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'US Seeks Deal' in Guantanamo Child Soldier Case
Prosecutors and defence lawyers have been discussing a possible plea bargain for a young Canadian held on terrorism charges at the US military detention facility at Guantanamo Bay, a defence lawyer has said.
Omar Khadr in this file photo. Jennifer Turner, a human rights researcher with the American Civil Liberties Union, said Khadr's case would be the first prosecution in American history of an alleged child soldier and a "huge embarrassment" for the Obama administration. "It would be breaking with international practise too. Under international law, children who have been recruited for war are considered victims," she told Al Jazeera. As pre-trial hearings in Omar Khadr's case began, a
defence lawyer said there had been negotiations over a deal that would
allow Khadr to plead guilty to reduced charges in exchange for leniency.
Barry Coburn said on Tuesday evening that plea discussions were ongoing with prosecutors.
"As of right now there is no deal. We are always open to discussion and we're hopeful of reaching a resolution," Coburn told reporters at Guantanamo Bay.
The Toronto Star newspaper, citing unidentified sources, said Khadr had rejected an offer that would have limited his sentence to five more years in custody at Guantanamo or a US prison.
Khadr could be jailed for life if convicted of all five charges against him, which include murder and conspiring with al-Qaeda.
Controversial case
Al Jazeera's Monica Villamizar, reporting from Guantanamo, said the prosecution appeared to be seeking to avoid a controversial trial as Khadr is classified as a "child soldier" under international law and subject to certain protections.
"This shows that the prosecution maybe believe that they do not have a case that is as strong as they wish and they want to try to come up with some solution before the trial date," she said.
Khadr was arrested in Afghanistan in July 2002, when he was 15 years old.
He is accused of killing a US soldier when he threw a grenade at the end of a four-hour US bombardment of an al-Qaeda compound in the eastern Afghan city of Khost.
He has been held at Guantanamo since October 2002 and is now 23.
The hearing on Wednesday was to determine if Khadr's alleged confessions to interrogators can be used as evidence against him at his trial in July.
Treatment claims
Khadr claims he was treated badly while in detention, first at a military camp in Bagram, Afghanistan, and later at Guantanamo, and that he was tortured and forced into confessing that he used a grenade to kill the US soldier.
Defence lawyers say that during at least 142 interrogations in Afghanistan and Guantanamo, Khadr was beaten, doused in freezing water, spat on, chained in painful positions, forced to urinate on himself, terrorised by barking dogs, subjected to flashing lights and sleep deprivation and threatened with rape.
Prosecutors contend Khadr was treated humanely and fabricated the abuse allegations.
Captain David Iglesias, the legal adviser for the prosecution, told Al Jazeera that up to 30 defence and prosecution witnesses would testify on whether Khadr's statements were voluntary or tainted by torture or other improper conduct by US personnel.
"I am confident that with the new rules there is due process, there are greater rights afforded to detainees," he said.
"Specifically it's harder to use hearsay evidence on both sides, there is greater difficulty for prosecution to introduce evidence or statements derived not just from alleged torture but also from humiliating or degrading treatment ... there are greater counsel rights, greater appellate rights.
"As a former federal prosecutor I'm convinced that this more than meets the minimum standards of due process," he said, adding that US law permits the prosecution of juveniles accused of violent crimes.
Iglesias said that legal rules prevented him from commenting on whether negotiations of a plea bargain in Khadr's case were being held.
In October, Obama signed a new law prohibiting the use of evidence obtained through coercion and making it harder to use hearsay evidence in the Guantanamo tribunals.
The Pentagon rule manual implementing the changes, however, was only completed and signed by Robert Gates, the US defence secretary, on Tuesday night.
'Huge embarrassment'
Khadr's case is the first to be heard since Barack Obama, the US president, reformed the trial system at Guantanamo.
He is one of six prisoners at Guantanamo Bay that the Obama administration has designated for a military hearing.
Jennifer Turner, a human rights researcher with the American Civil Liberties Union, said Khadr's case would be the first prosecution in American history of an alleged child soldier and a "huge embarrassment" for the Obama administration.
"It would be breaking with international practise too. Under international law, children who have been recruited for war are considered victims," she told Al Jazeera.
"[Khadr] was taken by his family to a war zone and he has now been abused for years. He really should be treated as a candidate for rehabilitation and integration first rather than abuse and prosecution as the American government has done."
Toronto-born Khadr is the only remaining westerner held at Guantanamo, and the youngest among the 183 detainees charged with murder, conspiracy and support of terrorism.
His father, Ahmed Said Khadr, allegedly an al-Qaeda fighter and financier, was killed during a raid by Pakistani forces in 2003.
One of his brothers, Abdullah Khadr, is being held in Canada on a US extradition warrant, accused of supplying weapons to al-Qaeda, while another brother has said that the family stayed with Osama bin Laden, the leader of al-Qaeda.
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19 Comments so far
Show All"Prosecutors contend Khadr was treated humanely and fabricated the abuse allegations."
Unfortunately credibiltiy, like virginity, is only lost once. Any government credibility with regard to the treatment of prisoners in our Freedom Gulags has been screwed away years ago.
Reminds me of Rumsfeld's outlandish claim that prisoners in US Freedom Gulags killed themselves not to escape the intolerable conditions forced upon them, no, they did it to make the US look bad.
Also, the fact that so many of these tales of torture and abuse coming from US gulags are shockingly similar suggesting that this treatment and conduct were institutionalized. However, judged in the context of the sadists that run the show there was no abuse because nothing short of dealing a death blow would be considered torture or abuse.
Unfortunately, his own government (Canada) has been complicit and isn't likely to provide much help. But I suspect that many ordinary Canadians will be supportive.
I guess I'm of two minds about the situation. I'd certainly like to see him released ASAP, but having endured this long, he could do others a very big favor by forcing the issue to trial.
-"As a former federal prosecutor I'm convinced that this more than meets the minimum standards of due process,"
So, after several resignations, and re-writes of the kangaroo court rules. Obama has found lawyers with low enough standards to proceed with this "trial".
The Democrats have already said that Khadr will be kept indefinitely in jail even if somehow the US army filled "court" finds him not guilty of whatever charges against him they decide to invent. A fifteen year old, brought to Afghanistan by his father two years earlier, is guilty of "war crimes" and "terrorism"? This is one of the few "strong cases" where the prisoner is lucky enough to get a show trial? Because during torture sessions, the shot and badly injured boy told the inquisitors what they wanted to hear? Even though the US soldiers re-wrote their account of what happened, after the fact? What a sad joke.
[But I suspect that many ordinary Canadians will be supportive.]
Not really, the CBC did a documentary on the Khadr family a few years ago. The mother is a detestable loony, the rest of the family isn't much better. There is some sympathy for the boy who grew up in that environment, and there isn't much support for him being hanged or imprisoned for life, but none of that will translate into any serious demand that the young man be sent back to Canada. Few Canadians actually believe he's guilty of the charges against him, fewer still think the boy is an innocent.
"He is accused of killing a US soldier when he threw a grenade at the end of a four-hour US bombardment of an al-Qaeda compound in the eastern Afghan city of Khost."
I don't get why this is "terrorism" but NATO soldiers killing countless innocent civilians is "colateral damage".
So let's see...a Canadian of Afghan ancestry goes to Afghanistan as a teenager with his parents, his legal guardians, who can tell him what to do. While he is there, a foreign army attacks the people he is with, in their own country, and he tries to defend himself with proportionally far less force than the attackers are using. His attackers capture and imprison him for 7 years, without a shred of due process and now they want him to serve 5 more years in a plea deal?
Kafka couldn't make this shit up.
War is everywhere and permanent. The battlefield is anywhere we say it is. Neither domestic nor international law applies. Our enemies are anyone we call an "enemy" whenever we want to call them that. Our enemies are not soldiers or criminals; they are a different category that has no rights under any rubric of law because we say so. We can do whatever we want because we say so, because we are inherently right and good, because we say so and the Omar Khadr's of the world will just have tough it out...
The timing of this makes me think that someone on the inside is against these show trials...why would they select such a sympathetic victim...errr...defendant to be the first one put on trial under Obama/new rules?
Anybody have a theory?
bcoop and jareilly -
While the whole child soldier/torture/due process aspect of Khadr's plight is important, your analysis goes straight to the core issue: this 15 year old got caught up in what by all accounts was basically an infantry firefight shortly after the US invasion of Afghanistan, and winds up accused of committing murder and/or "terrorism" because a hand grenade he might have thrown while engaged in combat might have been the cause of a US soldier's death on the battlefield.
How can this alleged act ever constitute the crime of murder under the international laws of war? A firefight is a firefight. Combat is combat. Warfare itself is sometimes defined as a temporary suspension of the ordinary criminal laws of homicide between the participants in combat. All actively involved in the hostilities are engaged in a form of kill-or-be-killed self defense.
Omar Khadr, regardless of his age, nationality, or his level of formal affiliation with a military or paramilitary entity taking part in combat operations should not be charged with murder, any more than any American soldier should ever be court martialed for firing back at enemy forces (successfully producing a casualty) while under attack. That is what war is all about.
Neither does it work, conceptually, to try to characterize the tossing of a hand grenade at opposing military forces as an act of terrorism. Terrorism targets civilians. Terrorism targets noncombatants. Crashing a plane into the World Trade Center and bombing an embassy are acts of terrorism. The attack upon the navy ship USS Cole and the truck bombing of the Marine barracks in Beruit were acts of war.
Bill from Saginaw
Bill:
This is the most poignant summary of the absurdity of the charges placed against Khadr that I've come across. I hope his lawyers take the same approach in his defense.
Omar Kadhr was a minor and as such was subject to the Treaty that covers child soldiers. Why can't anyone just follow the treaty law and everything else will sort itself out? Why must the US be vindictive to the point of illegality? Why isn't the government of Canada insisting that the Treaty be followed? Is that such a difficult thing for a government to do? Maybe it is, if the government is a conservative right wing extremist one?
Free the kid and replace him with? oh ya' the list is way too long....
Please , please America wake up about 9/11.
Just see this to make you want to know more.
9/11’s Ten Amazing Reasons Why The Hijackers Were Fake
http://tinyurl.com/2amem7j
Also
http://tinyurl.com/ya685n2
Khadr:.... this is a travesty.
The U.S. now is a spiteful & vindictive entity.
Ye fellers must get over the "take-over" of your show by the whores,that you "elected".
Time is short.
Heres the deal kid. You plead guilty and we execute you, just sign down here on the dotted line. Scratch another 15 year old Canadian terrorist.
This 'show' has been going on long enough. It is totally idiotic and shameful - for the US and Canada. If Kadhr wasn't a terrorist before, well...he is being turned into one now. And who could blame him?
Omar Khadr is not in very good shape so it would be very hard for him to be very much of a threat when he gets out.
Even if he did it, which there are huge doubts in that regard, you include triple time for torture and he should be getting out soon anyway. I think that one just has to give Omar Khadr an unbiased medical examination to prove that he is - mistreated (the gentle word for being tortured).
It should not surprise you that the Canadian government believes the charges of terrorism against him when the same Canadian government has declared George Galloway a war criminal.