Omar Khadr, the "James Bond of Jihad", is granted bail.

National Post : "One way or another, Omar Khadr will soon be a free man.

On Friday, moments after judge J.M. Ross of the Court of Queen’s Bench of Alberta granted the 28-year-old Toronto native bail from an Edmonton-area jail pending appeal of his war crimes conviction in the United States, the government announced — as predictably as day follows night — that it would appeal."

The government did not argue that Khadr posed any danger to Canada but rather that his release would show disrespect for the US justice system.  You know - this justice system.

It's difficult for those of us who are relatively sane to appreciate the pants-pissing opportunistic hysteria Omar Khadr apparently provokes in those who are not.

Two years ago, the office of Public Safety Minister Vic Toews tacked a few additional "terrorism" charges onto Omar Khadr's Canadian file that were not in his original conviction, based on a *confession* written by the prosecution at the discredited Guantánamo Bay military tribunal :

"Ottawa’s file on Omar Khadr contains faulty information based on a memo prepared by a senior policy analyst for Public Safety Minister Vic Toews ... Among other things, the government alleges the late terrorist mastermind Osama bin Laden was an accomplice of a 15-year-old Khadr, and that the Canadian citizen killed two Afghan militia men.

You following along here?  -  the Canadian Public Safety Minister says Osama bin Laden was the accomplice of a 15 year old!

“Mr. Khadr engaged U.S. military and coalition personnel with small-arms fire, killing two members of the Afghan militia force. He threw and/or fired grenades at nearby coalition forces, resulting in numerous injuries to them.”

Presumably the Ministry of Public Safety's laughable embellishments were garnered from Ezra Levant's appalling book, The Enemy Within: Terror, Lies, and the Whitewashing of Omar Khadr, published the previous year in 2012. Some selections : 

Levant describes the 16-year-old GWOT political prisoner as "the James Bond of Jihad", "the biggest, smartest, most deadly fish in a pond teeming with the most vicious, depraved men on Earth", "a degenerate Agent 007," and a “psychopathic” “degenerate” “gangster,” “deranged … every bit as demented as Paul Bernardo, Canada’s infamous schoolgirl serial killer” who "gave himself a licence to kill Americans and Jews." 

He wrote that Khadr's - as yet still unproven in any reputable court - act of throwing a grenade was part of his plan to rise to the top of AlQaida and become the "biggest, most brutal Godfather ever" and the "top dog of terror".

It's unhinged. 

How, as Boris is wont to ask, did we ever allow ourselves to be governed by such vile, vindictive, tawdry, incompetent, opportunistic fools?

More from Montreal Simon and Thomas Walkom

The silver lining for Khadr is that upon his release, after the government has exhausted all legal means of betraying common decency, he will be living with his lawyer Dennis Edney.

I know -you've seen Edney's 2010 speech before as I like to post it once a year as a reminder of what actual common decency looks like. 

Edney : 

"We cannot rely upon governments or others to help us make society better. Each and every one of us has to be our own leader."

Saturday Update : 
In their attempt to deny him bail, Dept. of Justice lawyers declined to make a case in court that Khadr is either a flight risk or a public safety risk. 

Lautens : Harper vs Omar Khadr - You Can't Get What You Don't Argue.

"Instead, they tried to argue that Canadian law - including his right to fundamental justice under the Charter of Rights and that most ancient human right in British jurisprudence, habeas corpus - didn't apply to Omar Khadr because of our treaty with the USA."

The judge didn't buy it.
Canadian Cynic : "Sadly, the Harper Gov't is in the enviable position of having a bottomless public treasury to keep funding stupid, doomed appeals."
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Canada on torture : We're buying if you're selling

Canada's collateral fallout from Tuesday's Senate Intelligence Committee summary on the torture of prisoners at CIA “black site” prisons around the world.

"A spokesman for Public Safety Minister Steven Blaney’s office said Wednesday that Canada does not engage in, or condone, torture by national security agencies but ...  Canada will act on “a tip from any source” if Canadians’ lives are in danger."

This is our usual "we're buying if you're selling" approach to torture.

Feb. 2012 : "The latest directive says in "exceptional circumstances" where there is a threat to human life or public safety, urgency may require CSIS to "share the most complete information available at the time with relevant authorities, including information based on intelligence provided by foreign agencies that may have been derived from the use of torture or mistreatment."

April 2010 :  Day One of Omar Khadr's trial at Guantanamo. 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 was only 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.

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.

"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." 

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

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

December 2009 : Harper shuts down parliament for two months in what turned out to be a successful strategy to muzzle parliamentarians regarding Richard Colvin's testimony about the torture of random Afghan farmers and taxi drivers under Canadian watch. 

Harper hired Bruce Carson to "stickhandle" the Afghan file "on a daily basis, involving senior officials from departments such as foreign affairs, defence, RCMP, justice and corrections". In 2007 a requisition for special boots to allow Correctional Services Canada inspection teams to wade through blood and shit in Afghan prisons was made public.

I think it's fair to say any report similar to the US Senate summary made partially public on Tuesday would never see the light of day in Canada.

April 2009 : "More than 16 months after Canada's security agencies cleared Abousfian Abdelrazik, government lawyers are now pressing him to admit to being a senior al-Qaeda operative, echoing American accusations extracted from Abu Zubaydah, water boarded more than 80 times under the Bush administration."

As noted by POGGE at the time : 

"While the rest of the world is coming to terms with the fact that the Bush administration was actually using torture to elicit false confessions in an effort to justify their invasion of Iraq, the Hapless Government™ is trying to use statements from a man who was waterboarded 83 times to prove that Abdelrazik is a terrorist."

March 2009 : The same day that CSIS lawyer Geoffrey O’Brian told the public safety committee there is no absolute ban on using intelligence that may have been obtained from countries with questionable human rights records on torture, RCMP spokesman Gilles Michaud tells the same committee :

"I want to be clear here - there is no absolute ban on the use of any information by the RCMP."

November 2006 : CSIS director Jim Judd said it had done nothing wrong by accepting as genuine the confession of Maher Arar, who was secretly and illegally bundled off by extraordinary rendition to a prison in Syria where he was held and tortured for a year.

"It does not necessarily follow that because a country has a poor human rights record that any information received from it was the product of torture," Judd told Parliament's public safety committee.

G&M : "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.” 

Dec. 9, 2014 CBC : "This is a report of the United States Senate," Harper told the House of Commons on Tuesday. "It has nothing to do whatsoever with the government of Canada."
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Update : Tom Tomorrow
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Dennis Edney on Omar Khadr

Reposting this moving clip of Omar Khadr's lawyer Dennis Edney from 2010 :

"We cannot rely upon governments or others to help us make society better. Each and every one of us has to be our own leader."

Today :
Michelle Shephard :

"Khadr’s legal odyssey began when he was shot and captured at the age of 15 following a July 27, 2002, firefight with U.S. Special Forces. U.S. Delta Force soldier Sgt. First Class Christopher Speer was fatally wounded by a grenade blast at the end of the battle. The Pentagon accused Khadr of throwing the grenade and charged him with “murder in violation of the laws of war,” attempted murder, conspiracy, spying and providing material support to terrorism. 

His case is the only instance of a U.S. captive being tried for murder for the death of a service member fighting in Afghanistan or Iraq. He is also the first juvenile convicted for war crimes in modern-day history."

Stephen Harper : 

"This is an individual who, as you know, pled guilty to very serious crimes including murder and it is very important that we continue to vigorously defend against any attempts, in court, to lessen his punishment for these heinous acts."

Dennis Edney : 

“Canadians should be concerned with the interference of our government in the judicial system,” he told journalists. “This is not about guilt or innocence, it’s about where he gets placed.”

He was eligible for full parole in July but hasn't applied, said Edney, because "he hasn't got a chance."   He said because Khadr has been so isolated, he hasn't been eligible for prison programs. And that's what he needs in order for the parole board to release him.   If Khadr continues to be labelled as a maximum security inmate, "he'll never get out," said Edney. 

"This government is running out the clock on him for the next five years."

Update : OMAR KHADR: WAR CRIMINAL, CHILD SOLDIER... OR NEITHER?

Update Sept.30 : Stephen Harper has appointed Justice Marc Nadon to the Supreme Court to replace retiring Justice Morris Fish. In 2009 Nadon provided the dissenting opinion that the Con gov did not breach Omar Khadr's Charter rights in refusing to demand his repatriation from a U.S. military prison in Guantanamo Bay.

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Update Oct.18 : Edney's motion denied 

Omar Khadr to remain in maximum-security prison

Alberta Judge rejects application to move former Guantanamo Bay inmate to provincial jail

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Vic Toews : To serve and protect the Con agenda

So after the office of Public Safety Minister Vic Toews tacked a few additional "terrorism" charges onto Omar Khadr's Canadian file that were not in his original conviction by the discredited Guantánamo Bay military tribunal (h/t Cathie from Canada): 

Ottawa’s file on Omar Khadr contains faulty information based on a memo prepared by a senior policy analyst for Public Safety Minister Vic Toews ... Among other things, the government alleges the late terrorist mastermind Osama bin Laden was an accomplice of a 15-year-old Khadr, and that the Canadian citizen killed two Afghan militia men. 

“Mr. Khadr engaged U.S. military and coalition personnel with small-arms fire, killing two members of the Afghan militia force. He threw and/or fired grenades at nearby coalition forces, resulting in numerous injuries to them.”

The assertions are important given they will help inform decisions Canadian prison and parole authorities make on Khadr. [Khadr's appeal coming up in July]

a Public Safety spokesy now opens the door to not releasing Khadr even if his Guantánamo conviction is overturned in the US :

"Canadian authorities insist they will decide what happens to Omar Khadr if his conviction for killing a U.S. soldier in Afghanistan more than a decade ago is overturned in the United States. 

Lawyers for Mr. Khadr, now 26, said Friday they will appeal his guilty plea and conviction on murder and terrorism charges in a U.S. federal court that has already tossed out several similar Guantanamo military tribunal convictions."

In January, in what a number of public officials anonymously referred to as "highly unusual extraordinary political interference", the office of Public Safety Minister Vic Toews twice overturned a Canadian Press request for a phone interview with Khadr after it had already been approved by the warden at Millhaven where Khadr is being held, citing "access could pose a security risk".

Because a child soldier who has spent the last 10 years in Guantánamo since the age of 16 is naturally "a security risk" to Canada and must be silenced.

The request had been flagged by the Privy Council Office.

In another example of extraordinary political interference that came to light this week, RCMP Commissioner Bob Paulson ordered all senior Mounties to get clearance from Toews and his office before meeting with any MPs or senators via a liaison office that co-ordinates RCMP strategy with the office of Public Safety Minister Vic Toews. (h/t DammitJanet!)

Last year Paulson told Liberal Senator Colin Kenny that he himself could not commit to a meeting until he got the stamp of approval from the Department of Public Safety. The meeting never took place.

Toews parlsec Candice Bergen, formerly Hoeppner, who introduced final reading of the Combating Terrorism Act in the House last week, explained on Friday:

"If parliamentarians need to, or want to, meet with RCMP or other officials, the appropriate place for them to do that is in parliamentary committees."

NDP MP Randall Garrison : 

"It's not appropriate for the government to reach into the police operation. It's a very, very fundamental part of what we must be assured exists so that the police aren't doing the work of the government, they're doing the work of the public." 

Liberal Senator Grant Mitchell said he feared the "politicization of the police force."

Bit late for that.

More on recent Toews RCMP Police State escapades : Montreal Simon and DammitJanet!

Fun fact : G&M Editor's note on Omar Khadr’s freedom in Ottawa’s hands despite U.S. appeal, Safety Minister insists : "An earlier version of this story incorrectly referred to Vic Toews as the Public Security Minister".

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Dennis Edney

Omar Khadr's Lawyer Dennis Edney Speech at FNC from Ezra Winton on Vimeo.

via Art Threat

"Be your own leader"
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Good news for Obama! Obama gets off!

NYTimes :

The deal to avert a trial of Mr. Khadr represents a breakthrough for the Obama administration’s legal team, which had been dismayed that his case was to become the inaugural run of a new-look military commissions system — undermining their efforts to rebrand the tribunals in the eyes of the world as a fair and just forum for prosecuting terrorism suspects.

despite that bit about rewriting the rules as they went.

LATimes :

The Obama administration will be spared putting Canadian terrorism suspect Omar Ahmed Khadr, a Guantanamo Bay prisoner, on trial in relation to a firefight in Afghanistan when he was 15 and apprenticed to militant fighters.

A young Canadian terrorism suspect accepted a plea deal Monday that will make him eligible to leave Guantanamo Bay prison in a year, sparing the Obama administration the spectacle of putting the first child soldier on trial for war crimes in modern times.

So we're all good then, are we? The main thing is - Obama got off.

Question : If, as an apparently extra-judicial person, you have to plead guilty under duress to get out of a court not recognized as such anywhere in the world but Canada and the US, a court whose entire reason for existing is to be beyond the rule of established civil and military law, does it still count?

Fun fact : The only two counties left not to have ratified the UN Convention on the Rights of the Child are Somalia and the United States.

Canada has ratified it but we thought it was called the UN Convention on the Rights of Children We Like.

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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."
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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?
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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

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Canada vs. Omar Khadr 2010

Shorter Supremes :
While it is true that the Canadian government violated the Canadian charter rights of a Canadian citizen when it sent Canadian agents to interrogate him in a foreign concentration camp and then turned the contents of that interview obtained under duress over to the owners of that concentration camp, and while it is true that same Canadian's charter rights continue to be violated every day that he is held there, unfortunately we don't do foreign policy here at the Supreme Court so we're hoping Steve will do the right thing all by himself.
(edited for clarity)
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KSM gets a real trial, Khadr gets a kangaroo

Fafblog explains : Breaking Terror Update!

Khalid Sheikh Mohammed and four of his friends are going to stand trial! It's taken about six and a half years for this to happen, during which they were all presumably kept waiting in the parlor of a sumptuous mansion along with the Colonel, the Countess, the jewel thief, the butler and the maid while a brilliant but eccentric sleuth attempted to discern the identity of the true culprit through the use of the deductive method, the thorough examination of evidence, and simulated drowning.

Everybody else has to stay in Special Torture Jail forever on accounta they have all come down with Schrodinger's Guilt. If they stay in the box they might be guilty, but if we open the box they might not be.

This hardly seems fair. Sure, the Americans may have had KSM's young children tortured with insects, but Omar Khadr was a child.

U.S. Special Forces shot Khadr twice in the back during his capture, and he was brought to the American-operated prison in Bagram, Afghanistan, in critical condition. During the three months before his transfer to Guantanamo, he was interrogated more than 40 times for up to eight hours a day. His chief interrogator, Joshua Claus, was later court-martialled in connection with the death of an Afghan taxi driver at Bagram.

Khadr claims that during his questioning he was threatened with dogs, hung by his wrists or put in stress positions, despite his injuries. He also alleges he had a hood placed over his head and then soaked with water until he began to suffocate, and had LED lights shone into his eyes, injured by shrapnel.

Naturally this doesn't cut any ice with the online newspaper commenters who suggest that rather than being repatriated to Canada, Khadr should be sent back to wherever it is he came from.
Presumably none of them actually live in Toronto.
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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.

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"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."

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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]

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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?

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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.

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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.

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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.

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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.

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Newspeak comes to Foreign Affairs

Embassy Mag : "Gender Equality", "Child Soldiers" and "Humanitarian Law" are Axed from Foreign Policy Language

With subtle strokes of the pen, it appears the Conservative government has been systematically changing the language employed by the foreign service and, as a result, bringing subtle but sweeping changes to traditional Canadian foreign policy.

In an email communication obtained by Embassy, staff at the Department of Foreign Affairs express concern about frequent changes being made to commonly used terms, particularly where such changes are not consistent with accepted Canadian policy.

Rewriting Canadian foreign policy without going through parliament.

"International humanitarian law" has been replaced by "international law"

WTF?

IHL is about Geneva Conventions : war, casualties, the limiting thereof.

Take out "humanitarian" and we're talking the laws of the sea, trade law, border stuff.

No humans rights or massacred civilians here. Take that, International Criminal Court! You too, UN.

Doubtless our partners in the Canada-Israel Homeland Security pact will be gratified to learn of our new position on human rights in occupied territoriesopen air prisons.

In fact, a source close to Foreign Affairs told Embassy that the Prime Minister's Office had once tried to change Canada's official position on the ICC to essentially state that Canada does not support the ICC, it tolerates it.

"Gender equality" is now "equality of men and women"

What are we talking here - height? Number of arms and legs?

Back in the 90s we figured out that sex is biological; gender is both political and socially constructed and gender-based violence is not just about your junk.

"References to gender-based violence are removed," the Foreign Affairs email states, muttering darkly about the influence of certain conservative women's groups. Hi, Gwen!

Canada, previously a pioneer in the fight to bring gender equality into the human rights agenda, is apparently back to cocks and cunts.

"Child soldiers" is now "children in armed conflict."

We're obviously talking toddlers in swaddlin' clothes here and we are most definitely not talking child soldier Omar Khadr. Again, Canada pioneered protection for child soldiers in international humanitarian law at the UN, but that was before we became the last government on planet Earth to offer our passive support to what goes on in Gitmo.

Go read.

Foreign Affairs is pushing back. Good for them.

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h/t Waterbaby

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"Then they were heroes. They were heroes."

Another brown Canadian citizen has been held in the US for 5½ years without charge, 4 of them in solitary confinement, for "allegedly assisting al-Qaeda", and his lawyer worries that he will suffer the same fate at the hands of the Canadian government as Omar Khadr and Abousfian Abdelrazik.

CBC : Ottawa not saying if Canadian linked to al-Qaeda can return

"Last month, U.S. federal prosecutors offered to drop the five charges of material terrorism if Warsame pleaded guilty to a lesser charge of conspiracy to support al-Qaeda."

Mohammed Warsame has accepted the offer - and after four years in solitary in the US, so would I - but Warsame does not deny his association with al-Qaeda. In 2000, he left Toronto for Afghanistan to train with al-Quaeda. Disillusioned by what he found there, he returned to Canada in March 2001 - six months before 9/11 - was picked up by the FBI in Minneapolis in 2003, and has been held in custody without trial ever since.

As his lawyer puts it : "Like many young Muslims, he was attracted by the notion of an Islamic state he believed was a sort of utopia."

Reading this I was reminded of a Chris Sands interview with the wife of an American diplomat stationed in Kabul. She spoke of her husband accompanying the Afghan resistance on their missions across the border against Soviet troops and of her friendship with fundamentalist Mujahideen leaders.
"Then they were heroes. They were heroes," she said.

Yes. They were praised as heroes, we now know, for being used by the US to embroil the Soviet Union in a crippling unwinnable war. But what is not often mentioned is the effect all that hero worship and propaganda in the western press would have had upon young Muslim teenagers in Canada and the US.
Warsame's crime was to have believed it.
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Welcome to the Banana Republic of Canada

In the wake of the O'Connor and Iacobucci public inquiries into the role CSIS played in the torture of Canadians overseas, a new government rulebook of guidelines was issued to CSIS and blandishments were offered by the ministers in charge.

What's in the new rulebook? Pogge blogged yesterday about a copy obtained by The Canadian Press under the Access to Information Act that is so heavily censored it is impossible to tell whether the new guidelines adequately address the recommendations laid out by O'Connor and Iacobucci to prevent future torture such as that visited upon Maher Arar, Abdullah Almalki, Ahmad El Maati, and Muayyed Nureddin. As Pogge wrote :

"When representatives of government and its agencies assure us that they're playing by the rules, it's a little difficult to judge the accuracy of their claims when we're not allowed to know what those rules are."

This was also the position our elected representatives on the Committee on Public Safety and National Security found themselves in back in March during its Review of the Findings and Recommendations of the Iacobucci and O'Connor Reports. Despite persistent straightforward questions from the Liberals and Bloc members - Do we condone torture? Do we still use information derived from torture? - the dodging and weaving from CSIS lawyer Geoffrey O'Brian left these questions largely unanswered.

A brief media flurry resulted from his opening statements that there is no absolute ban on the use of information derived from torture when "lives are at stake", but this was immediately laid to rest the next day when the word "knowingly" was added by Public Safety Minister Peter Van Loan", as in "we don't knowingly use info extracted by torture". It's the Don't ask, Don't tell Intel.

As O'Brian explained to the committee : "Three individuals are suing the government for several hundred million dollars, therefore we cannot discuss anything that would indicate that the government is in agreement with Iacobucci's findings."

He is aided in this avoidance of accountability by the six Con members on the committee running interference on tough questions from the Libs and the Bloc. From my notes of that session -not exact quotes :

Maria Mourani, Bloc : I'd like to ask about our questioning of Omar Khadr in Guantanamo ...
Dave MacKenzie, Con : Point of order : what's the relevance?
Mourani : Khadr was tortured and Canadians paid CSIS to contribute.
Chair Garry Breitkreuz, Con : I don't understand the relevance.
Mourani : I want to know did CSIS use information from Khadr obtained under torture?
MacKenzie : Point of order - Mourani is on a fishing trip.
I'll just give you a moment to let that one sink in.

Mourani : I'll rephrase the question : Is information obtained under torture?
Chair, Breitkreuz : Witnesses cannot comment on individual cases.
Mark Holland, Lib : But the questiuon is central to this inquiry.
Rathgeber, Con : Point of order. Not relevant. Stick to Iacobucci and O'Connor reports.

Which, you will recall, O'Brian has already said cannot be commented on due to ongoing litigation.

Menard, Bloc : Mourani is right. This is central to the O'Connor and Iacobucci reports. What we want to know is: Is torture still endorsed?
Mourani : Answer my question.

O'Brian, eventually : "I reject the premise of the question"

And thus CSIS informs elected members of parliament - the peoples' representatives - sitting on a committee whose mandate is to provide public oversight on intelligence agencies - to stuff it.


A couple of years ago I was sitting in a bar in the States discussing politics with some university students. "How are things up there after the coup?" one of them asked.
Me : *blink* *blink*
"Perhaps you don't call it a coup," said another helpfully.
We not only don't call it a coup, we don't even ever refer to it.
In 2006 as Liberal PM Paul Martin was set to be re-elected, RCMP Commissioner Giuliano Zaccardelli went public with a criminal investigation into rumoured leaks of the Liberal decision not to tax income trusts and that was the end of the Libs. Nothing came of the investigation save one lone bureaucrat pocketing some loot. No inquiry was ever launched into why the head of the national police force, himself later disgraced over Arar, in effect threw the outcome of a national election.

And exactly which intelligence agencies are responsible for the continued incarceration of Omar Khadr and the ongoing banishment of Abousfian Abdelrazik? Well we don't really know.

What we do know is that we have lost public oversight over our police and intelligence agencies. Isn't this the kind of thing we used to sneer at "banana republics" for?
.

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.

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."