Obama to issue executive order to shut Gitmo

Omar Khadr's future was likely changed on Wednesday, with Barack Obama halting all trials in the prison and Canadian officials sending mixed messages.

CTV Toronto: Chris Eby covers the Khadr case

A new U.S. administration is shifting the Harper government's position on Guantanamo Bay detainee Omar Khadr. Chris Eby reports.

On the Hill: Lt.-Cmdr. William Kuebler, Khadr lawyer

One of Barack Obama's first acts as President was to order the closure of Guantanamo and the halting of all trials therein. Omar Khadr's lawyer looks at the uncertain future this creates for his client.

CTV Newsnet: Ehab Lotayef, Coalition to Repatriate Omar Khadr

The Coalition to Repatriate Omar Khadr says the reason Canadians should care about his return to Canada is because he was a child soldier and by the very virtue of his age, is innocent in international law.

CTV Newsnet: Fen O. Hampson, international affairs professor at Careton University

The operations at Guantanamo Bay have harmed America's reputation around the world and closing the infamous prison could help U.S. foreign relations

CTV Newsnet: Amir Attaran, University of Ottawa, examines what could happen to detainees

It appears U.S. President Barack Obama will follow through on promises to close Guantanamo Bay, but what will happen to detainees and Canadian Omar Khadr is less clear.

CTV Newsnet: Lt. Cmdr. William Kuebler, Khadr's U.S. military lawyer, from Guantanamo

U.S. President Barack Obama's move to adjourn trials at Guantanamo was expected, and the 120-day timeline appears to be more for optics than necessity.

CTV Newsnet: Robert Fife with Canadian reaction to the Khadr case

The Canadian government's position has been 'wait and see,' but opposition leaders have argued Omar Khadr should be repatriated for numerous reasons.

CTV Newsnet: Hilary Homes, Amnesty International Canada, on halting the process

The suspension of the military trials at Guantanamo Bay is a positive step, and activists say now is the time to seek the repatriation of Omar Khadr.

CTV Newsnet: Michelle Shephard, author 'Guantanamo's Child,' from Cuba

Canadian Omar Khadr's lawyer is reportedly asking Prime Minister Stephen Harper to request his repatriation, now that the process against him has been adourned by U.S. President Barack Obama.

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CTV.ca News Staff

Date: Wed. Jan. 21 2009 9:42 PM ET

U.S. President Barack Obama will sign a presidential order on Thursday to shut down Guantanamo Bay within a year, raising the possibility that Canadian-born detainee Omar Khadr could return home.

On Wednesday, Obama circulated a draft order calling for the closure of the contentious prison.

A draft copy of the order, obtained Wednesday by The Associated Press, said that "in view of significant concerns raised by these detentions, both within the United States and internationally, prompt and appropriate disposition of the individuals currently detained at Guantanamo and closure of the facility would further the national security and foreign policy interests of the United States and the interests of justice."

Ottawa appeared to send mixed signals about the fate of Khadr, who is Guantanamo's lone western inmate.

While Defence Minister Peter MacKay hinted that the Conservative government may shift its stance on the Khadr case, the Prime Minister's Office said that Ottawa had not changed its position.

"Our position remains the same," the prime minister's spokesman Kory Teneycke told CTV's On The Hill.

"We'll deal with hypothetical situations when, and if, they do appear."

The ambiguous response from Parliament Hill came on the same day that a military judge in Guantanamo Bay adjourned Khadr's case.

Khadr is accused of killing an American soldier in Afghanistan in July 2002, when he was 15. The Tories have faced intense criticism for not pressuring the U.S. to release Khadr, now 22, so he could face a trial in Canada.

Reports of the imminent closure of Guantanamo Bay came on Obama's first full day as president. According to the Obama White House, closing the jail "would further the national security and foreign policy interests of the United States and the interests of justice."

Some of the 250 detainees at the prison in Cuba would be released, while others would be transferred to other facilities, with their trials continuing at a later date.

Earlier on Wednesday, a Gitmo military judge agreed to Obama's request to adjourn the war-crimes proceedings against Khadr -- who has been held at Gitmo for six years -- and five others, for 120 days.

That prompted Khadr's U.S. military lawyer, Lt.-Cmdr. William Kuebler, to say there were no longer any obstacles blocking Prime Minister Stephen Harper from requesting his client's repatriation to Canada.

Kuebler said the adjournment is akin to a dismissal of charges against his client.

"I think the practical effect will be the same, which is this process is done and there is no more ongoing process that Prime Minister Harper can use as a pretext for not acting on Omar's behalf," Kuebler told CTV Newsnet.

Harper has so far declined to request the repatriation of Khadr, saying it's not his place to interfere with another country's legal process.

Kuebler said the judicial process is now effectively over, and Harper's rationale no longer stands.

"I think it creates a real window of opportunity for the prime minister to engage on this issue."

Khadr's older sister Zaynab Khadr told The Canadian Press she had expressed mixed feelings about the news.

"I'm glad my brother is not going to trial, but I really would have preferred he was coming home, and he's not," she said Wednesday.

"He has been there for six years. Delaying justice is not justice at all."

Liberal Leader Michael Ignatieff called on Harper to soften his stance on the issue.

"I don't pronounce on his innocence or guilt, I just think enough is enough," Ignatieff said in Montreal.

"I want to make it clear -- I don't have an ounce of anti-Americanism in my blood. I have great respect for the constitutional and legal traditions of the United States of America, but I think Guantanamo has been a disgrace to those traditions."

Political 'optics'

Kuebler suggested the decision to temporarily adjourn the proceedings, rather than drop the charges altogether - which he had earlier sought -- was political.

"If they had actually withdrawn charges in the cases that could have been reported as charges being dropped...I think from a political standpoint the optics of a suspension or a stay are preferable," he said.

However, he acknowledged that the U.S. could still decide to bring Khadr back to American soil and proceed with a trial there.

He has argued that Khadr should be treated as a child soldier.

Obama acts fast on Guantanamo

On Tuesday, as one of his first post-inauguration acts, Obama requested an adjournment in Gitmo proceedings for Khadr, and the five men accused of conspiring in the 9/11 terror attacks.

The prosecution in Khadr's case put the request to the judges in his case on Wednesday, and it was approved.

That angered family members of those killed in the terror attacks, who were in Guantanamo for the proceedings.

"Mr. Obama has offered up the lives of almost three-thousand Americans on the ... altar of political correctness," said Don Arias, whose brother Adam died in the 2001 attacks on the World Trade Center.

"My brother will not be a sacrificial lamb on that altar."

The motion brought before the court explained that the intent is to allow time for the new administration to review the military commission process, and to look at the individual cases currently before military commissions.

The adjournment allows the administration to evaluate the cases of those who are not granted release or transfer, to determine "whether prosecution may be warranted for any offences."

The review would also lay out the next steps going forward in those instances where prosecution is deemed to be necessary, said the motion.

With files from The Canadian Press

Comments are now closed for this story

JFJ
said

The Americans have jurisdiction over the accused. He should face his day in Court (with all the rights that should be afforded to him by an American Court) not a Canadian Court.

He's alleged to have killed an Allied soldier.

Greg
said

People, people, people.

There seems to be some reading comprehension issues here. NOBODY IS SAYING THIS INDIVIDUAL SHOULD JUST BE LET GO.

Do you even know what your own country stands for? This kid has a right to stand trial and defend himself against the allegations. Period.

The Bush administration has denied Khadr and hundreds others like him this right. Period.

They all deserve due process. Period.

Nobody is saying they are cuddly teddy bears who deserve a pat on the back and a see you later. They deserve the same rights you and I and anyone else that supports a democratic society are entitled to. Period.

Get it?

Michelle
said

@Canadian Soldier

If a confirmed child terrorist/soldier with Canadian citizenship killed you or another member of our forces then I would want him brought back to Canada to face our legal system and the justice that our soldiers have sacrificed their lives for.
Khadr isn't coming home for a free pass on killing an American, it is to face justice, Canadian justice.

Thank you so very much for everything you have done in Afghanistan and I hope for your safe return.

Andrew
said

Yes you are right send the poor boy home. After all he had no clue what he was doing and was a poor soul who did nothing wrong. How do they say that...oh yes a victim of circumstance.

Not here though. His home is Afghanistan after all isn't it there that he fought. Send him there.

I do not want another canadian dollar spent on him or his family. They may have the paper but their heart and soul is not here.

We are being used people, plain and simple.

Doreen Hacker
said

According to UNICEF: "A 'child soldier' is defined as any child - boy or girl - under 18 years of age, who is part of any kind of regular or irregular armed force or armed group in any capacity, including, but not limited to: cooks, porters, messengers, and anyone accompanying such groups other than family members.

It includes girls and boys recruited for sexual purposes and/or forced marriage. The definition, therefore, does not only refer to a child who is carrying, or has carried weapons" (Cape Town Principals, 1997).

"Children become involved in armed conflict because they are physically and mentally easy to control. Child Soldiers are both victims and victimizers."

Omar Khadrs parents both purposely minimized his time spent growing up in Canada to prevent undue Western influence. The fact that Omar Khadr's case creates political and diplomatic discomfort, does not alter the fact the he does meet the UNICEF definition of a child soldier. Most child soldiers are kidnapped and coerced. Omar's fate is far worse: His 'kidnappers' are his own parents. Canada did not protect Omar from his parents though we should have. While lobbying for Omar Khadr's release into Canadian custody may not be a popular move - it is my opinion that a prime minister who undertakes do this - whould show himself not only to be extremely wise. This would create a path out of the polarization that appears to be growing in some parts of society. Reader commentaries on various news website commentaries currently spew with anti-Muslim sentiment.

Sup sup
said

Let's see, 50 released Gitmo inmates were later captured when trying to kill U.S. soldiers. Obviously they are not terrorists. Please.

Andy Hall
said

So the Tories waited until Obama announced he is closing the Gitmo torture factory before they decided to "reconsider" their position on Omar Khadr. I am a former Tory who is disgusted by the current Harper Tories. Do some research & you will find every other underage soldier captured from the Afghan invasion has been returned to their home country. I can't stand the Khadr's but Omar was child who has been held for years.

Kris D.
said

To the person who said, "Bush kept America safe for 7 years."

Yeah, the WORST TERRORIST ATTACK on US soil happend on BUSH'S WATCH.

Khadr deserves a fair trial in a just court. If he doesn't, then we're no better than those we claim to despise.

Stella
said

I admit I have never lived in a war zone, but what exactly is this boy's crime? His village was demolished by US machine gun fire. The medic entered the boy's house thinking everyone was dead and the kid threw a grenade at the medic. Isn't that what people do in war? Do all people who fight back against the American military end up being tried as a terrorist?

Danny Dinosaur
said

We should all remember this poem. It is easy to be against the Khadr family and it is a coward's way out. We all need to become aware of what is happening and what we are allowing to happen.

When the Nazis came for the communists,
I remained silent;
I was not a communist.

When they locked up the social democrats,
I remained silent;
I was not a social democrat.

When they came for the trade unionists,
I did not speak out;
I was not a trade unionist.

When they came for the Jews,
I remained silent;
I was not a Jew.

When they came for me,
there was no one left to speak out.

Laura Langstaff
said

Too bad the new conservative government was not capable of demonstrating capable leadership. Too bad they are only capable of following somebody else's good example. I wish our federal leadership was half as dynamic, inspired, and capable of true leadership as the republic south now has.

Sean
said

Look up section 46 in the CCC and tell me this guy did not commit treason against this country.

If you want him back here ask yourself this first, do you want this guy as your neighbor?

Peter
said

I just can't understand it. How can anyone think throwing someone into a prison for six years, with no way to contest his imprisonment, is either moral or just? What would you think of the morality of it if you were the one accused of being a terrorist and locked up for so long?

And for those who assume that because he's there he must be a terrorist, I have to ask: Is everyone who gets arrested and detained guilty? If so, why do we bother with trials? Why not let the police imprison whoever they think is guilty for however long they think that person deserves? Obviously, by your logic, the police (or military) are incapable of making mistakes and are fully qualified to play god with peoples' lives.

I won't even comment on those who defend torture.

I read the news and the comments here and there are days, and honestly there seems to be so many of them lately, that I just feel ashamed to call myself Canadian. Aren't we the country that helped draft the Universal Declaration of Human Rights, that time and again stood up for the oppressed around the world, that was never afraid to speak out against atrocity?

Or is that just a myth we tell ourselves so we don't have to look in the mirror?

Kneeguy
said

Stand trial in Canada! What for? His crimes were committed against the US Army. He should be tried there.

The bleeding heart libbies in Canada just want to pat him on the arm, say "there, there, it's OK now little boy" and send him on his way. His way back to Afghanistan to rejoin the his terrorist buddies and go kill some more Americans.

When will we learn to keep our noses out of other countries' business?

Greg
said

Hey Robbie, perhaps you should go and live in one of these countries that are so evil and backward since you obviously do not believe in due process. Keep ramping up the hyperbole trying to paint people as bleeding heart liberals simply because they advocate the values the western world is supposedly trying to protect. You must be Stephen Harper's publicist.

Every individual has the right to a trial to decide innocence or guilt. The travesty that is Guantanamo has usurped that right. I hope you're proud.

Lost Cause
said

Scott said "The sympathy that some feel for Khadr is a weakness that true terrorists count on. They play on it, and plan to defeat freedom loving countries like ours because of it."

If that's the best weapon true terrorists have to work with (trying to trick us into feeling sorry for them) then I don't see what it is you're living in such constant fear of, Scott. Are you expecting one day for a massive army of true terrorists to charge these shores with tragic facial expressions and hoist upon us such tales of personal woe that we all start weeping and handing our houses and property and societal controls over to them because we feel so sorry for them?

"True" terrorists are looking to try and make us feel sorry for them... LOL!!! Some of the comments out here are so ridiculous they almost make my brain hurt.

Get Khadr up here, and get him tried. Good the conservatives are at least playing a suck-up game to the USA that might help someone other than themselves for once.

Judy
said

Why should Khadr be tried in Afghanistan? He is charged with killing an American soldier. It is the Americans who have charged him, not the Afghan judiciary (just that it is). It is the Americans who moved him to American territory.
And those of you who believe the interrogators who have since seen their testimonies questioned and found suspect, should be questioning the validity of statements made under torture .
Minors are supposed to be protected from exploitation especially at the hands of their parents.
And like it or not a 15 year old is a minor.

Marcel
said

This is only the Conservative Government cozying up to the Obama Administration. Does anybody really believe if the Bush administration was still in office, that Mr. Harper would have changed his mind.

stan
said

Kadr is not a child soldier, he is nothing more than a terrorist, and should remain in a U.S. jail for the rest of his life.

John E
said

Flip, flop....., flip, flop......, is that a tory I hear, or the sound of an election campaign?

Bill in Montreal
said

Gitmo is a can of worms waiting to be opened. When they start moving detainees to US soil, and start trials there, I have a feeling that there will be more coming out about what went down not only in Guantanamo, but in Washinton too.
Not to mention, the scenario might dramatically change once the Bill of Rights is restored, and more critics domestically call for international law to apply, more than US military and/or domestic US law.
To think or say publicly that any terror suspects will be casually or arbitrarily cut loose on US soil is rediculous. These are people being tried for murder, and if the police rounded up a dozen suspects, and found only enough evidence to try one of them they would release all the other suspects that they didn't have enough evidence to prosecute.
There have been 7 long years to gather and collect evidence against them. And to suggest that the US could find Saddam Hussein in a literal "hole in the ground" after a few months, but no smoking gun evidence to bring against the large ammount of terror suspects detained in Guantanamo after years of searching is a direct insult to law enforcement agencies that are supposed to be protecting us from these same "terrorists".
If people are so sure that everyone there is guilty, why is there any concern about bringing them closer to the public eye to try them in a court of law for all to see?
For everyone in the US that lost someone in the war on terror, for them to be able to attend the trials of terror suspects allows for so much more closure than "something is happening somewhere to someone, but don't concern yourself with the details".

The Forgiving Country
said

As much as I feel compassion for Khadr, and understand that he was a child when he fought against the coalition in Afghanistan (and possibly killed an American). I think his passport and citizenship should be suspended and he be sent back to Afghanistan for trial. I'm sorry, but any person knowingly raising arms against Canadian peace keepers regardless of age must be held responsible & accountable for their actions. As with any civil system precedence needs to be set and this is a good opportunity. I am dead against providing safe haven to militants or terrorists. Why should I pay for all his legal and court costs with my tax dollars - No Way! Surely he will get a fair trial in the newly Westernized legal system in Afghanistan� Furthermore, if any immigrant or visitor to Canada on visa violates immigration rules they are immediately deported. Why should this case be any different?

EOM

PB in Mtl
said

Thanks everyone for not disappointing with the "talk is cheap", "action not words" cliches you just can't resist.

Let's see, it's lunch hour and already he's issued an order finally closing Gitmo, a travesty against human rights. What actions have made up your day, besides sniping and griping semi-anonymously on the Internet?

A Terrorist is no Canadian
said

We don't want him back he is a terrorist not a citizen, big difference.

When you choose to become a terrorist, your citizenship is revoke, stay in jail untill you are dead!

You are not welcome in Canada anymore!

BWM in Calgary
said

The liklyhood of the US being able to try the correct individual in any terrorism trial is so small as to be negligible.

Justice for ALL
said

Kevin in Oshawa:
How was Khadr FORCED back in the first place? He lived here in Canada. We didn't SEND him back to fight in a war that was NOT his! He killed someone and therefore should pay as any criminal would. At fifteen you know right from wrong - period. He should NOT be given special treatment, It would only show Canada as a WEAK country -

Lee in Calgary
said

Alex from Toronto, you do well to quote the Geneva conventions description of enemy combatants but your conclusions are wrong.

Mr. Khadhr is a Canadian citizen by birth. His family as I understand it also held Pakistani passports (I'm not sure if he did or just his parents) but he certainly did not hold the passport of Afghanistan. He was a Canadian fighing for a non-UN recognized government (the Taliban). He recieved his training at Al Qaeda training camps and was wounded at a compound that was occupied by fellow Al Qaeda fighters.

We can't have it both ways by saying he's Canadian and should be brought home and then suggesting he was milita and therefore deserves POW status.

It should also be pointed out that since 2002 all enemy combatants have received POW status treatment in the sense of accommodations, feeding and access to the International Red Cross/Crescent who have a permanent presence in Gitmo.

The Liberal governments of Chretien and Martin refused to interveen and the current Conservative government should continue its current path of non-intervention until the charges are dropped completely (if they are) or whatever trial is completed. Once that occurs I would have no problem with Mr. Kahdr serving his sentance in Kingston at a Federal prison.

Ryan in Burlington
said

Ok, so Gitmo closes...now where do you put them???

They are not American citizens and therefore shouldn't be tried by American laws, nor should they be put in American prisons sponging off American tax dollars.

They are not subject to the same rights that Americans have, why? Because they are NOT AMERICAN! They are not subject to the same rights and freedoms that Americans are as they are enemies of the Country. If I was American I would be mad at the thought of these men using MY tax dollars and MY Laws to plead their terrorism case.

What to do? Keep the military involved with military courts and military justice. Let's be realistic here folks, if the table were turned, you'd be lucky if there were trials.

Scott
said

The sympathy that some feel for Khadr is a weakness that true terrorists count on. They play on it, and plan to defeat freedom loving countries like ours because of it. He killed Soldiers that were fighting the war on terror. Canada should not only slam the door shut on Khadr, they should also get more aggressive on its search for other terrorists lurking in the dark corners of our country.

Stop feeling sorry for terrorists who start to cry when our (American & Canadian) soldiers capture them.

Yes American & Canadian, we are in it together�it is the only way.

Dave in NB
said

Read this article
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20060110/omar_khadr_background_061001/20060110/
Interesting how his father gets killed in a battle in Pakistan and his brother is wounded, so mom brings him to Canada for medicare. Its amazing that this family still lives in Canada.

Daniel - MTL
said

He is accused of KILLING an American soldier overseas and you all just want to willingly take this so called Canadian Citizen back into our country to waste our tax-payer's dollars?
It's not like they admitted to torturing him nor do I care that he was 15yrs old at the time.
Justice is Justice and I don't think anyone is any less of a terrorist because he's officially a Canadian citizen.
In fact, that's an insult to our nation and I think he should stay where he is.
Why do I want a war criminal walking freely on my streets?!?

Get over the "Human rights" band wagon and look at the true situation. Don't bomb anyone and you won't have to worry about an entire country's gov't coming after you or losing your constitutional rights.

Edmonton John
said

Some poop-head commented that Khadr fought 'against us', a concept I take exception to.

He certainly did not fight against Canadians per se, but I think what the writer was trying to say is that he fought, but not on the side of the west.

This smacks of the disgraced Bush tenet that 'you're either with us or against us'.

This is not the case. Khadr was involved in another struggle that did not involve the west. After 9/11 America went some 8,000km to bring the fight to the Taliban.

Khadr was caught up in this conflict and was in no position to do anything but maintain the course.

What the young man demonstrated was loyalty, courage and an incredibly tenacious grasp on survival.

What the prosecution has failed to demonstrate is how a young man, buried under rubble, having been shot three times in the back, having no experience in handling grenades, managed to lob one up and back at such a distance and with such accuracy as to intentionally kill an American soldier.

Of course I am sorry for the soldier and his family, as I am for the 4,000 others that have perished in Bush's foolish adventure, but that alone does not justify the suspension of justice, credibility, logic and humanity over this case.

Khadr must be brought home. No ifs ands or buts. It is disgraceful for Harper to even consider otherwise.

kate
said

Khadar's family obtained their citizenship by lying - they were associated with terrorists so it should have been revoked. It was so easy to get in under the Liberals, many shady types did and as soon as they are declared citizens they move back to their own country - secure in the knowledge that if a disaster or war strikes at home they can just come back to Canada and get taken care of..can you say Lebanon war? How many of them came crying back here after not living here for over 20 years and yet we spent tax payer money to rescue them, provide them with medical care and welfare until they can go back to their preferred country. I'm not against being compassionate however once you leave the country and live elsewhere for several years - you should have to reapply, after all they don't pay taxes here so why should they benefit when our own citizens are lining up at food banks?

DWR
said

Khadr must be held accountable for his actions. This man was very happy to find out that he had killed American soldiers, he would have been just as happy to kill Canadian soldiers. I say he should be tried accordingly he made the conscious decision to go to Afghanistan to do exactly what he is on trial for. Would we as Canadians be so protective of this man had he killed Canadian soldiers?

david
said

dangerous ground for lawyers and politicians with a lot of Canadians. Mr. Khadr and i use that term loosely, is exactly where he should be. If he has to be brought home, since he and his family despise Canada and the freedoms we provide them, Egypt would be an excellent choice.

Trudy
said

If he loved Afghanistan so much send him back there to be tried. Don't waste Canadian's money!!!!!

Robbie
said

Hey Greg - What 'fair and expeditious trial' did the family of the soldier he killed get. I don't care how old he was, his decision was to fight for the terrorists and he killed a soldier. What if that soldier was your son or daughter, I bet you would have a different opinion then. That soldier had a right to live and he chose to take it from him and his family. Canadian justice would be a joke. On the street in two weeks laughing at our justice system. Spare us your bleeding heart.

Marg.
said

Finally the injustices that are perpetuated at Gitmo are going to be looked at and each case evaluated and justice finally will prevail. How would all the nay sayers here like to rot in jail for 6 or more years without charges and a case being brought against you? It's one thing to be arrested, charged, go through the court trial and be found innocent or guilty but that never happened at Gitmo! The detainees have been held without charges being laid, without a trial, and tortured in the process in the name of what?
Shame on Harper and Canadians who would allow this to happen to any CHILD and yes, at 15 you are a child! I think this is a huge disgrace to Canada and our Prime Ministers for allowing such an injustice to happen. It's even worse that Harper allows it to continue given the information the US appointed lawyers have leaked to the press.

It would be nice to see Harper step up to the plate and request the return to Canadian soil of the ONLY western prisoner remaining at Gitmo! Somehow I don't think he has the fortitude to do the right thing in this instance and call the shot. He'd rather the Americans call the shot so then it can be their doing.

Jacqueline
said

I agree with Lane. The Khadr family was obviously willing to put their son in mortal danger in afghanistan fighting with/for terrorists. How are they being held accountable???

James in Red Deer
said

Khadr is a terrorist. Lock him up and throw away the key. He knew what he was doing.

Greg
said

What on earth are some of you people talking about? Guantanamo Bay is an atrocity and a blight on the American 'justice' system. It completely flies in the face of supposed American values that they are allegedly defending with the farce that is the war on terror. EVERY human being is entitled to a fair and expeditious trial and THAT is what is not happening here. This kid has been imprisoned for SEVEN YEARS. Wake up.

NOBODY is suggesting ANYWHERE that this individual or anyone else at this 'prison' be arbitrarily released. The fight is to allow them due process just like EVERY one of us is entitled too.

Some of you sound like Americans claiming our system is so much better and then conveniently ignoring that same system and the rights involved when it's convenient for you. Funny how similiar that seems to the countries America is at 'war' with.

Disgusting.

Gail (Hamilton)
said

If the US in closing this offshore prison, accepts trials in the US, it will tie up their legal system for sure. We, the general public, are not privy to all the "secret" information and never will be and I doubt the US will want to expose secrets to their enemies. Those worried about rights of terrorists are fooling themselves into thinking all will be well and safe. Sixty-one of those released so far have gone on to commit more terrorism. Remember how Kadr's father made a fool of ex-PM Chretien when he negotiated his release from Pakistan. Moral superiority does not come from judicial rights. Whatever happens caution can not be thrown to the wind, and each individual case must have a trial. These cases could still be tried by the military since they are the ones dealing with military combatants, and they too have prisons. This is not as easy as some would think and those who think the PM should just accept Kadr back are playing onesided politics.

Kevino
said

Lane made the most valid statement. He is not a "Soldier", under the Geneva Convention anyway. We can debate legalities all day but calling him a "Soldier" or treating as such is not right.

Bob in Toronto
said

"By the way......

Those in Gitmo are not even wanted by their own countries and over 60 whom were released from Gitmo went back to terrorism. "

Webstir -

You should know by now that that is a heaping pile of bull. There is NO EVIDENCE that that is the case. Those that have been 'cited' as fact are things like writing op-eds and commenting on news programs. That is NOT recidivism. That is speaking out about the atrocities they faced. The US gov't has said that once the detainee is released, they DO NOT KEEP TRACK OF THEM. This has been stated numerous times. If they do not track them, then how to they know they've gone 'back' to terrorism? They can't. First, if they've been released, they weren't a terrorist to begin with. Second, if their name pops up in connection to something, well...we already know that the terror watch list is useless at best...so, again, no dice there.

Try looking for facts before speaking out on things. 'Terrorists' aren't going to be released without due process, and the world will not be any less safe than it was before. Oh, and Bush keeping the country 'safe' for 7 years, yeah, they were fighting them "over there"...and they lost more people overall in those 7 years.

One last thing...the attack before was in 1993...8 years previous to 9/11 ...

I thrive on facts and valid information...I hope we can actually see some of it in the next 4 or 8 years!

Concerned Canadian
said

Webstir: you seem to be operating under a number of misunderstandings.
No one is suggesting that these "terrorists" are going to be released- many will be transfered to U.S. territory and tried there. Those for whom there exists insufficient evidence may be released, but isn't that appropriate? Or are these people guilty until proven innocent?

Since Mr. Obama has been in power for only one day, it is difficult to see how his administration can be labelled "passive" towards terrorism. Only time will tell.

As for George Bush keeping America safe for seven years, this too is something of a misunderstanding. The point of 9/11 was not merely to destroy targets in the U.S., but to lure America into a war in Afghanistan. If you recall, the USSR was brought down in part by its failed war there. Bin laden's plan was to have the U.S. enter into a protracted war, depleting its money and influence. This is exactly what happened, and Bush made that possible. Rather than hunt bin Laden, he chose to occupy both Afghanistan and Iraq, to America's humiliation. The existence of Guantonamo Bay only further erodes American democratic ideals, and can be counted as another victory for bin Laden.

Bin Laden's one attack has achieved all of his ends, and Bush's response has played right into his hands. Obama is now simply undoing the damage that Bush has done.

Frank Buchan (Vauxhall, Alberta by way of Ontario)
said

He and the world deserve a proper trial. Just releasing him into a country he abandoned to fight against, does not one any justice. It's a slap in the face to every dead Canadian trying to do the right thing in any conflict zone aroun dthe world. Obviously, if he isn't guilty, the trail should set him free and declare that fact. But if he is, I think at 15 he knew damn well what he was up to, and the possible consequences. If not, then he best be able to prove himself incompetent.

passed history class
said

There is more here about closing Gitmo than just terrorism. I have no great love for communism and think Castro's young idealsim which didn't manifest anywhere near as prettily as he imagines, but Gitmo exists because of a very lousy -- but legal -- deal the previous, greedy, corrupt government made with America. There was supposed to be payment very year in gold, which Cuba refuses to take. If you saw the workings of the deal, you'd agree Cuba got shafted and Cuba has been pushing to rescind and refund the deal for untold years. The U.S. of course, wont let go of the strategic military toehold. If it was us we'd be demanding the honourable thing from America. Closing it would refelct well on America in the eyes of many of its detractors. besides, with todays technology, its not as strategic as it used to be. American jets can get anywhere a boat from Cuba can.

Eagle Eye
said

This is what we call "BUYING LOAD OF TROUBLE".
Him and his family have been citizens of this nation but not faithful. Their oath to Canada & Queen is nothing but sham.

These people are hypocrites, they don't like the West but they like to live and enjoy the luxury the west has to offer.

Canada should take tough stand on this issue and send them back to their country of origin. We've more issues here than monitoring another terror suspect loose in this vast country.

M.E.
said

Herb... Surely you must know by now that CANADA DOES NOT DEFEND IT'S CITIZENS. Quite the opposite. You are left to defend yourself then afterwards you are free to sue the government.

Webstir
said

For the sake of our national security it is time to end the dual citizenship game and to get tough on issues such as this.

No loopholes,no leaniency.

The biggest mistake that is going to be made is closing Gitmo and releasing these enemy combatants and terrorists back into civilization.

It is our children and Grachildren whom are in clear and present danger by this new administration and its passiveness to terrorism.

No matter what you think of President Bush he kept America safe for 7 years.

Will this new President?
I think not.
God help us all.

By the way......

Those in Gitmo are not even wanted by their own countries and over 60 whom were released from Gitmo went back to terrorism.

Alexander M
said

The path may be clear to repatriate Khadr back to Canada but does anyone really think Stephen Harper is going to do that? Canada is the only nation that has made no effort to repatriate it's only citizen from Gitmo, and under a Harper government such inaction will no doubt continue.

Dave in Burnaby
said

I am very glad that Omar Khadr's military trial is being shut down. I really don't know whether he is guilty of the crimes he is accused of, but it looks very likely that his interrogations involved torture, and he needs to be transferred into a more legitimate legal process.

Sam
said

Michael in Ottawa, I just finished reading Dispersing the Fog. It sure opened my eyes and confirmed my belief as to who really is governing this country of ours. A must read for everyone!!!

Alex (Toronto)
said

Omar Khadr was born in Toronto and then taken by his parents into a war zone when he was a child.

If there is evidence that Khadr has done anything wrong, he's entitled to a fair trial, just like any other Canadian. Maybe he should be tried as an adult, I don't know. That's a decision for a legitimate legal system.

Guantanamo is a "gulag" because it exists outside the law. Prisoners are not entitled to the protections of US, Cuban, Canadian, Afghan, or any other legal system, which is a clear violation of the Geneva Conventions. International law defines "enemy combatants" as irregular forces operating out of uniform *outside their own country*. People who pick up a gun to defend the land they are living from foreign invaders in are called "militia", and are protected under the Second Amendment of the US constitution as well as laws of other countries.

Khadr should be tried or released. Being held indefinitely without trial is a violation of human rights and a stain on the legitimacy of the power that holds such prisoners.

Kevin D
said

I'm sorry but how does putting his trial on hold for another 4 months bring him closer to home? For all of you out there that are asking him to be brought home, this is not a good thing. He's now in limbo again. I don't necessarily want him brought back to Canada, but I think this person deserves his day in court, after 7 years he should be at least able to argue for his innocence or plead guilty.

Cathy
said

Unfortunately none of us writing know exactly what happened...so I guess we are suppose to practice...innocent until proven guilty.

I think the main issue here is that he is a Canadian...who chose to shoot at us and not with us...and now he wants the country he fought against to help him. No where in the papers have I seen it published that he wanted Canada to help him in not going there to fight.

Lane
said

Khadr was not a child soldier, because he was not a soldier. He was not part of any military organization, he had no rank or uniform, and was responsible to no identifiable and accountable chain of command. He did not fight for any country or government, and was not a citizen of the country in which he fought. He was also not abducted and forced to fight; rather, he fought alongside his family for what he was raised to believe in. Fighting and killing does not make one a soldier - it makes one a killer. Khadr is accused of murdering a U.S. Army medic in Afghanistan. His trial should have happened long ago, but that does not justify simply setting him free. Nor does it justify sending him to Canada. In my opinion, he should be tried in Afghanistan under that country's laws. Then Canada can request that he serve his sentence here - or not.

Robert Brise
said

Gitmo?
First of all what are the Americans doing occupying land in Cuba?
Thats like Canada building a prison in the Northwest Angle in Manitoba that is actually apart of Minnesota!

Clay
said

Kevin in Oshawa, is that how it happened? How did you get that information? I was under the impression that the details around this case were not available to the public.

Dick Varley
said

This is a prudent position taken by Obama. He will most likely be able to meet and talk with Stephen Harper in the 120 day time frame and then jointly reach a satifactory conclusion to this case which has been a thorn in the side of most everyone.

C
said

Is Khadr innocent or guilty? I don't know, nor does anyone else writing here - surely that's the point of having a trial during which he can bring evidence to bear for his defense, and the prosecution can bring evidence to bear against him. To argue that "we're sick and tired of hearing about his case" violates the basic principles of fundamental justice, i.e.: that everyone accused of a crime has a right to trial by his peers following due process. So far neither he nor anyone else at Gitmo has had recourse to those fundamental principles, and until they do, we must all "keep on hearing about it" to ensure that justice is done.
How will this improve the reputation of the United States internationally? I would have thought this was obvious: the U.S. claims to be seeking to impose democratic ideals in the Middle East. Nothing else could be a moral basis for the war in Iraq. Never mind that this rationalization was brought forward only after the fact; never mind that there were no WMD.

No. If the U.S. can claim any moral authority internationally following this ill conceived, poorly executed, and ultimately futile invasion, it can only be on the basis that they are operating from a higher moral level than the terrorists they wish to oppose.

But if they expunge the very principles of democracy that they claim to be championing, then their moral argument too has been abandoned, and the U.S. can make no ethical defensible argument for their actions in Iraq or elsewhere. This "liberal" argument is really an argument for logical and ethical consistency.

We do not defend democracy by abandoning it. Those who do have already lost to the terrorists.

Kevin in Oshawa
said

Imagine you were 15 and from the middle east and hauled off back to be forced into a child military. If someone who was brash shoved a gun in your hand and told you to shoot, would you shoot? Imagine that person like a drill sergeant yelling in your face to shoot your rifle, would you shoot? All the psychological stress on a FIFTEEN YEAR OLD BOY would break him when the same techniques are used by the USMC, etc.. to train their soldiers.

PJR
said

Good to know that the new American administration is doing more to safeguard Khadr's rights than his own government. I remain astonished at how little the Canadian authorities have cared that a 15 YEAR OLD citizen was arrested, imprisoned without charge for several years and subject to torture in one of the world's most notorious torture facilities. Then again, given Canada's total and utter lack of foreign policy maybe I shouldn't be surprised.

Bob in Toronto
said

If anyone actually cared enough to look at the so called evidence and other information that his lawyer has released through the media, it's clear that the circumstances surrounding what actually happened will never be known.

The plan now seems to be to wait until they can figure out what to do with the detainee's. Shutting down Gitmo does NOT mean a free pass to these people. All those who have credible evidence against them will stand trial, likely in the US itself. Setting up a extra-judiciary site 'outside' of the control of the US (IE GITMO) will never have 'justice' served.

Oh, and it doesn't matter who he knows, or who his family knows. He WAS a child at the time. His motives and intent actually play no part. His age alone determines whether he was fighting 'against his will' under international law.

Herb
said

It amazes me to see how many people accept "rights" as negotiable. Either Canada defends its citizens or it doesn't--you can't have it both ways.

Sick of Bleeding Hearts
said

I am sick of hearing about Khadr...he fought against us which should preclude him from Canadian citizenship.

STOP WRITING ABOUT HIM!

Doug Ontario
said

There is an American military justice system at play here and the problem is how that squares with American civil justice, especially on American soil when the country is not at war. However, the knee-jerk reaction to bring Khadr home to face trial makes no more sense than this country trying any Canadian under another country's laws. I will not lose one second of sleep worryong about Khadr's rights or the penalty if he is convicted of a crime.

Michael in Ottawa
said

The Maher Arar story was never told and there was a cover up. "Dispersing the Fog - Inside the Secret World of Ottawa and the RCMP" by Paul Palango details many of the untold details surrounding Mr. Arar and the terrorist networks working in Canada, its a must read for all Canadians.

Members of the Khadr family were/are connected directly to Bin Laden and in my opinion should have their citizenship revoked.

Michelle
said

James, Amen to that!

James
said

Finally, the charade of justice at Gitmo has been confirmed by the highest office in the U.S. I now believe that Khadr has a very good chance of finding true justice in Canada. Bring Khadr home.