Khadr's pretrial hearing underway at Guantanamo Bay - Macleans.ca
 

Khadr’s pretrial hearing underway at Guantanamo Bay

UPDATED: Judge rules Khadr’s alleged confessions are admissible


 

At a pretrial hearing at Guantanamo Bay, Omar Khadr’s military-appointed lawyer told a U.S. military court that an interrogator’s threat of gang rape and death should render Khadr’s confessions unreliable. Lt.-Col. Jon Jackson made the argument at Khadr’s military tribunal hearing, at which Khadr pleaded not guilty, in an attempt to have Khadr’s statements deemed inadmissible. A ruling on the evidence is expected later on Monday. Jackson cited the fact an interrogator—the former U.S. army sergeant Joshua Claus—admitted telling Khadr another young inmate in American custody at Bagram prison in Afghanistan had been raped by other inmates, possibly to death. “Once he said those words, the well is poisoned,” Jackson said. “The government can’t cleanse the well.” Claus was later convicted of detainee abuse. These are the final pretrial motions and the trial is expected to begin on Wednesday.

UPDATE: Military judge Patrick Parrish has denied the defence’s request to throw out the alleged confessions made by Khadr, which Khadr’s lawyers had argued were made under duress.

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Khadr’s pretrial hearing underway at Guantanamo Bay

  1. Needless to say, Claus is no relation to Santa.

  2. If he did, which you really have no means of knowing.

    • Nor do you, but that is the jurisdiction in which his crimes were allegedly committed.

      • So why was he kidnapped and brought to Cuba?

        • Kidnapped? Give me a break. He is a terrorist not some innocent child. He should have been shot on the battle field.

          • He WAS shot on the battlefield. Twice, in the back.

          • and then received exemplary medical care, which saved his life, from the colleagues of the medic he or his buddy killed by tossing a grenade.

      • You're right, I don't know. That's why I didn't say he killed or terrorized anyone.

  3. Now that that Khadr's trial is finally underway, does that mean the Canadian Government is officially off the hook to have him sent back to Canada? yes ? no?…..

    • That depends on whose hook the Canadian Government is officially on, I suppose. The current judicial status is that the hook is under appeal, and the hook was removed pending appeal to the SCOC which will get the chance to explain its earlier ruling to Justice Zinn.

      • Agree, Where I get confused is, now that the trial is underway in the U.S. even if Justice Zinn's ruling is upheld, they can't bring him back to Canada mid-trial can they ?

        • The two cases are non-intersecting sets on the Venn diagram, anyways. The US will do whatever it decides to do. This whole Canadian sideshow has, thus far, not added up to a hill of actual beans. The please-exclude-this-evidence diplomatic note Ottawa sent (as a "remedy" to the federal government's earlier Charter violation) went into the American sphere and had no influence.

          Bottom line: Canada "can't bring him back" at any time unless the USA agrees to send him. And any Canadian court pontification won't change the fact that the US will decide the whether and the when.

          • Now I understand, thankyou ! Now that the wheels are in motion I wonder how long this trial will take ? It only took what, eight years to get this far……..

          • I wonder how many trips to the Supreme Courts of two countries Mr. Khadr has already had (2 in Canada, and 1 in USA? Or is it more?). There is already one more in Canada about to be heard, and who-knows-how-many-more in the future in the US. Makes me wonder what the record might be for Supreme Court trips before the trial itself has even been decided. I suspect Khadr is breaking his own record, here.

    • Ah, yes – the Canadian angle – we breach Khadr's charter rights because we coerced info. from him by giving him a Big Mac/talking to him after he had trouble sleeping the night before and gave it to the devil Americans. However, what we learned yesterday is that the devil American's case is built more upon: (i) the confession Khadr gave after an especially devilish American interrogator told him what might happen in prison, but BEFORE all of the terrible tortures were allegedly afflicted on him and (ii) the video showing Khadr making bombs and planting roadside IEDs that, according the judge's findings, the devil Americans found amidst the rubble days or weeks before Khadr happened to mention it. So getting back to the Canadian angle – I anxiously await the consideration of our sage judiciary as to the proper remedy when someone's charter rights are breached and the info. subsequently obtained amounts to absolutely diddly squat.

  4. Khadr was well trained by his lawyers to claim torturing at the interrogation.
    He is not a child-soldier nor he is a war prisoner as libtards portray him.
    He is one of many COC (cittizens of convenience) that hates western world but at the same time milks its welfare system.
    US should give a good example to rest of the world and let him rot in jail.

    • Well said!

    • I guess it takes a citizen of convenience who hates the western world to know a citizen of convenience who hates the western world.

  5. What a civilized people we are!!! When we are not outraged by such brutality towards a fellow human being, especially a 15 year old.
    And to think that we live in a country where our government condones it!!!!

    • You might feel differently if he tried to kill you or did kill a family member of yours. At 15, one knows from right or wrong. He choose to do wrong.

      • What I would do under such circumstances has nothing to do with this , or right verse wrong.
        At 15 or at 115 people do wrong . That is not the issue. We as a society have the responsibility to correct wrongs.
        This is a grave wrong. What we see happening is a far greater wrong and we should do everything in our power to correct it.

        • I am sure that the Canadian and U.S. governments have learned a lot from this Khadr case..It has been far to costly both politicaly and monetarely to ever let this happen again. I am pretty sure if something like this were to happen again (and it will) the military will adopt a take no prisoner policy, no muss, no fuss, less paper work, and no more public outcry….Done !

        • I fail to see how bringing a terrorist to justice is "a far greater wrong". This guy was caught on film laughing while he planted a roadside bomb.

          Also, it would be more honest of you if you actually logged in when you made a reply that will be looked on negatively, and not worry about your score when you know you will get the "thumbs down".

    • Brutality? You probably do not even know the medic''s name this poor lovable 15 year old boy killed and how many others? One is alive and in trial while the other was very well dead (justice?). I remembered cases in Canada where children who committed adult crime were raised to adult court. Why should Omar be different and given special consideration? Is that what civilization meant to you?

  6. After reading the history of this family, it made me question whether this family can be integrated into Canadian society. Do they even know or appreciate the kindness and Canada has given them in the past? They seem to be here to abuse what Canada has to offer. His father's history also made me question what kind of University U of O is, and the mentality of its professors. This University and its students seems to have raised eyebrows often enough. It also made me question some of those so called Canadian supported Humanitarian efforts abroad. The father of Omar is suppose to be working for a humanitarian effort in South Asia and double as deputy terrorist to Osama. Another humanitarian aid group is used to funnel money to Tamil terrorist group. It is time, I think for the government to review / audit these so called Humanitarian groups Canada is sponsoring.

    • I think we all agree that Khadr's father was abrutal, domineering father. The whole family should not be judged by what he did or his family did in obedience to him. this issue is about Omar kadr and him only. the question is ; is he receiving justice. In this case the answer is obviously, NO .

      • You asked: Is he receiving justice? Answer: Yes..he's getting a trial isn't he ?

        • Eight years after he was arrested. that's not justice. Justice delayed is justice denied.
          He was tortured. That's not justice.
          He was deprived of legal counsel. That's not justice.
          He was a child . His handling was against every law of civilized nations and the international conventional laws.
          That's not justice.
          He is not being tried by a jury of his peers . That's not justice
          His is being tried by the military in front of a military panel of those who accuse him. That's not justice.
          Just one of those reasons invalidates this being a just trial.

          • Agree ,that there may have been a few bumps in the road on the way to the Trial (eight years is a long time ) but now that the trial is getting underway I am sure Justice will be served…..

          • What do you mean jury of his peers? You meant we have to invite Osama and his ilks to judge in his case? Is that justice for you?