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Khadr Finds Justice at Canadian High Court

Suzanne Ito,
勛圖眻畦
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May 27, 2008

On Friday, the Supreme Court of Canada (SCC), in a 9-0 decision, analogous to the American Bill of Rights by turning over their interrogation records of Canadian citizen Omar Khadr to the United States. Khadr, the Guant獺namo detainee who was 15 when he was shot and captured by U.S. forces in Afghanistan in July 2002, is currently being prosecuted in the Guant獺namo military commissions. His case is still in pre-trial hearings, which started this spring.The SCC ordered the Canadian federal government to provide Khadr's defense counsel the information Canadian agents got out of a 2003 interrogation session at Guant獺namo so the information can be used in his defense.The SCC added:

"the conditions under which Mr. Khadr was held and was liable for prosecution were illegal under both U.S. and international law at the time Canadian officials interviewed Mr. Khadr and gave information to U.S. authorities"

勛圖眻畦 Staff Attorney Hina Shamsi was in Guant獺namo this earlier this year to observe one of Khadr's pre-trial hearings. She says:

"The decision is the latest event to call into question how the government has handled and represented Khadr's detention and prosecution. At a hearing I attended earlier this year, made clear that Khadr wasn't the only person who could have thrown a grenade that killed a U.S. soldier, which is the public account the government has long given. Instead, according to the document, another person was alive in the compound in which Khadr was captured, and Khadr himself was wounded even before a U.S. service member or official found him and shot him in the back, twice.

More recently, we found out that in January 2003, shortly after Khadr was captured, military officials wrote a document that recommended children under 18 not be held in Guant獺namo and that recognized child detainees are entitled to special treatment. Given these revelations, it's all the more important that Khadr's lawyers have access to interview notes and other information Canadian officials have, which they shared with the U.S. government, but wanted to keep from the defendant."Khadr's attorneys have been working to try to persuade the Canadian government .

"I think the most important aspect of it is that the Supreme Court has said that Guant獺namo Bay is illegal," said Lieutenant-Commander Bill Kuebler, Mr. Khadr's U.S. military lawyer. "And yet the Canadian government continues to do nothing to intervene on behalf of Omar Khadr."

The military commission system continues to stumble along, even as top cabinet officials recognize its flaws and admit the damage it is doing to the United States' reputation around the world. Canada has recognized that the system is unlawful, and based its decision on U.S. Supreme Court precedent. It's time to close Guant獺namo.

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