Defense Dept. bans reporters from Gitmo

The US Dept of Defense has banned four reporters from Gitmo for divulging the names of two witnesses at Omar Khadr's kangaroo show trial. The reporters are Michelle Shephard of the Toronto Star, Steven Edwards of Canwest, Paul Koring of the Globe & Mail, and Carol Rosenberg of the Miami Herald.

Well it's a wee bit late for that, isn't it? Michelle Shephard already published part of an interview with one of the witnesses in The Star nearly two years ago :

"Sgt. Joshua Claus was a slight, blond soldier with little experience and lots of responsibility when he became Khadr's interrogator in the cavernous U.S. prison in Bagram detainees nicknamed "The Barn."

Claus would later be convicted for his role in the death of another detainee at Bagram – an innocent Afghan taxi driver named Dilawar. Claus pleaded guilty to maltreatment and assault in return for a five-month jail sentence in 2005. The 2,000-page confidential army file on the investigation into the case, obtained by The New York Times, quotes another soldier saying that Claus twisted a hood over Dilawar's head the day he died. "I had the impression that Josh was actually holding the detainee upright by pulling on the hood."

During the only interview Claus has granted, he told the Toronto Star any allegations of Khadr's mistreatment were false. "They're trying to imply I'm beating or torturing everybody I ever talked to," Claus said.

"Omar was pretty much my first big case," Claus added. "With Omar, I spent a lot of time trying to understand who he was and what I could say to him or do for him, whether it be to bring him extra food or get a letter out to his family ... I needed to talk to him and get him to trust me."

Khadr also described his interrogations, but the U.S. Department of Defense has censored some of the details in his sworn affidavit.

"During this first interrogation, the young blond man would often (censored) if I did not give him the answers he wanted," Khadr claimed. "Several times, he forced me to (censored), which caused me (censored) due to my (censored). He did this several times to get me to answer his questions and give him the answers he wanted."

Later he writes: "I figured out right away that I would simply tell them whatever I thought they wanted to hear in order to keep them from causing me (censored)."

A week ago reporters were ordered out of this same Gitmo courtroom while 'classified' video of an interview with Khadr was shown. The reporters adjourned to the media room and watched it on youtube instead.

Skdadl's source at Empty Wheel sums up the reporter ban : "So DOD is basically saying that once a reporter agrees to go to Gitmo, they lose the ability to report on stuff they have already reported on."
.

Khadr - The show trial must go on

Skdadl reminds us that Harper sent a wee tepid request to the US government asking that the Khadr kangaroo show trial :

"not use as evidence in legal proceedings there any evidence collected at GTMO by Canadian agents and representatives, which the Supreme Court of Canada has said (2008) was collected in violation of Omar Khadr's rights."

Steve to Obama : nudge, nudge, wink, wink

What to do ... what to do...

McClatchy :

"Earlier Saturday, officers cleared reporters and observers from the hearing to screen a 2003 interrogation video that they said was classified, though it was made public by Canada's Supreme Court two years ago and is available on YouTube.

The video shows the Toronto-born teen weeping in a Guantanamo interrogation booth and pleading for help from his Canadian interrogator.

Reporters locked out of that portion of the hearing watched the video on YouTube in a media center in a crude abandoned airport hangar below the hilltop tribunal chamber."

The other bizarre incident of the day was testimony from the Army Special Forces officer, an assistant police chief in civilian life, who initially reported that the person who threw the grenade at Army Sgt Speer died in the firefight. This is the crime Khadr is charged with. If the grenade thrower died, it couldn't have been him.

Defense lawyers discovered this report had later been altered to say that Khadr survived - what they termed "manufactured evidence" - but it turns out to have been just an honest mistake :

"W said he didn't realize that he got the report wrong until some investigators preparing for Khadr's trial visited him “a few years later.” So he opened it up on his computer and fixed it."

Just like that. Even though, according to Paul Koring , "he had known within days of the original firefight that Mr. Khadr had survived. "

Well alrighty then. It seems to me that there have been hundreds if not thousands of people not in uniform in Afghanistan who either have or have not thrown grenades at the US troops occupying their country. Where's their show trials?
.

Omar Khadr - Day One in the kangaroo court

Daphne Eviatar of Human Rights Watch is interviewed as she leaves the courtroom on Day 1 of Obama's first big pretrial for a military commission into the possible terrorist actions of a 15 year old.

Terrible sound, I know, but well worth it for her explanation of how after Khadr has been tortured to confess at Bagram, the "clean team" comes in and tries to elicit the same 'confessions' under friendlier conditions so that the new clean confessions will be admissable in court.

A word about Khadr's confessions under torture. According to Eviator, CIA FBI agent Robert Fuller

elicited from Khadr the identification of another Canadian, Maher Arar, who Khadr during interviews by Fuller claimed was training with al Qaeda operatives at a training camp at a time that, it later turned out, Arar was actually at home in Canada.

Shortly after Fuller reported the identification of Arar to the government, Arar was apprehended at JFK airport and rendered to Syria for interrogation there.

CIA FBI agent Fuller also got Khadr to confess to throwing a grenade at US forces.

Well so much for confessions elicited via sleep deprivation, denial of pain medication, stress positions, being forced to urinate on himself and being used as a human mop, being terrorized by barking dogs, and being threatened with rape and torture. Khadr's defence team has only been allowed to interview three of Khadr's 30 interrogators at Bagram and Gitmo, two of whom admit the 15 year old Khadr was threatened with rape.

In the vid above Eviatar also mentions no one knowing what the rules are. This is because Secretary of Defense Robert Gates only signed off on and issued the 2009 Manual for the Military Commissions Act on Wednesday night 12 hours before the pretrial began, meaning that no one involved had time to read it beforehand and consequently no one knew what the rules were. After a four hour adjournment to read it, now they can't agree on whether or not the US Constitution applies.

Mike Berrigan, deputy chief defense council : "We don’t know what the law is."

You don't really have one, sir. That's why it's called a kangaroo court - it leaps over the law to a foregone conclusion. That's the whole point.

Correction from CIA to FBI, courtesy of Skdadl at POGGE

.

Helping America unshit the bed

Lindsay Stewart and Impolitical are duking it out over puffy Steve's refusal to permit Guantanamo detainees to resettle in Canada.

Following the Democratic majorities in both the House and Senate refusing to allow the prisoners onto US soil, Obama appealed to the world to help put an end to Bush's gulag :

"Those who used to chastise America for acting alone in the world cannot now stand by and wait for America to solve the world's problems alone," Obama said.
"Now is the time for all of us to take our share of responsibility for a global response to global challenges."

... while at the same time defending the Obama gulag at Bagram :

AP Sept 14, 2009 : "The Obama administration argued late Monday that allowing terrorism detainees in Afghanistan to file lawsuits in U.S. courts challenging their detention would endanger the military mission in that country.

Obama's Justice Department has sided with the congressional Republicans and put forward the same argument as the Bush administration."

And so it goes.
Plus ça change, plus c'est la fucking meme enabling chose ...
.

The Afghan torture coverup is going well

It's funny the things that stick with you.

What I remember when Canada's treatment of Afghan prisoners comes up is not Canadian diplomat Richard Colvin's 2007 report on allegations of electrocution and beatings, or the entire households detained because someone got the address wrong. What I remember is this simple request for desert camel boots made by Stockwell Day's newly arrived leader of the Correctional Service Canada inspections team in February 2007 :

"They afford the appropriate ankle support when getting in and out of the LAV/Coyote/Nyala vehicles. Additionally the colour is more appropriate in the summer heat. On a Health and Safety level we will be walking through blood and fecal matter when either on patrol or in the prison and should not be wearing our personal footwear as it will track into our personal quarters."

As Skdadl said at the time :

"I think we call this the banality of evil. I have to walk through blood and fecal material, so I need better boots. This is the road to Nuremberg, folks. And this is being done in our name. Everyone happy to sit here quietly and be a "Good Canadian"? "

Richard Colvin wasn't. As political director at the Canadian-run provincial reconstruction base in 2006 when troops began handing over prisoners to Afghanistan's notorious intelligence agency, the National Security Directorate, he is one of the only government witnesses who wants to testify at the Military Police Complaints Commission inquiry into whether military police officers had a duty to investigate the transfer of detainees when there were allegations of torture in Afghan prisons.

.

A week ago federal lawyers invoked a national security clause in Canada's Anti-terrorism Act that effectively prevents him from doing so.

They argue that on the one hand Colvin's testimony is not relevant, and on the other that his testimony would breach "national security considerations".

As we have seen previously with Arar, Abdelrazik, Almalki, Suaad Mohammud, Charkaoui, and Harkat, this is a government that flagrantly makes use of "national security considerations" to cover its own complicity in wrongdoing.

.

Last Wednesday National Defence said some witnesses might be able to give some information, as long as the commission proves the testimony is relevant. This is impossible for the commission to do as Michel Gauthier, the retired lieutenant-general who was in charge of the country's overseas command until last spring, as well as three former ground commanders in Kandahar and members of Corrections Canada have all refused their subpoenas to meet with commission investigators.

.

A week ago Canada's former top military police officer, retired navy captain Steve Moore, advised he had documents that he wanted to turn over to the inquiry, however Mr. Moore and his lawyer had to sign a pledge preventing them from passing the documents to the inquiry.
The documents first have to be reviewed to remove sensitive information– such as logs showing that Canadian military police opened investigations into whether detainees risked torture – but won't be declassified in time for the hearings.

.

As if this wasn't sufficient obstruction, the chair of the inquiry, Peter Tinsley, has been let go on Dec 11, before his investigation can be completed and despite his request to be allowed to continue. Then on Monday public proceedings were postponed :

"after federal lawyers bombarded the agency with a series of motions demanding further delay and questioning, among other things, the jurisdiction of the commission".

MacKay told the House of Commons on Monday that "a search for a new chair is underway".

.

Isn't this exactly what was done at Guantanamo? If the government didn't like the way a military investigation into the detainment of an individual prisoner was going, they just fired the presiding judge or lawyer and appointed another.

.

Last word goes to Richard Colvin's lawyer on the use of Canada's Anti-terrorism Act to muzzle her client :

"The legislation was addressed at combatting terrorism-related activities. It was not intended to be used tactically to intimidate witnesses from giving evidence in administrative proceedings carried out by government-created bodies," the letter said.

"The interests of justice are not served when an ordinary witness such as Mr. Colvin is threatened by the Department of Justice with severe penalty for abiding by the terms of a subpoena served on him.".

Update : Good short history of a year's worth of sidelining the investigation : Dr. Dawg.

.

Child detainee on his way home after 7 years in Gitmo

A child detained in Guantanamo Bay for seven years for allegedly throwing a hand grenade at US soldiers in Afghanistan when he was 14 years old is on his way home after a Federal Court ruled the U.S. government was holding him illegally. His initial confession, obtained under duress, was thrown out by the judge.

.

"We are so pleased that this nightmare of abuse and injustice has finally come to an end," said his attorney. "While he can never get back the nearly seven years he was illegally detained and tortured, now he can finally return home to his family, friends and country, and begin to build a normal life."

.

The child detainee in question is Mohammed Jawad, now returned to his native Afghanistan thanks to a US Federal Court decision this month. [Yeah, mean trick, I know]

.

Gosh, another kid accused of throwing a grenade. Is US military generally in the habit of accusing the survivors of their raids of throwing grenades, or only when there are US casualties and the possibility of friendly fire?

.

Meanwhile back in Canada, our child soldier detained in Guantanamo for seven years for allegedly throwing a grenade at US soldiers in Afghanistan when he was 15 - that's Omar Khadr pictured above in the middle the year before his father dumped him in Afghanistan - has not been so lucky because Prime Minister Stephen Harper is the last leader on the planet Earth to support the detaining and abuse of children in Gitmo.

.

On August 14, our Federal Court of Appeal upheld a lower court ruling that Ottawa is required to press the US for Khadr's repatriation because CSIS and Department of Foreign Affairs officials had violated his Charter rights by being complicit in his mistreatment at Gitmo.

.

Yesterday Harper's federal government disgraced itself by announcing it will go to the Supreme Court in a bid to overturn that ruling.

They do not want to risk asking the US for Khadr's return, perhaps because the Obama Administration urged a federal judge to order the release of Mohammed Jawad, and even George W. Bush granted requests by other countries for the repatriation of their citizens from Gitmo.

.

Harper is going to the wall in hopes that a sufficient number of Canadians believe in tiered citizenship and a four-tiered passport system and will applaud his stand against so-called 'activist' judges. He's wrong about that.

.

Khadr, Arar, and Abdelrazik

Yesterday the G&M ran a story about Abousfian Abdelrazik and the recently released eight page 2003 Foreign Affairs memo detailing precisely which Canadian authorities arranged for Mr. Abdelrazik to be arrested and tortured in Sudan. Unfortunately "every single word, including the page numbers, was blacked out."

Blogged it at The Beav yesterday morning.

In comments there, Skdadl noted one particular passage in the G&M account which reminded her of Arar:

In an Oct., 16, 2003 e-mail marked “secret,” officials of the intelligence unit of Foreign Affairs note that CSIS agents will pass on details of their then just-completed interrogation of Omar Khadr in Guantanamo and planned to “send two officers to Sudan next week to interview Abdelrazik.” "

Was there some connection between the interrogation of Khadr and that of Abdelrazik?

In 2002 at Bagram prison, a 15 year old Omar Khadr was shown photographs of Maher Arar.

In January this year, we got headlines about it : Khadr linked Arar to terrorism, court hears

"Pentagon prosecutors dropped a bombshell on the last day of the Bush administration's war crimes trials, linking the case of Canadian detainee Omar Khadr to torture victim Maher Arar in stunning testimony...
An FBI interrogator told a military court in Guantanamo Bay Monday that Khadr said he recognized a photo of Arar because the Ottawa engineer had stayed at terrorist "safe houses" in Afghanistan.
Fuller testified that he started Khadr's interrogation in Bagram on Oct. 7, 2002."

and Arar was rendered to Syria the following day.

However the Pentagon's Arar "bombshell" was not born out in subsequent FBI statements :

"In contrast to testimony he gave Monday, [FBI]special agent Robert Fuller told Khadr's war-crimes hearing that the young Canadian was not immediately able to name Arar, but did say he looked familiar."

He looked familiar.

One day someone will write a book stitching all this together, or rather - if this pans out in the way we can now expect - how it was stitched together by showing pictures to a frightened injured child in Bagram prison and asking him if any of the faces "looked familiar".

They can call it "He Looked Familiar".

.

Omar Khadr v. Stephen Harper

G&M : "The ongoing refusal of Canada to request Mr. Khadr's repatriation to Canada offends a principle of fundamental justice and violates Mr. Khadr's rights,” Judge James W. O'Reilly O'Reilly said in his 43-page decision.
"To mitigate the effect of that violation, Canada must present a request to the United States for Mr. Khadr's repatriation as soon as practicable."


OMAR AHMED KHADR Applicant
v
THE PRIME MINISTER OF CANADA, THE MINISTER OF FOREIGN AFFAIRS, THE DIRECTOR OF THE CANADIAN SECURITY INTELLIGENCE SERVICE, AND THE COMMISSIONER OF THE ROYAL CANADIAN MOUNTED POLICE Respondents

I am satisfied, in the special circumstances of this case, that Mr. Khadr’s rights under s. 7 of the Charter have been infringed. I will grant his request for an order requiring the respondents to seek his repatriation from the United States.


[9] First, on detention, Mr. Khadr was “given no special status as a minor” even though he was only 15 when he was arrested and 16 at the time he was transferred to Guantánamo Bay.

[10] Second, Mr. Khadr had virtually no communication with anyone outside of Guantánamo Bay until November 2004, when he met with legal counsel for the first time.

[11] Third, at Guantánamo Bay, Mr. Khadr was subjected to the so-called “frequent flyer program”, which involved depriving him of rest and sleep by moving him to a new location every three hours over a period of weeks.
Canadian officials became aware of this treatment in the spring of 2004 when Mr. khadr was 17, and proceeded to interrogate him.


63] The CRC [Convention on the Rights of the Child] imposes on Canada some specific duties in respect of Mr. Khadr. Canada was required to take steps to protect Mr. Khadr from all forms of physical and mental violence, injury, abuse or maltreatment. We know that Canada raised concerns about Mr. Khadr’s treatment, but it also implicitly condoned the imposition of sleep deprivation techniques on him, having carried out interviews knowing that he had been subjected to them.

And Steve's rebuttal?

"Speaking in the Commons, Mr. Harper said his government is simply following the same policies of the previous government and will consider an appeal of the ruling."

Coming soon to the Commons : Con complaints that "activist judges are upholding the rule of law in Canada" .

h/t Waterbaby for the cas
.

Fans of Guantanamo not clear on the message

CBC : Kory Teneycke, Wednesday :
"Our position is that the determination of his guilt or innocence on those charges needs to take place in a court of some fashion, and that we will wait for the outcome of a judicial process before looking at what the other options are."

His comments came after Defence Minister Peter MacKay suggested the government was reconsidering its position after U.S. President Barack Obama stated "very clearly" to military commission judges that the proceedings were to be suspended.

"Clearly, Canada and Mr. Khadr’s counsel and everyone involved in these cases will be reassessing their positions," MacKay told reporters in Ottawa.

Teneycke said MacKay was likely trying to say that the government was "watching very closely what is happening in the U.S., and [that] we'll react to changes when they occur."

He also refused to speculate on whether Khadr could face a judicial process in Canada, saying it was "exactly the hypothetical question that we're really not going to engage in at this time."

"The fact that the situation may change at some point in the future doesn't mean that it's changed today," Teneycke said.

The 15 year old Khadr was accused of:

• Murder in violation of the law of war.
• Attempted murder in violation of the law of war.
• Conspiracy.
• Providing material support for terrorism.
• Spying.

A U.S. soldier reported that he accidentally stepped on Omar Khadr following a firefight in Afghanistan because Khadr was covered in rubble, casting doubt on whether the 15-year-old Canadian could have thrown the grenade that fatally wounded Delta Force soldier Christopher Speer.

The show trial must go on! Arar and Khadr

Just days before nearly-President Obama is expected to shut down Guantanamo Bay and disband the off-shore military show trials, US prosecutors get perhaps their very last chance to smear both Maher Arar and Omar Khadr at the same time in the court of public opinion.

The Star yesterday : Omar Khadr linked Maher Arar to terrorism, court hears
"Pentagon prosecutors dropped a bombshell on the last day of the Bush administration's war crimes trials, linking the case of Canadian detainee Omar Khadr to torture victim Maher Arar in stunning testimony ..."

CBC yesterday : Khadr saw Arar at al-Qaeda sites in Afghanistan: FBI agent
"Omar Khadr pointed out Canadian Maher Arar, who was cleared of any links to terrorism by a public inquiry in 2006, as someone he saw at al-Qaeda safe houses and possibly training camps in Afghanistan, an FBI agent has testified."

What "bombshell"?

The Star, Mar 18, 2008 :
"Khadr was also questioned about Maher Arar, according to the affidavit. Arar, a telecommunications engineer from Ottawa, had been arrested in September 2002 by U.S. authorities in New York on suspicions of terrorism. He was sent to Syria, where he was tortured and detained without charges for a year.
"They showed me pictures and asked who people were. I told them what I knew," recalled Khadr, adding the Canadian officials also questioned him about his father, Ahmed Said Khadr, a reputed Al Qaeda financier.
"I tried to cooperate so that they would take me back to Canada," he said. "I told them that I was scared and that I had been tortured."
The affidavit does not reveal what Khadr told the Canadian delegation about Arar or his father, but he was considered to be a treasure trove of information, said Khadr's military lawyer."

CBC, Mar 26, 2008 :
"Khadr says he was also interrogated about Maher Arar, the Canadian who was deported to a Syrian prison over alleged links to al-Qaeda. An inquiry later cleared Arar of any links to terrorist organizations.
Khadr says he was also shown photographs of about 20 people and asked to identify them.
He says he ripped off his shirt and showed the Canadians his injuries. He also says he told them he had lied to his American interrogators and told them whatever they wanted to hear because he was scared and wanted them to stop torturing him.
Khadr says they accused him of lying, and passed information from their interviews to U.S. officials."

Nonetheless right on cue the newspapers all across AsperNation are going with variations on "Accused terrorist fingers Arar".
Well, sure. A person the press call a "terrorist" accuses someone else, since exonerated, of being a terrorist to stop his tormentors from torturing him, so suddenly they're both suspect? Nice circular smear!

Also Interrogator 11 testified yesterday that Khadr had admitted to throwing the grenade that killed a US soldier :
"Under cross-examination, it was revealed the agent destroyed her notes of the interrogation sessions after she had typed them up -- something she could not explain."

Khadr's chief interrogator at Bagram was charged and convicted in the death of an innocent detainee two months after the 15 year old Khadr was shipped from Bagram prison to Guantanamo.

Update : Dr. Dawg

Late Tuesday Upperdate : "In contrast to testimony he gave Monday, [FBI]special agent Robert Fuller told Khadr's war-crimes hearing that the young Canadian was not immediately able to name Arar, but did say he looked familiar."
He looked familiar. You people slay me.

Taser™ Nation

"A decade ago, ordinary Americans would not have tolerated such widespread use of the Taser, a stun gun delivering a 50,000-volt shock. They would not have tolerated the electrocution of unarmed, non-threatening civilians without following the normal "escalation of force" policy.

Ironically, American political leaders and the media once cast aspersion on the regimes of Guatemala and Argentina, which used cattle-prods on prisoners. Cattle-prods only deliver 25,000-volt shocks, half that of the Taser.

Guantanamo helped condition the American public. It raised the threshold of what Americans consider reasonable in violating personal space by the state - or by its private contractors, like Halliburton, which has built parts of Gitmo, or Lockheed Martin, which has provided professional interrogators.

The transfer of violations from Guantanamo to the US "Homeland" might be one purpose behind Guantanamo in the first place. After all, hardly any real terrorists were convincingly exposed at Guantanamo, and even some federal authorities wonder aloud that more than one-third of the detainees might be entirely innocent. By and large, Gitmo was populated with taxi cab drivers, goat herders and even teenage students, most having been delivered to US forces by bounty hunters and opium warlords."

~ Dr. Andrew Bosworth : Taser Nation

Omar Khadr v. Canada

KornKobKory blows off Omar Khadr's lawsuit against Harper, filed by Khadr's lawyers with the Federal Court of Canada on Friday in a desperate bid to force his repatriation to Canada :

"This is predictable," said Mr. Kory Teneycke, the prime minister's director of communication. "It's an attempt by Mr. Khadr's lawyers to avoid a trial."

Now why would they want to avoid a trial?

Let's review, shall we, Kory?

Here's Col. Morris Davis, former chief prosecutor for Guantánamo's military commissions, in conversation with Pentagon general counsel William Haynes, advocate of waterboarding and chief legal adviser to Defense secretaries Donald Rumsfeld and Robert Gates :

"[Haynes] said these trials will be the Nuremberg of our time," recalled Davis, referring to the Nazi tribunals in 1945, considered the model of procedural rights in the prosecution of war crimes. In response, Davis said he noted that at Nuremberg there had been some acquittals, which had lent great credibility to the proceedings.

"I said to him that if we come up short and there are some acquittals in our cases, it will at least validate the process," Davis continued. "At which point, [Haynes's] eyes got wide and he said, 'Wait a minute, we can't have acquittals. If we've been holding these guys for so long, how can we explain letting them get off? We can't have acquittals. We've got to have convictions.' "

KornKobKory then continues on with his support of the Gitmo trial :

"Mr. Khadr should face these charges through a trial process and not through a political process"

despite the fact that former chief prosecutor Col. Morris Davis has specifically condemned the trials as "political, not legal".

Last word to Scott Horton, Columbia University Law School :

"If someone was acquitted, then it would suggest we did the wrong thing in the first place. That can't happen," says Horton sardonically."

Bring Omar Khadr home

All together now :
1."Mr. Khadr faces some very serious charges."
2. "the government has been assured he is being treated humanely" and
3. "any effort to act on his case while he is still before the courts would be premature"

Today MP Jason Kenney became the eighth Con podperson to repeat - without mistakes! - the three immortal phrases previously parroted by Maxime Bernier, Marjorie LeBreton, Deepak Obhrai, Eugénie Cormier-Lassonde, Kory Teneycke, Alain Cacchione, and, of course, Steve - the last head of state on the planet to publicly support Guantanamo Bay.


Dear Prime Minister Harper,

I am deeply concerned that Canada has not sought to repatriate Omar Khadr, the only Canadian and the youngest detainee held at Guantanamo Bay, Cuba.

While the accusations against Omar Khadr are serious, he has spent more than a quarter of his life in U.S. military custody, where he has been subjected to repeated abuses and may have been tortured.

Interventions from Australia and Britain have resulted in the successful repatriation of their citizens from Guantanamo Bay. I call on you to petition the U.S. government to repatriate Omar Khadr to Canada, where he can be tried fairly.

I look forward to your prompt reply.

Sincerely,
[Your Name Here]

Via Kathleen Ruff at RightOnCanada

Too bad for Omar Khadr that Harper is not a leader

Gitmo trials rigged :
"He's not going to get a fair trial," [Lt.-Cmdr.] Kuebler told The Canadian Press from his office in Washington, D.C.
"Military commissions aren't designed to be fair. They're designed to produce convictions."
Harper could pre-empt the hearing by asking Washington to send Khadr - Guantanamo Bay's lone western detainee and also its youngest - back to Canada, Kuebler said.
"I hope that the prime minister of Canada finally decides to stand up and act like a prime minister of Canada and protect the rights of a Canadian citizen."

I mean, Algeria managed it for Algerian detainees. Algeria. Also Saudi Arabia, Pakistan ...

But we won't. Why? Apparently because the charges against Khadr are serious :

"Mr. Khadr is accused of very serious things," the prime minister said last week. "There is a legal process in the United States. He can make his arguments in that process."

"We can't ignore the serious charges Mr. Khadr is facing," [PM spokesweasel Kory] Teneycke said. "The proper forum for determining his guilt or innocence is a judicial process not a political process."
"
"Eugénie Cormier-Lassonde, spokesperson for Canada's department of foreign affairs, says Khadr faces "serious charges ... includ[ing] murder, attempted murder, conspiracy, material
support for terrorism, and spying, all in violation of the laws of war."

See, apparently Canada doesn't do "serious things". Sure, we're ok for the non-serious stuff, like making apologies to First Nations and promising aid to Africa that we don't deliver, but when it comes to the really serious things like torture and illegal kangaroo courts - well, we leave that stuff up to the Serious People : Bush, Cheney, Rumsfeld - the people who can't travel outside their country without triggering war criminal proceedings.

Gates and CondiRice are on record as wanting Guantanamo shut down, McCain and Obama have vowed to close it, and US Supreme Court has ruled against it three times in as many years.

As Kuebler put it : "he can stop taking his orders from the Bush administration and stop being the last leader of a Western country to subsidize a failed process in Guantanamo Bay."

But Harper is not a leader, so Lt.-Cmdr. William Kuebler, a conservative Republican in the U.S. Navy, is doing his best to fill in for him.

China goes to Gitmo

NYT : Terrorism and the Olympics

"After 9/11, China declared its own war on terror in Xinjiang, but Human Rights Watch and Amnesty International have documented that this often has targeted Uighurs who are completely nonviolent.
[Uighurs are Turkic farmers inhabiting the Xinjiang region]

Unfortunately, the Bush administration has largely backed this Chinese version of the war on terror. Indeed, a Department of Justice report this month suggests that American troops softened up Uighur prisoners in Guantánamo Bay on behalf of visiting Chinese interrogators. The American troops starved the Uighurs and prevented them from sleeping, just before inviting in the Chinese interrogators."


The author also has a blog where he notes :
"What irks me is the Bush administration backing the Chinese Communist Party as it uses the “war on terror” as a cover to go after those moderate Uighur dissidents who favor more autonomy or religious freedom but oppose any violence. The Bush administration listed the “East Turkistan Islamic Movement” as a terror organization in the aftermath of 9/11, apparently as a “thanks” to Beijing for its help in cracking down on terror financing."


"Thanks" : China leaned on Pakistan, Pakistan made promises, Pakistan is no longer keeping them.

All of which leaves me wondering what Canada's Gitmo deal is with the US, the one wherein we are the last country in the world to press for release of a Canadian child-soldier held there since his 15th birthday.

Yesterday Khadr's US military lawyer William Kuebler stated that the judge hearing Omar Khadr's case, was abruptly dismissed, after he "threatened to suspend the case unless prosecutors turned over key evidence to the defense lawyers".


In April Maxime Bernier stood beside Condi Rice in Washington and announced it would be "premature to comment about the legal process right now and appeal process because they’re still ongoing. And what we will do is we’ll do -- and I received also assurances that Mr. Khadr has been treated humanely."

"And what we'll do is we'll do --" a little suppressed thought hiccup there from Max. I wonder what he stopped himself from saying.

Omar Khadr

G&M : "The U.S. soldier Omar Khadr is alleged to have killed may have died as a result of friendly fire, Mr. Khadr's lawyers argued at Guantanamo Bay yesterday.
Mr. Khadr's U.S. military defence lawyer, Lieutenant-Commander Bill Kuebler, revealed in court that several accounts of the 2002 gun battle show that U.S. soldiers were throwing grenades when they stormed the Afghan compound containing Mr. Khadr.
Mr. Khadr is accused of throwing a grenade at U.S. troops, mortally wounding a medic. The Canadian was 15 at the time."

That's Khadr in the picture at his time of capture.

"It was also revealed that an official with the Canadian Department of Foreign Affairs met Thursday with lawyers in the Khadr case in Guantanamo Bay, and showed them a copy of a report compiled by the Americans in the months after the 2002 Afghan battle."
The report was originally deemed classified, but was then declassified when it was handed over to the Canadians.
Military prosecutors at Guantanamo Bay, after reviewing the report, said it may still contain classified information, so Cdr. Kuebler would not comment on its details. However, he said it includes exculpatory information because it contains a description of events that is inconsistent with — and, at times, contradictory to — other reports.
The Canadian copy of the report is especially important because the Americans have since been unable to locate the original copy, meaning the Canadian copy of the report may be the only one still available."

This may prove a breakthrough for Khadr.

In February a leaked copy of witness testimony revealed that Khadr had not been the only survivor in the compound, as previously claimed, and that nobody had seen him throw the grenade.

In March, Kuebler insisted that "Lt. Col. W.", the Army Commander for Eastern Afghanistan at the time of the attack, had initially written in his report the day after the firefight that "the person who threw a grenade that killed Sgt. 1st Class Christopher J. Speer also died in the firefight", meaning that the grenade had not been thrown by Khadr. The report was rewritten several months later to say that the grenade thrower had been "engaged", rather than "killed", changing the wording that would have exonerated Khadr.

In 2005, Guantanamo's chief prosecutor told presiding officers that any evidence suggesting a suspect was innocent would be given a secret security classification, so that defence teams would not learn of its existence.

Although the G&M story doesn't specifically say so, I sincerely hope this visiting DFAIT official brought the Canadian copy of the original US report because Canada has behaved shamefully up till now, refusing to request the extradition of a child soldier despite third party testimony of his having been tortured.

Not that Canada hasn't been involved - Khadr was visited six times in Guantanamo by CSIS officials who then turned his testimony over to US officials. CSIS showed him pictures of people they wished identified, including Maher Arar. Khadr's US military lawyer had to request that CSIS officials be refused further access to Khadr for his own benefit.

Currently Cdr. Kuebler is waiting on whether the Canadian Supreme Court will ask the government to hand over all documents relating to Khadr's case.

"Cdr. Kuebler said Mr. Khadr's conviction is effectively a done deal if a trial commences under the current conditions. "I don't believe anyone can get an acquittal in Guantanamo Bay," he said."

"Canada had reason to know that Omar was being, if not tortured, at least seriously mistreated by the U.S. government and yet it did nothing and has done nothing," said Kuebler.
"I think it's shameful that Canada has displayed indifference for the plight of a Canadian citizen for no other reason than his father and family are unpopular."

On Tuesday, standing next to Condoleezza Rice in Washington, Foreign Affairs Minister Maxime Bernier said : "Mr. Khadr faces serious charges and it will be premature to comment about the legal process right now and appeal process because they’re still ongoing. And what we will do is we’ll do -- and I received also assurances that Mr. Khadr has been treated humanely. So we’ll see the legal procedure, and after that we’ll react."