singing like a bird” (“Canadian they noticed that he was a boy, perhaps teen may be U.S. source,” The Globe and as young as 13. “Kill me. Please just kill Mail, October 30, 2002). me,” he mumbled in perfect English. Khadr at Guantanamo Bay The Detention of Omar Khadr The now-famous pictures of shackled The boy was stabilized at the scene prisoners with hoods over their heads before being transported to Bagram Air kneeling on an airport tarmac in orange

CBC News in Review • September 2007 • Page 46 jumpsuits have been seared into the and shifted the chains so that Khadr’s Did you know . . . memories of many people following the hands and feet were now behind his There was a special facility U.S. “.” Khadr was one back, meeting at the eye-bolt in the floor. at Guantanamo of those shackled inmates as he was Once again, he was left for hours. Upon Bay called Camp transported from Afghanistan to the their return, guards noticed that Khadr Iguana, which prison at Guantanamo Bay, Cuba. What had urinated so they poured a cleaning was used to hold most people don’t know is that prisoners, product on his body, disconnected the three prisoners chained at the hands, feet, and waist, chains, and used him as a human mop under the age of 16. Reportedly it often waited for hours on the tarmac to clean the floor. They returned him to was more humane before boarding the C-130 transport that his cell and didn’t let him change his and even offered would take them to Cuba. Once onboard clothes for two days. This is just one schooling. It was the flight, sensory deprivation gear was story that has emerged from Khadr’s closed when put on the prisoner: mittens bound tightly detention at Guantanamo. He is living the three were at the wrist to cut off blood circulation in and has not had returned to their in the hands, goggles used to cover the a substantial conversation with anyone homelands. Khadr was never held in eyes, and soundproof headphones to but his lawyers for over five years. He . keep out all noise. For 15 hours, Khadr is routinely subject to physical assaults, and many other Guantanamo prisoners sleep disruptions, and isolation. Khadr endured this punishment before arriving has been a “person under control” of the in Cuba. U.S. military since he was 15 years old. Upon arrival, Khadr was transported to Now 20, there is no telling what kind of his prison cell, an open-air the size man Khadr has become. of a closet, where he would stay until Five years after the fact, Omar Khadr the U.S. military had finished building a continues to be held at the U.S. prison nearby permanent prison. Interrogators at Guantanamo Bay. He has had charges picked up where their counterparts brought against him on two occasions, had left off in Afghanistan. Whatever with military judges throwing the information Khadr had about Al Qaeda charges out both times. No doubt the must have been extracted relatively U.S. military will try again. Meanwhile, easily since the boy was allegedly Omar Khadr awaits trial, imprisoned at subjected to physical and psychological Guantanamo, subject to horrific living torture at Guantanamo. According to conditions, with no end to his ordeal in Rolling Stone (August 10, 2006), in one sight. instance, guards took him from his cell to an interrogation room and shackled him Sources: CBC News In Depth: “The Khadr in the fetal position by his hands and feet Family,” cbc.ca; “The Unending Torture of Omar Khadr,” Rolling Stone, August to an eye-bolt in the floor. After leaving 10, 2006 him for several hours, they returned Inquiry 1. In your opinion, should Omar Khadr’s alleged actions be considered murder, self-defence, or the byproduct of war? Support your answer with evidence from the article.

2. The U.S. military maintains that it does not torture prisoners. Explain whether you consider the actions taken against Omar Khadr to be torture or necessary interrogation tactics.

CBC News in Review • September 2007 • Page 47 OMAR KHADR: CANADIAN IN GUANTANAMO Timeline

Carefully read the following timeline and complete the activity that follows. September 11, 2001 Terrorists lead February 2004 The first of the over attacks against the United States, using 700 detainees at Guantanamo Bay are airplanes to slam into targets in New charged with terrorism-related offenses. York and Washington. One plane does November 2004 not make it to its target and crashes The U.S. Supreme in a farmer’s field in Pennsylvania. Court rules that the military tribunal Thousands die in the attacks. system is unconstitutional. May 2005 October 2001 U.S. forces enter An article in Newsweek Afghanistan in an effort to oust the magazine alleges that U.S. forces Taliban from power and capture desecrated the Qur’an—Islam’s most members of the Al Qaeda terrorist group. sacred book—of several detainees. A month later confirms the November 2001 U.S. President George story, referring to the incidents as being W. Bush issues Military Order #1, of “minor significance.” effectively giving himself the power to August 2005 detain terrorist suspects indefinitely. A Canadian federal court judge rules that CSIS must stop March 2002 The U.S. Department of questioning Omar Khadr because the Defense reveals the rules relating to the are a violation of his military tribunals that will be used for rights under the Charter of Rights and the trials of terrorist suspects. Freedoms. April 2002 The U.S. completes September 2005 The U.S. releases construction of a long-term prison documents outlining Omar Khadr’s facility at Guantanamo Bay. alleged terrorist activities in Afghanistan. The documents allege that Khadr killed July 2002 Omar Khadr is captured a U.S. special forces medic, translated after a U.S. Special Forces raid on a for Al Qaeda, planted landmines on suspected Al Qaeda safe house in eastern roads used by U.S. military convoys, and Afghanistan. Khadr is accused of killing performed surveillance tasks on convoys, a soldier. reporting his findings back to his Al October 2002 After recovering from Qaeda superiors. injuries sustained in the July incident, November 2005 Khadr is formally Khadr is shipped to the U.S. prison camp charged for the murder of the U.S. medic in Guantanamo Bay, Cuba. A few months and for terrorism-related offenses. after his arrival, members of Canada’s spy agency, CSIS, and the Department of February 2006 The Foreign Affairs interrogate Khadr. calls for the closing of the U.S. prison in Guantanamo Bay. October 2003 Khadr’s father, Ahmed Said Khadr, is killed in the province of May 2006 The United Nations releases , located in Pakistan near the a report that, once again, calls for the Afghan border. His younger brother, Abdul closure of the Guantanamo Bay prison. Karim, is paralyzed in the incident. The report implores the U.S. to release

CBC News in Review • September 2007 • Page 48 prisoners to the countries from which because the prosecution lawyers failed Further Research they came (unless their release would to identify him as an “unlawful enemy To view the complete text lead to torture by their own government) combatant.” Instead he is identified in of the Geneva or to charge and try terrorist suspects the indictment as an “enemy combatant” Conventions visit immediately. which, according to the Military the site of the UN Commissions Act, is not adequate June 2006 Office of the High The U.S. Supreme Court enough to stand up legally. Commissioner for rules that the military tribunal system is Human Rights on illegal. June 2007 Prime Minister Stephen Refugees at www. Harper receives an open letter from July 2006 unhchr.ch/html/ The U.S. government finally a group of politicians, lawyers, and menu3/b/91.htm. agrees that detainees are subject to the human-rights organizations urging him protections entitled to prisoners of war to take action on behalf of Omar Khadr. under the . Quote August 2007 The Canadian Bar September 2006 “The difference The U.S. writes the Association (www.cba.org), Canada’s between an Military Commissions Act to effectively largest legal organization, calls on unlawful enemy legalize the military tribunal system. combatant and to intervene on Khadr’s behalf. a lawful enemy March 2007 For the first time in five Khadr’s U.S. military lawyer, Lt.-Cmdr. combatant is years, Khadr is permitted to phone his William Kuebler, receives a standing the distinction family. ovation after addressing the lawyers at between being their annual conference. guilty and not June 2007 On the first day of trial, Sources: CBC News In Depth: “Omar guilty. It’s not just charges against Khadr are dismissed a word, it’s a point Khadr,” cbc.ca; . of criminality.” — Canadian lawyer Activity Nathan Whitling Use the information in the timeline to write a newspaper article about the (, August 9, 2007) Khadr case. A good newspaper article strives to communicate the facts of the case and steers clear of opinion or bias. Your article should be 250-400 words in length.

CBC News in Review • September 2007 • Page 49 OMAR KHADR: CANADIAN IN GUANTANAMO Document: Open Letter to PM Harper

June 14, 2007 Quote “I think it is The Rt. Hon. Stephen Harper, PC, MP high time for all Canadians Ottawa, to be speaking out to end this Dear Prime Minister Harper: horrendous lack of due process. — The undersigned call upon the Canadian government to intervene in the Parker MacCarthy, case of Omar Khadr, the Canadian detained by the United States military at President Canadian Guantánamo Bay since 2002. Now 20, Khadr was apprehended when he was Bar Association (Toronto Star, 15 years old and has spent a quarter of his life in U.S. detention.

August 1, 2007) Khadr has twice been brought before military commissions in Guantánamo— and twice the charges have been dismissed. In June 2006, the first case against him was dismissed when the United States Supreme Court declared the entire commission system set up by President Bush unlawful. Only days ago, the charges brought against him under the new Congressionally authorized military commissions were also dismissed when the judge determined the commissions did not have jurisdiction to hear the case. Khadr has now been returned to detention without charge as the United States government tries to decide what to do next. Just prior to these events, a U.S. government official declared that even if Khadr were acquitted of all charges against him, the United States could detain him indefinitely anyway. That same official also added that Canada has initiated no discussions with the United States over the transfer of Khadr from Guantánamo Bay to Canada.

The military commission’s dismissal of charges against Khadr confirms our apprehension that the process devised by the United States to try detainees is fundamentally and irreparably flawed. Our concern about the unfairness of this ad hoc regime at Guantánamo Bay is underscored by the fact that the military commission is authorized to try only non-U.S. citizens. If the system is not good enough for Americans, it should not suffice for Canadians either. We do not believe that Canada should remain silent while the U.S. subjects a Canadian citizen—especially someone who was a minor when first detained—to such a process.

Every other ally of the United States, including the , France, Germany, and Australia, has acted to protect their citizens detained at Guantánamo Bay. Each of these states has succeeded in repatriating its citizens and, in the case of Germany and the UK, permanent resident non- citizens. In all cases except that of Australian David Hicks, the country of citizenship undertook to investigate whether its citizen had committed any war crimes, crimes against humanity, or violations of domestic criminal law.

We urge the Canadian government to follow the precedent of other U.S. allies and insist on the repatriation of Khadr. Like these states, Canada must assert its sovereign interest by providing diplomatic protection to its citizen. We are confident that the Canadian justice system is competent to

CBC News in Review • September 2007 • Page 50 adjudicate the appropriate legal consequences for Khadr, bearing in mind his age at the time the alleged acts occurred.

We are aware that, setting aside any of Khadr’s own actions, the notoriety of his family makes him unsympathetic in the eyes of some. But it is plainly unjust to punish the son for the sins of the father, or to deny a citizen the protection of his government because of the words or deeds of family members. Passively allowing the travesty at Guantánamo Bay to continue not only deepens the damage done to Khadr, it also does a disservice to all those Canadians who, when abroad, expect their government to exercise its full influence in securing their proper treatment. Canadians rightly pride themselves on their global commitment to fair play and human rights. That commitment must now be brought home to Canada. And that means bringing Omar Khadr to Canada.

Yours truly, The Undersigned.

The Undersigned included current and former MPs, over 100 academics, and a number of human rights organizations, including .

Source: “Omar Khadr: Open Letter to Stephen Harper,” www.amnesty.ca

Activity Write your own letter to Prime Minister Stephen Harper that either supports or challenges the position taken in the letter above. Use specific facts from the Khadr case to support your position.

Length of letter: 200-250 words You may use the following organizer to prepare your letter.

Arguments in favour of the Arguments opposed to the Amnesty Amnesty International Position International Position

CBC News in Review • September 2007 • Page 51 OMAR KHADR: CANADIAN IN GUANTANAMO Al Qaeda Family

The strength of the Canadian cultural work was cut short when he was nearly Quote “We don’t want mosaic is the rich diversity that killed by a landmine. He and his family to be the world’s immigrants bring with them to Canada. made their way back to Canada where, jailors. At the same Our nation has become a tapestry that for two years, he recovered from his time, we also don’t weaves together a variety of languages, injuries. As soon as he was healthy want to see very beliefs, philosophies, and ancestries enough to travel, Ahmed and his family dangerous people into, in the overwhelming majority of travelled back to continue his work allowed to walk cases, an admirable unity. However, with Human Concern International. the streets freely so that they can on occasion, the unity of the tapestry However, the organization was put under pose a threat to becomes disturbed by a pattern that the microscope in 1996 when a our citizens as well is contrary to the flow of the fabric of bomber attacked the Egyptian embassy as others.” — U.S. mainstream Canadian consciousness. in Pakistan, killing 17 people and State Department Such is the case with the . injuring many others. Ahmed Khadr was spokesperson, Perhaps the most infamous family in caught at the border with a large sum of Sean McCormack (Toronto Star, Canada, the Khadrs have aroused the money shortly after the attack and was August 8, 2007) passion and emotions of Canadians who arrested and imprisoned by Pakistani feel the family’s beliefs and actions are authorities. He was accused of financing radically opposed to the unity and power the attack. of the Canadian cultural mosaic. While in custody, Khadr went on a The Khadr family story begins hunger strike, proclaiming his innocence in 1977, when Ahmed Said Khadr to anyone who would listen. Eventually emigrated to Canada from Egypt. He he was hospitalized and, from his met and married his wife, Maha, and hospital bed, he summoned the media acquired his Canadian citizenship and told his story. According to Khadr, shortly thereafter. The Khadrs also he was an innocent Canadian being held started a family, eventually having six by Pakistani authorities for a crime he children—four boys and two girls. did not commit. Canadian Prime Minister Ahmed Khadr has been described as Jean Chrétien, on a trade mission in a fundamentalist, radicalized Muslim, Pakistan at the time, had a conversation who, upon seeing the plight of other with Pakistani Prime Minister Benazir Muslims around the world, was eager to Bhutto, who promised that Khadr would become involved in causes he felt would receive a fair trial. Shortly thereafter aid those in need. In the 1980s, when the charges against Ahmed Khadr were the Soviets invaded Afghanistan, Khadr dropped. Having been fired by Human uprooted his family to go and help Concern International after the financing Afghan-Muslims. allegations surfaced, he and his family He worked as a fundraiser for an moved to Jalalabad, Afghanistan, where Ottawa-based organization named they lived in a compound with Osama Human Concern International that bin Laden. While living with bin Laden, was helping orphans and refugees in Ahmed’s sons Abdul, Abdurahman, and Afghanistan. According to some reports, Omar received military training in Al many of those orphans and refugees Qaeda camps. The boys were trained in were later trained at the militia camps military tactical procedures as well as of Al Qaeda leader Osama bin Laden in small arms use and bomb-making. Afghanistan. In 1992, Ahmed Khadr’s When Al Qaeda carried out attacks on

CBC News in Review • September 2007 • Page 52 U.S. embassies in Kenya and Tanzania to Canada, where he was arrested in in 1998, killing over 200 people and Toronto in 2005 at the request of U.S. injuring thousands of others, the Khadrs authorities. celebrated along with their comrades in • Ahmed and his youngest son, Abdul Jalalabad. Similar celebrations occurred Karim, crossed into Pakistan and after Al Qaeda successfully organized moved to Waziristan. In October attacks against the U.S. on September 2003, the Pakistani army engaged in a 11, 2001, levelling the twin towers of firefight with Ahmed and several others the World Trade Center and severely occupying what was believed to be damaging part of the Pentagon, killing an Al Qaeda safe house. A Pakistani thousands of Americans in the process. Cobra attack helicopter levelled the However, the payback for the Al house, killing Ahmed (along with seven Qaeda attacks would come in the form of others) and paralyzing Abdul Karim an all-out U.S. offensive in Afghanistan from the waist down. that saw the Taliban driven from power • The Khadr women found safe haven and Al Qaeda sent scrambling into the in Pakistan and eventually returned to mountains along the Afghan-Pakistani Canada with Abdul Karim in 2004. border. The Khadrs found themselves similarly scattered. Canadian society has almost • Omar, just 15 at the time, followed a universally condemned the activities group of Al Qaeda operatives to a safe of the Khadr family. Their plight has house just outside Khost, Afghanistan. aroused little sympathy except from The U.S. Special Forces discovered family friends and a few members of the safe house, flattened it with an the Canadian Muslim community. The air strike, and took Omar—the lone Khadrs have been very open about survivor—into custody. their personal beliefs regarding the righteousness of religious martyrdom • Abdurahman surrendered to the and the value of killing those opposed near Kabul and to Islam. Maha Khadr, who lost her agreed to co-operate with U.S. husband, cares for her paralyzed son, authorities as a CIA informant. and has two other sons incarcerated Eventually he abandoned the CIA and by authorities, expresses pride in the returned to Canada in the fall of 2003. fight her family has participated in. • Abdullah, Ahmed’s oldest son (who In particular, she is proud of Omar, authorities believe ran Al Qaeda who stands accused of killing a U.S. training camps in Afghanistan in the soldier and is currently being held at 1990s), was captured in Pakistan, Guantanamo Bay, Cuba. released, and then made his way back

Analysis 1. How are the activities of the Khadr family seen by many as being contrary to the values of mainstream Canadians?

2. Since the Khadrs are Canadian citizens, should the government intervene on their behalf when they experience persecution? For example, should Canadian authorities be working hard to protect the rights of Omar, who is currently being held by the U.S. military in Cuba or to protect the rights of Abdullah, who is currently being held without charge in a Toronto jail? Please support your opinion clearly.

CBC News in Review • September 2007 • Page 53 OMAR KHADR: CANADIAN IN GUANTANAMO Activity: You Be the Judge

Further Research Your Task To prepare for this Using the information provided in this News in Review story and any other exercise, consider knowledge that you have acquired, you will be part of a mock hearing to decide a visit to CBC News whether or not Omar Khadr should be returned to Canada. In Depth and look at the file www. Here is what you will do: cbc.ca/news/ • Form groups of six. background/khadr/ • Each person in the group will take on a role: omar-khadr.html. Role #1 Quote A judge will hear the arguments of lawyers and decide whether or not to “When Omar release Omar Khadr to Canadian authorities. The judge can rule that Khadr must Khadr purportedly stay in prison in Guantanamo Bay, dismiss the charges, or place conditions on tossed the his transfer—e.g., Khadr must be tried in a Canadian court, Khadr is subject to grenade that the Young Offenders Act, Khadr must serve his sentence in a maximum security killed an American facility, etc. infantryman, he was neither Role #2 child nor soldier. The defendant Omar Khadr will work with his lawyer to fight for his release. He At 15, he was will testify about the conditions at Guantanamo Bay prison. age-appropriate for marriage in Roles #3 and #4 Afghan culture Two defence lawyers will represent Omar Khadr and will argue for his release. and old enough The lawyers may ask that all charges be dropped or they may negotiate to enter military conditions for Khadr’s release. service.” — Rosie DiManno, (Toronto Roles #5 and #6 Star, August 17, Two prosecution lawyers will argue that Omar Khadr needs to remain in prison 2007) and be held accountable for the death of Christopher Speer and the actions he took against U.S. troops while he was a member of Al Qaeda.

You will have one class to prepare for this hearing, one class to conduct your hearing, and the judge will reveal her/his decision at the start of the third class. Since most classes will have four or five groups working simultaneously, the post-decision discussions should be very interesting.

CBC News in Review • September 2007 • Page 54