Update added May 1 2010 At the bottom of the page
April 28 2010
Omar Khadr was to attend a pre-trial hearing in Guantanamo Bay Wednesday afternoon, hours after his lawyers turned down a purported deal that would see their client serve five years in a U.S. prison as a trade-off for pleading guilty.
The 23-year-old Khadr has been in U.S. custody since he was 15 years old, after being captured in Afghanistan and accused of throwing a grenade that killed a U.S. soldier.
The case involving Khadr — a Canadian citizen and son of Ahmed Said Khadr who died in a 2003 battle — will serve as a test run for the U.S. military justice system, which is supposed to process the remaining Guantanamo detainees so Washington can shut down the controversial prison.
In a case that has taken many twists and turns over the years, Khadr is now at a pre-trial stage, in which his lawyers are trying to have key evidence — a video that appears to show a young Khadr learning how to build an IED — thrown out on the grounds that it was not obtained properly.
Under the U.S. Military Commissions Act of 2009, evidence that is obtained through cruel, inhumane or degrading treatment of a prisoner is not admissible.
Khadr’s lawyers say that under these rules, the video should not be allowed as evidence.
He appeared in a military courtroom on Wednesday morning, but his hearing was pushed back to the afternoon after the prosecution and defence teams acknowledged they needed more time to review the rules for the military court.
CTV’s Lisa LaFlamme said they did not receive copies of the 281-page set of rules until late Tuesday evening.
“Strange as it sounds, on the eve of these very significant — crucial, in fact — pre-trial hearings, there was, in fact, no rulebook for the defence to even operate under,” LaFlamme told CTV News Channel from Guantanamo Bay on Wednesday morning.
The timing of the rulebook’s release was unprecedented, according Denny LeBoeuf, a lawyer with the American Civil Liberties Union. It called into question the fairness of the process, she said.
Such rules are usually released months before they come into effect so that lawyers have ample time to study them.
“There is no set of circumstances like this,” LeBoeuf told The Canadian Press from New Orleans.
“This would literally never happen, not in the most be-knighted backwoods court you can imagine. It would simply never happen.”
The hearing will proceed after Khadr’s lawyers apparently rejected a plea deal from U.S. prosecutors, LaFlamme said earlier on Wednesday.
“Prosecutors have offered a sentence of five years — either here in Guantanamo Bay if it is not closed, or in a U.S. prison — if Khadr pleaded guilty to war crimes offences.”
“The defence turned down that offer. They had been talking, in fact the defence openly discussed yesterday the fact that plea bargain negotiations were ongoing.”
The fact that Khadr has received a plea offer may suggest that the prosecution isn’t confident it could get a conviction on the murder, LaFlamme said. Source
8 years he has been in prison.
If anything he should have been released years ago.
He has been in prison since he was 15.
Even if a soldier did die and if and that is a big IF, he did do it. It would be self defense. After all who did the invading. Oh that’s right the US and NATO invaded Afghanistan on the grounds that they had something to do with 9/11 which as we all well know, is a crock of bull to begin with.
Well for every Afghan that died at the hands of soldier I suppose all of the soldiers should be put on trial for murder as well. Those soldiers who injured thousands should also be put on trial for assault causing bodily harm as well . That would be fair don’t you think?
The kid didn’t go to the US and kill anyone. The US went to Afghanistan and killed and injured a whole lot of innocent people.
Pre planed, Pre mediated Murder by the US Government and friends.
To many things were fabricated about 9/11 even many of the Hijackers were found alive and well at home. So they invented Hijackers even.
The miraculous passport that survived the massive flames from the plane crash. Probably forged. Like the document about Iraq getting Uranium from Africa. A lot of fake stuff was invented.
The buildings were brought down by a demolition team, which would have taken some time to prepare for.
If anyone came to my country and invaded it, I would kill them too given the opportunity.
That does not make me a terrorist. that just means I would defend my country. Self Defense.
Khadr may not have been in his home country Canada, but his life certainly was being threatened. Self defense.
The US and NATO should not be in Afghanistan to start with. There is absolutely no legitimate, legal reason to be there.
They were sent there to get a pipeline built. That is the only reason they went and invaded the country. Well they got their pipeline.
Now the country is so messed up it’s horrifying and horror grows each an every day. Don’t believe other wise or you are being gullible.
Life has not improved for those in Afghanistan. They have more addiction to heroin, more poverty and more unemployment. They certainly are not safer. Innocent civilians are being killed by the invading NATO/US forces all the time.
Who should really be on trial is those who lied and manipulated their way into the invasion in the first place, they are the real criminals not the 15 year old who probably killed no one. One thing about the US they will find and fabricate lies to prosecute innocent victims. They are very good at that.
The real criminals have killed over a million and half people all based on lies and fabrications.
9/11 was not perpetrated by anyone in Afghanistan or Iraq.
If you believe it was, then have I got a deal for you, some really awesome real-estate on Mars for sale. Prime property worth millions. I will sell it to you for a good price. How about $10,000 an acre. That is a bargain, it is actually worth much more.
So if you are gullible enough to believe the 9/11 myth then land deal is just right up you alley.
Oh yes it would make lovely vacation spot. Warm, Sunny and lot of open space, so get you prime real-estate now before it is all sold out.
No weapons of mass destruction were found in Iraq either. Now that I think about it. I digress.
There are however a lot of graves. A lot of sorrow. A lot of hate towards the US/NATO forces for all the killing and maiming of families, friends, relatives, children included etc.
If you surrendered back then well you probably would have been murdered. About 3,00o were slaughtered after they gave themselves up.
Surrendering was and is still not an option for anyone in Afghanistan. You are either killed, imprisoned for years with out trial and tortured. Some options right?
All the people in Afghanistan that have killed any US soldier or NATO soldier are defending their country. Self Defense. They are guilty only of defending their country. After all who invaded who?
Why has no one in the US who created all the lies to start the wars never been prosecuted for Torture, Human rights violations, Mass murder and War crimes?
Where is the real justice in this world?
- Khadr boycotts hearing for second day
- Khadr absent as hearings resume
- Khadr refuses ‘humiliating’ security gear, delays court
May 1 2010 Updates