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Judge orders release of Khadr interrogation video

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Canada AM: Judge says human rights laws broken

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CTV.ca News Staff

Date: Thu. Jun. 26 2008 8:47 AM ET

Videotaped footage of interviews by Canadian officials with Omar Khadr must be released to his defence team, a Federal Court of Canada judge has ruled.

The interviews were conducted over four days in February 2003 at Guantanamo Bay.

Khadr's lawyers claim the videotapes will assist them because "unclassified summaries and open source information" indicate their client is seen crying and asking Canadian officials for help on the tape.

He also apparently tells them that he had been tortured and shows them the scars left by his injuries.

"I will refrain from commenting on what the tapes reveal. However, I am satisfied that any content that may tend to support the applicant's allegations is relevant and should be disclosed to the applicant and his counsel for the purpose of his defence to the criminal charges," Judge Richard Mosley said in his ruling released late Wednesday.

Khadr was also interviewed by Canadian officials in September 2003 and March 2004. However, Mosley said he only has evidence that Canadian officials have recordings of the February 2003 interviews.

Last month, the Supreme Court of Canada ruled that Khadr has a constitutional right to material related to interviews conducted by Canadian officials at Guantanamo Bay.

But the ruling allows the government to object to releasing some documents for national security reasons.

It was up to Mosely to determine what materials Ottawa must release.

Khadr was captured in 2002 following a firefight with U.S. Special Forces. He was taken to Afghanistan by his father, who had ties to al Qaeda and was killed in Pakistan in 2003. The Pentagon maintains Khadr threw a grenade during the fight, killing a U.S. soldier.

Human rights laws broken

Mosely also ruled that the U.S. military's treatment of Khadr, a Canadian citizen, violated international laws against torture.

The judge said the way the military prepared Khadr for interrogation sessions with visiting Canadian officials broke human rights laws, including the Geneva Conventions.

Khadr's treatment is described in a U.S. military document outlining "steps taken by the Guantanamo authorities to prepare the applicant for the Canadian visit" in March 2004.

Mosley, who did not reveal the technique used on Khadr, said the document should be made public because it is relevant to Khadr's allegations that he was mistreated while in U.S. custody.

Mosley also said Wednesday that Canada was not an innocent player in Khadr's mistreatment.

The federal judge said Canada "became implicated" when the Canadian interrogator met Khadr despite having knowledge of the efforts to prime the prisoner.

Dennis Edney, one of Khadr's lawyers, said the court's decision was a "resounding stain" on the federal government.

"This is a credible decision, it's the first court to have seen evidence to suggest that a detainee such as Omar Khadr was tortured by the Americans and it also for the first time directly implicates Canada in torture as well,'' he said in an interview from Vancouver.

"I'm happy when I see that governments are being made to be accountable for their abuses.''

Edney said once he receives the documents he will then decide if they'll be released to the media.

"This decision clearly indicates that Canada was well aware of the treatment Omar Khadr received and denied that by saying that they had always been told by the Americans that he would be treated well. They knew the exact opposite,'' Edney said.

Mosley's ruling also states that "U.S. authorities were interested in having Canada consider whether Khadr could be prosecuted here (in Canada) and provided details about the evidence against him to Canadian officials for that purpose."

Nathan Whitling, a lawyer for Khadr, told The Globe and Mail that the ruling shows that U.S. authorities were trying to return Khadr to Canada to be tried but Canada "refused to allow his return to his country of citizenship."

With files from The Canadian Press

Comments are now closed for this story

slgk
said

If by showing the footage answers questions by all means it should be shown.


Mike Webster
said

Bleeding heart judges and so-called "Human Rights" groups are going to be the death of us. Who, beyond those groups with an agenda, truly gives a tinker's damn about Khadr or any other terrorist captured fighting against our troops? I sure as hell don't and I can't say that I know anyone who does. People need to drop the fantasy that he's a "child soldier". He isn't a child and he most certainly is not now, nor has he ever been a soldier. Soldiers are professionals who wear a uniform and fight with honour and respect the laws of war. Terrorists do nothing of the sort. I wish these groups cared even half as much about our troops as they do about our enemies.

Doug
said

Mike, our troops would be the first to demand that this fellow receive a fair trial. Surely if you claim to be so extreme in your support of our troops, you will support what they are indeed fighting for. Failure to connect these dots puts you squarely in the terrorist's camp.


Yuri
said

Once again the Canadian government displays a lack of backbone and the US government continues to deepen itself as a total police state. Modern day Nazis under the guise of freedom. Right!!


K. McEwan
said

Re: Mike Webster's comment "Soldiers are professionals who fight with honor and respect the laws of war"...What a ludicrous statement, considering the whole US military is fighting an illegal war in Iraq, which most of the civilized world wanted no part of.


Wow
said

Thank you Doug - you expressed that beautifully.

Mike - A 15 year old is a child - by law. Arguing that he shouldn't be considered one anymore because he has been incarcerated past the age of majority is absurd. Read. Think. Learn.


C.Rouget
said

The use of torture is totally unacceptable in a civilized society.The definition of Khadr as a terrorist is false.He was combating in Afghanistan and not setting bombs in USA.It is customary now to qualify as terrorist any person opposing the USA and forgetting that that country is responsible for the death of millions of people.

DWB
said

The media is more sympathetic to accused terrorists than it is in defending free speech (a Canadian value) violations by so-called human rights commissions.

A vast number of Canadians know what our media elites won't admit. There is a growing part of our population that has, not just a religious allegiance to Islam, but also a political one that takes priority when they conflict with indigenous Canadian values.


Eleanor
said

If countries do not stand by the laws of the geneva convention well this sends out a message that its quite ok to torture.
We do not have to stoop to the level of these
terrorists!


Shan-David
said

Mike Webster - "Soldiers are professionals who wear a uniform and fight with honour and respect the laws of war." Doesn't that mean that they MUST respect the Geneva Convention, especially on torture? This war is a war of ideology, we are trying to proove to these nations that our way of life is better than what Al Quaeda proposes. If we torture people, whoever it is, we loose this war. Respecting the laws in this case helps us win, doesn't help AlQaeda recruit more soldiers and makes the population like us.


Steve
said

Either as a society we believe in rule of law or we don't. It is not something that can be turned on and off based on public outcry or emotion. It is absolutely irrelevant whether Khadr or any other "terrorist" doesn't fight by the rules. It is during times of crisis when laws and rights matter most including the rights of those opposed to us. If we do not subscribe to these ideas then we are no better than the terrorists. Besides, we win the war on terror by fighting it based on the strengths and values of our way of life. Fighting it by their values is a victory for their way of life.

Obviously some people can't get past their emotions and would prefer to have a show trial. Stalin, Hitler, and Saddam would applaud you.




Doug
said

So a Canadian judge has inserted himself into the American military justice system on the basis os very limited selective evidence. Since he used the words "should be disclosed", not "must be disclosed", I don't suppose the Americans are shaking in their boots. Now we just have to wait for the collective hand-wringing for this poor misunderstood youth. I wonder if Louise Arbour's UN job is still open. The poor misguided Palestinian terrorists could use some more sympathy and intervention.


Earl Robert
said

re: Mike Webster, your right one.
re: K. McEwin, your comment "the whole US miliary is fighting an illegal war in Iraq", when you keep repeating those lies your hoping that people will start to believe you. You are the one that makes ludicrous statements.


E. Maclachlan
said

Excuse me! He was a child forced to go to with his father to a foreign country. There is strong evidence that he was "framed" by an American soldier who has already been found guilt and sentenced. Ethically we should all be ashamed by this blatant disregard for "basic human rights" by the Government of Canada. Whatever happened to the "Year of the Child"? His own family failed to protect him and the Government of Canada basically "doesn't even care"! Disgraceful! Inhuman! The Government is believing "lies" from this victim's torturers. I thought he was protected by the Constitution of Canada. I thought all Canadians were protected, but I guess that is just another "scam". Whatever happened to "presumed innocent until proven in a court of law"? Of course, if the "lawful proceedings are crooked" then there can be no "real justice", just a "travisty of justice". For shame! Canada Day is close - what a joke!


Mike Webster
said

You people harping about the Geneva Conventions should do your homework - they don't apply to terrorists or other unlawful combatants. They apply to soldiers who are members of lawful, recognized military forces. Included among the provisions of those laws is the stipulation that in order to be entitled to the protections they offer, you must obey those laws yourselves. As far as I know, tricking little boys and mentally challeneged women into becoming suicide bombers, beheading captured opposing troops and intentionally targeting civilians are clear violations of those laws. As much as the bleeding hearts among us would like to pretend that terrorists are as deserving of protection as our soldiers, they are neither legally nor, by virtue of their behavior, morally entitled to it.


james
said

Mike Webster: "soldiers are professionals ...fight with honour and respect of laws of war".

Like the CF in Somalia? Like the Americans in Vietnam and Abu Gharib prison in Iraq? Like the "collateral" damage of 640,000 Iraqi women, children, and elderly in Iraq? (John Hopkins University study)

"He isn't a child.."

A 15 year old isn't a child? According to international law, which Canada has signed on to, he is.

As the saying goes "one person's terrorist is another's freedom fighter".

Thank goodness for judges and human rights groups who see through this facade of "support the troops" as an answer for this and other atrocities.

It is despicable that we are allied with a nation that tortures ... particularly children. These videos appear to reveal the truth of the modern day Gulag in Cuba.



Mark in Campbellford
said

We don't have categories of citizenship. Either you are a citizen or you aren't, and if you are, you should be able to count of the full weight of the government to protect your interests should you find yourself in custody on foreign soil. Only if the government shows itself willing to go to the wall for the most unpopular cases can I be assured that they'll have my back as well. Given what's been revealed so far, I wonder if my passport is worth the paper it's printed on. Thankfully at least, I can still rely on an independent judiciary.


Cathie
said

OMG to E Machlachlan no one was framed and no US solider has been sentenced with this event.

When you leave Canada your rights stop at the border.

The long arm of any nation rarely extends that far.

The fed judge is order the Canadian govt to do something but it will not help his case. The US military judge can refuse to use the info. and this is military courts.

Come on Canada get some facts. Real facts. Go to the US military tribunal commission website. Press releases with actual transcripts are there for the world to see.

Canada has already admitted they do not want Khadr back.

Joe Almeida
said

To Mike Webster:

Who made the determination that Khadr was a full-fledged terrorist? Did a court of law with admissible evidence? No. The US military has accused Khadr of that. The fact the Khadr was even involved in the fighting is in dispute. So where is the due process that exists for Khadr to determine the facts? That due process doesn't exist. The US has not made a proper determination and is afraid to bring Khadr on US soil because the government would be forced to declare who Khadr is in terms of legal standing. The US Supreme court ruled on that, and now a Federal Court has found the Canadian government complicit with actions againsts in own citizens that are not up to it's responsibilities. This has nothing to do with "bleeding heart judges" - it has everything to do with due process and the rule of law - and the US along with Canada have violated both. When that happens, neither accused terrorist, government, soldiers, or citizens can truly speak of honour or respect.


PG
said

Mike Webster's comments sadden me because it is evident that we have not evolved to the point where we can solve the world's problems (which are increasing exponetially every day), with people like him dragging us back to the stone age. It is not about who has the bigger club and who is in a better position morally to inflict the torture, it is about solving the hopelessness, poverty and unemployment that leads to the ideology that attracts terrorists. If we had dropped food, medicines and books in Afghanistan in 2002, instead of bombs that looked like food or bombing wedding parties (remember that??), we would probably have finished our mission there by now. To win the war, you have to win the peoples' hearts and sorry, Mike, but there is blood pumping through all of ours. What do you have in yours, ice?


Joe
said

It amazes me that a person who goes to his home land to fight on the side of a terrorist organization is still looking for Canada, his second country to bail him out. He knew what the Taliban was, as his family was heavenly rooted in the organization. He was not a child soldier but a terrorist like his father. As a Canadain, you can't put what our children are like to those in Afghanistan. They have to grow up faster to be able to survive. He knew what he was doing and should not look for Canada to get him out. He returned to fight , just like the American who was captured, and was tried for treason. If he is released back into Canada, he will revenge his fathers death, his family's plight and do what he can to start a cell here to continue with his Taliban brothers cause. As for being tortured, they are told to say that, just so they can get sympathy from bleeding hearts, as our society has lots of.


Gary Patterson
said

I find it slightly absurd that a country, founded on a terrorist rebellion where they fought hiding behind trees, and not in uniform cannot understand the difference between a terrorist and as the Americans would say, Freedom Fighter.

Afghanistan and Iraq were both invaded by the United States illegally and anyone who opposed the invasion was classified as a terrorist.

In Kadhr's case he was the only survivor of an encampment that the Americans bombed. He suffered shrapnel injuries to his head and was unable to see. He was shot in the back by a special forces member not dressed in uniform.

I guess the fifteen year old should have done his duty and just stood up and be shot.

The Americans will surely invite all the right wing nuts and criminals into their military to fight their wars, as they already do.


Colin Chiswell
said

Yari, If you think we are heading for a Police state, you are right. We have been copying US policies and now have Bill C-51 in process that reads like a Police State Manual. This needs our attention before it becomes another common government ploy to once more skirt the courts.



ARJAY
said

Just a quick question for Mike Webster- if 15 isn't young enough, at what point would you say we should stop torturing children? Are you OK to torture 12 year olds? Eight? Four? Do you have any ethical qualms about torture at all?

As far as the uniform is concerned, does his lack of uniform mean he's a terrorist, or does it also mean he might not have been involved at all? How do we separate innocent people from the terrorists without a trial? And if the States is torturing children and refusing to give them trials, is this what you think makes us superior to the terrorists?

Please explain your position in more detail Mike.


Robert in Toronto
said

What value does the tape have? Simple - it may provide proof that the United States government engages in the use of the same torture and abuses that it declares are 'inhumane' and 'undemocratic' when applied by countries it does not like.

The fact that the Canadian representative knew of this abuse, and consented to it, and did not object places us as accessories.

Canada has long been held up as an example of democracy in action - human rights, dignity, observance of the law. It's so interesting that everyone went to the assistance of the woman in Mexico accused (and convicted) of fraud, and brought her back to Canada immediately (a process that usually takes up to 6 months) while we deny that same support to this individual, who has been held for 4 or 5 years solely on an accusation.

Had the charge not been one of terrorism (and boy, can we make use of that term today to cover a multitude of sins), everyone would have been up in arms over the way this individual had been treated.

Play the tape on CTV news - in its entirety - lets everyone see what's on it and see if the American's hands are as clean and pure as they claim, or let's see if they wallow in the mud with the rest of the terrorist nations that they attack every chance they can get.


Kevin in Toronto
said

The fact that he was 15 at the time of the event is the ONLY reason Canada has any responsibility to help Khadr.

He is Canadian and he was underage at the time. We cannot decide to obey our own laws when it's convenient.

If he had been 18 at the time of the event, I'd say too bad.


ance
said

a fair an unbiased judicial process is a cornerstone of democracy...

if the western democracies that are desperately trying to influence unstable areas of the world do not follow these rules then lets forget everything and come home...


MJES
said

I am from the US and have felt that we are and had always been involved in an unconstitutional war and that our treatment of any person is to be securely anchored to our bedrock principles, which they have not been, not with respect to detainees or overreaching survellience.

Know that I am ashamed but with a resolve to stand and be counted. Our government has lost its way to be sure but for the most part our people have not. The world may not hear us, (average joe citizen) as we are drowned out by a manipulated mainstream press (for the most part) - And we, middle America, are too cut off from the voices of the world and the stories of the world.

It is important that you keep speaking loudly no matter your position and hopefully we can turn to the sound on a responsible internet, for mutual direct dialogs and cut out our one-sided media outlets such as Fox and CNN.

We are not lost but a bit locked away like children who have been grounded.

We have an important decision to make this year and to have Canada, Europe, Africa, Asia, South America &c… chime in with some insights and support may be more valuable than any summit or the ramblings on from our US G8 representatives. Grass roots communications are imperative, more direct, and perhaps if handled responsibly and respectfully more educational.

I am amazed at how cutoff we are…. like the concert singer I scream out to the crowd , I can’t hear you….



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