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Contentious Khadr trial set to begin at Guantanamo
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CTV.ca News Staff
Date: Sun. Aug. 8 2010 5:45 PM ET
Omar Khadr's trial is set to begin in Guantanamo Bay, Cuba, eight years after the Toronto native was taken into custody by U.S. troops in Afghanistan.
Starting Monday, the court will hear a number of pretrial motions from Khadr's Pentagon-appointed defence lawyer, Lt. Col. Jon Jackson. The first is a request to have incriminating statements by Khadr deemed inadmissible in court, on the grounds they were attained through torture or abuse.
Prosecutors say Khadr has been treated properly during his eight-year incarceration. They also oppose a defence motion to make security in the courtroom less visible. Jackson has argued that an eye-catching security presence will make Khadr appear dangerous and lead the jury to infer he may be guilty.
A separate defence motion asks that Khadr be given a three-for-one sentencing credit because he allegedly suffered "illegal punishment" at the hands of U.S. authorities.
Khadr was severely wounded when he was taken into custody by American troops at age 15, following a firefight in Afghanistan. He is accused of throwing a grenade that killed a U.S. soldier and faces several charges of war crimes.
The trial is the first of its kind under the Obama administration. It comes 19 months after U.S. President Barack Obama pledged to close the Guantanamo Bay prison, and to end the controversial military commission process.
Khadr faces the prospect of life in prison. Experts for both the defence and prosecution are expected to testify to Khadr's mental health during the proceedings. A jury of military officers will decide his fate.
Among critics of the case, Khadr has come to be known as the first "child soldier" to be prosecuted in modern times. United Nations agencies and human-rights groups have argued the trial could set an undesirable precedent because child soldiers deserve special legal protection and rehabilitation.
Khadr has called his trial a "sham" and fired his American civilian lawyers. He also declined a plea deal that would have left him with five more years to serve in prison.
On Friday, the U.S. Supreme Court refused to stay Khadr's trial, after the defence argued that the U.S. Military Commission Act has not been properly tested by the country's court system.
North of the border, the Conservatives have faced criticism for refusing demands by opposition parties and legal groups to lobby for the repatriation of Khadr, who is a Canadian citizen.
With files from The Canadian Press
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