Khadr Vows Boycott as Shouts Rock U.S. Court

Published on Thursday, April 6, 2006 by the Toronto Star / Canada

Khadr Vows Boycott as Shouts Rock U.S. Court
Toronto teen moved to solitary confinement
Accused terrorist demands `humane and fair' treatment

by Michelle Shephard

GUANTANAMO BAY, Cuba - A U.S. military commission erupted in shouting yesterday as Canadian Omar Khadr announced he would boycott his hearing and his lawyer, furiously slamming his hand on a wooden lectern, protested the conditions of the Toronto teenager's detention.

The outburst ended with presiding officer U.S. Marine Col. Robert Chester pounding his gavel and ordering the lawyers into his chambers.

At issue was the fact that Khadr had been moved, without explanation, to solitary confinement on March 30. He believes that segregation was imposed because he's participating in military hearings.

"Excuse me Mr. Judge," Khadr said to Chester, reading from his handwritten note. "I'm being punished for exercising my right and being co-operative in participating in this military commission. For that, I say with my respect to you and everybody else here, that I'm boycotting these procedures until I be treated humanely and fair."

Khadr's lawyers told Chester that until the issue of his detainment was resolved, ahead of other pre-trial motions scheduled for the day, their 19-year-old client intended to not participate in the hearing.

But the prosecutor in the case, a marine major who cannot be named for security reasons, argued that the hearings cannot be delayed "every time the accused doesn't like what he had for breakfast or doesn't like his confinement."

The disruption was emblematic of problems now encountered at these hearings, which are carrying on despite the fact the U.S. Supreme Court is currently considering whether the military commission itself is a lawful forum to prosecute war crimes.

Defence lawyers say strict conditions at the detention facility are restricting their meetings with clients to prepare cases. Then there's confusion over the regulations governing the procedures — the first military tribunals since World War II. And the impartiality of officers presiding over the cases is also being challenged.

Khadr is accused of throwing a grenade in July 2002 — when he was 15 — that killed U.S. 1st Class Sgt. Christopher Speer and injured Sgt. Layne Morris in Khost, Afghanistan. Khadr's father was Ahmed Said Khadr, an associate of Osama bin Laden and a reputed Canadian Al Qaeda financier. He was killed in October 2003 by Pakistani forces. One of Omar Khadr's older brothers, Abdullah Khadr, is in jail in Toronto, fighting a U.S. extradition request for terrorism-related crimes.

Khadr faces life in prison if convicted, although it's unknown what would happen if he were acquitted since he is designated as an "enemy combatant." Only 10 of the 490 detainees being held at this naval base on the southeastern coast of Cuba have been charged. The rest of the enemy combatants are being held indefinitely.

Yesterday was the first time Khadr's new lawyer, Lt.-Col. Colby Vokey, appeared before the commission, and his angry exchange with Chester over Khadr's move from Camp Four, the communal living prison here at Guantanamo, to the most restrictive segregation at Camp Five, was just one of the many terse interactions.

"There are no rules here," Vokey blurted at one point.

Another objection from the defence team came when Chester, addressing Khadr directly, asked him to reconsider his position on boycotting the proceedings. Muneer Ahmad, one of Khadr's two civilian lawyers from Washington, accused Chester of interfering with the lawyer-client relationship.

But despite Chester's request, Khadr declined to change his mind.

"Sorry sir," Khadr said, wincing.

Chester ruled that the detention issue would be dealt with later in the week, and ordered Khadr's lawyers to proceed with other pre-trial motions.

Vokey, saying that he was going forward "under protest," then challenged Chester directly, asking him to withdraw from the case.

Vokey argued that Chester's application to become an immigration judge following his July 2007 retirement presents a conflict, since the appointment is made by United States Attorney General Alberto Gonzales.

Gonzales is "deeply involved" in defending the Guantanamo military commissions, Vokey argued.

But Chester, who essentially ruled on his own alleged impartiality, denied the motion.

Yesterday was the second time Khadr has appeared before the commission on charges of murder, attempted murder and aiding the enemy.

His beard is now fuller than when he first appeared in January, but the teen wore the same khaki pants and blue checked shirt. He sat with his hands folded on a table during the 12-hour hearing, with two guards directly behind him.

Before declaring he'd boycott the case, Khadr had asked that his Canadian lawyers — Edmonton-based Dennis Edney and Nate Whitling — be added to his defence team.

However, it remained unclear what would happen to that request since Chester said that while it required a written submission, he didn't know if he even had the authority to allow "foreign attorney consultants" to participate in the teenager's case.

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