Saturday, December 29, 2007

Why is Omar Khadr Still in Gitmo?

The answer to that question is painfully simple: Canada's government refuses to do anything to bring him home.

How can Canadians let that stand while these 2 news stories hit the wires today?

Ten Saudi Guantanamo inmates free:

Ten Guantanamo Bay detainees have been freed and returned home to Saudi Arabia, US and Saudi officials say.

The government in Riyadh will mitigate any risk posed by the former detainees with a programme to integrate them into civilian life, the Pentagon says.

Around 275 people remain at the detention centre in Cuba and the Pentagon says another 60 inmates are now eligible for transfer or release.

The US has returned dozens of Saudi former detainees over the past year.

And, Convicted Guantanamo detainee walks free from jail:

SYDNEY (Reuters) - The only Guantanamo Bay inmate convicted of terrorism offences, Australian David Hicks, was released from prison on Saturday morning after spending over six years behind bars, the majority in solitary confinement.

Hicks, 32, returned to Australia from the U.S. military prison on the island of Cuba in May after pleading guilty to terrorism charges. He left prison in his hometown of Adelaide in south Australia.

Wearing a green polo T-shirt and blue jeans, Hicks walked out of Adelaide's maximum security Yatala prison and was immediately driven away to a secret location in a blue sedan, escorted by police.

In a statement read by his lawyer, Hicks asked for privacy and said he would need time to readjust to society.

"I had hoped to be able to speak to the media but I am just not strong enough at the moment, it's as simple as that," Hicks said through his lawyer David McLeod.

Hicks also said he would need to get medical help for "the consequences of five and a half years at Guantanamo Bay".

He added that he would not speak to the media before March 30, 2008, as stipulated under terms of his release from Guantanamo Bay.

And yet, Omar Khadr continues to rot away in the Gitmo gulag while the Conservative government here asserts he is just too dangerous to bring back to Canada - a claim based on what? A conviction? No. Actual proof of his guilt? No. Hysteria, paranoia and fealty to the Bush administration? Absolutely.

Omar Khadr - imprisoned as a child soldier - the first child soldier facing war crimes charges - a fact that the US government has conveniently ignored when it comes to allowing an appropriate defence for the young man:

...when Khadr’s lawyers appear before military judge Peter Brownback, they will not be able to use the fact he was 15 at the time (and by most legal definitions, a child soldier) in his defence. Brownback has already said he will not allow the defence to raise matters of international law at trial.

For example, the United Nations Optional Protocol on the Rights of the Child, which the U.S. ratified in 2002, says that people under 18 who are enlisted or conscripted into armed conflict are not adults and therefore “are entitled to special protection.” But the protocol will not be allowed into evidence. Nor will Khadr’s lawyers be allowed to describe his upbringing in an al-Qaeda family.

Are we going to let the Bush administration get away with assuming that Omar Khadr is a "high value detainee" - that he possesses some vitally important information after all of these years about what al Qaeda is up to today? Does anyone really buy that besides those who have participated in his torture? And, since Bush has repeatedly said (quite half-heartedly and as a result of massive international pressure) that he wants to close Gitmo, where exactly would Khadr be housed if he was actually found guilty and sentenced? And why isn't he being allowed to mount an effective defence? What is Bushco afraid of? That it might actually lose the case?

The legal hoops Bushco has set up for Khadr's lawyers to jump through during this military tribunal process circus are stunning and an insult to international law and human rights. As more time goes by, this case looks more like a classic case of revenge and guilt by association rather than a search for justice. And there's no way Canadians can count on the Bush administration to move one inch to do anything in favour of Khadr but let's get one thing straight: the minority Conservative government in this country is supposed to work for us - not Bushco. Make more noise. Contact your MP. Bother the Foreign Affairs department. Do something.

There is absolutely no reason for Omar Khadr to spend one more day in Gitmo when other countries like Saudi Arabia, Australia, Yemen and the UK have repatriated their detainees.

What, exactly, are we waiting for?

Related:

Letter in support of repatriating Khadr from Lawyers Against the War

The Canadian Bar Association's call for Khadr's release

Harper gets heat from U.K. on Khadr; British legal experts take government to task for violating international laws protecting children

Khadr's lawyer ordered not to reveal witnesses for prosecution to his client

Military Judge Dashes Hopes that Guantánamo Detainees Have Rights as Prisoners of War
 

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