OMAR KHADR: Was he really a
terrorist? (Part Five)
I have participated in the debates in United Nations conferences around
the world on the subject of terrorism and after listening to the comments of
the experts and other conferees on this subject, I have become knowledgeable to
some degree on terrorism and terrorists.
There are six activities that can be classed as acts of terrorism. They
are:
1. Financing terrorist
organizations.
2. Assisting terrorists in any
capacity such as providing food and shelter, transportation,
ammunition, guns, bomb-making parts, along with communications
equipment, , etc.
3. Advocating acts of terrorism and soliciting citizens to join terrorist organizations.
4. Raping
and murdering unarmed citizens.
5. Spying for terrorists.
6. Making road-side bombs (improvised
explosive device).
It is my honest opinion that the only acts of terrorism that Omar Khadr
actually committed is that he did make road-side bombs (IEDs) and planted them
on the roads. I say this because I have seen the video of him making these bombs
and planting them on roads. There is no
doubt in my mind that he really knew what these bombs were intended for. What I
don’t know is if any of these bombs actually injured or killed anyone. It is highly unlikely that anyone can answer
that question.
Let me be very clear on one aspect of the Omar Khadr matter. It is my honest
opinion that even if that 15-year-old boy threw the grenade that killed the
American soldier and seriously injured a second soldier, that particular act wasn’t
an act of terrorism. He was defending himself from Americans who had attacked
his village.
Imagine if you will that you are living in a small village and suddenly
rockets and bombs hit the houses of village and villagers are dying all around
you and you want to escape the village so you run to a wall that separates you
and soldiers coming to kill those people who are still alive. You see a grenade
near you and you pick it up and throw it over the wall to stop the soldiers you
believe intend to kill you. What would you do?
As a 15-year-old having been told that the American soldiers are going
to kill everyone in the village and villagers are dying from the explosions,
would you believe that the oncoming soldiers won’t shoot you? Well in fact this 15-year-old boy was actually
shot once in the chest and while crawling away from the wall, he was shot twice
in his back. His fears and beliefs were valid.
If he did throw the grenade over the wall, he did it as a child soldier
fighting for his life. Does that make him a terrorist? I hardly think so
notwithstanding that he hated Americans per se.
Suppose no grenade was thrown over the wall and the soldiers saw the
15-year-old child crawling away from the wall—would he still would have been
shot and later captured and sent to the American military prison at Guantánamo Bay in
Cuba as a suspected terrorist. After all, that is why the village was bombed. The
American military believed that it was full of terrorists. Omar was treated as
a terrorist from the moment just prior to him being shot and thereafter.
I have not seen any proof that he did or didn’t throw the grenade over
the wall. Omar Khadr told his interrogators that he didn’t know if he actually
threw the grenade over the wall.
Now that remark may seem suspicious but it is a known fact that in the
fog of war, events can be so tense, many such events are blocked from a
soldier’s mind and can never be recovered. Further, Omar was being abused prior
to and after the questioning, For three weeks prior to a Canadian visit by Canadian
intelligence officers, the American
guards deprived Khadr of sleep, moving him to a new cell every
three hours for 21 days in order to `make him more amenable and willing to
talk"
Such treatment could have easily confused the 15-year-old boy soldier during
his interrogation. In
November 2004, following a meeting with his attorneys, Khadr was interrogated
for four days about what he had discussed with his defence lawyers. That demand
was an illegal demand being made. What was discussed between Omar and his
attorney is privileged. Omar has said that during this time, interrogators used
"extreme physical force" and refused to allow him to say his daily prayers. During the visit with his lawyers, they had administered a
psychological questionnaire known as the “Mini–mental
state examination” which they later gave to Dr. Eric Trupin, an expert in the
developmental psychology of juveniles in confinement. Trupin stated that Khadr
was suffering from “delusions and hallucinations, suicidal behaviour and
intense paranoia, and that his abuse had left him particularly susceptible to
mental coercion.”
On November 7th, 2005,
Omar Khadr was formally charged with murder by an unprivileged belligerent (an unlawful combatant), attempted murder by an unprivileged
belligerent, aiding the enemy and conspiracy with Osama bin Laden, Ayman al Zawahiri, Sayeed al Masri, Muhammed Atef,
al-Adel, Ahmed Khadr (Omar’s father) and various other members of the al Qaida
organization.”
As I mentioned in the
previous article, a plea deal was made to this young man who was by then an
adult. According to the plea deal, to the Instead of serving another forty
years in prison, he would only serve one year in U.S. custody and serve the
remaining seven years in a Canadian prison.
Part of the deal was that he was to plead guilty to
murder, attempted murder, providing material support for terrorism, spying and
conspiracy. He agreed to the terms of the deal. I should also mention that both
his conviction and
sentence were widely denounced by civil rights groups, as well as the United Nations.
If you go to my previous article on Omar Khadr, you will see how he
served his sentence in Canada.
And now, I will tell you about the extremely contentious issue of this
now thirty-year-old man being given $10.5 million dollars and an official
apology from the government of Canada.
Layne Morris and Tabitha Speer,
Christopher Speer's widow, both represented by Donald Winder, filed
a civil suit against the estate of the
deceased Ahmed Khadr, claiming that the father's
failure to control his son resulted in the loss of Speer's life and Morris'right
eye.
Since United States law does not
allow civil lawsuits against acts of war,
Speer and Morris relied on their lawyer’s argument that when Omar Khadr' threw
the grenade over the wall, it was an act of terrorism, rather than an act of war. In
February 2006, the Utah District Court Judge Paul Cassell awarded the plaintiffs
$102.6 million in damages, $94 million to Speer and $8 million
to Morris. The judge said it was likely the first time terrorist acts had
resulted in civil liabilities. It had been suggested that the plaintiffs might
collect funds via the U.S. Terrorism Risk Insurance Act, but the Federal government is not bound by civil
rulings, and the court had refused to
release Khadr's frozen assets, whatever they may be.
In 2014, Layne Morris and Tabitha
Speer filed a wrongful death and injury lawsuit against Omar Khadr. In 2015, a
Utah judge granted them a $134 million default judgment after Khadr did not respond
to the suit.
Not responding to the claim that was served on him was really stupid. After being served with the claim, he refused to file a defence because he didn't want to deal with the issue while he was still in jail. I don’t know why Omar Khadr’s lawyer didn’t respond to the claim by filing a defence on his client's behalf. Was the lawyer even aware that the civil claim had been filed against his client?
In 2017, Morris and Speer filed an application in an Ontario Superior Court to make the judgment enforceable in Canada. The application has not yet been heard.
Not responding to the claim that was served on him was really stupid. After being served with the claim, he refused to file a defence because he didn't want to deal with the issue while he was still in jail. I don’t know why Omar Khadr’s lawyer didn’t respond to the claim by filing a defence on his client's behalf. Was the lawyer even aware that the civil claim had been filed against his client?
In 2017, Morris and Speer filed an application in an Ontario Superior Court to make the judgment enforceable in Canada. The application has not yet been heard.
What the Canadian court has to decide is whether or not it will permit
Omar to file a defence to the claims. From my observations in courts when I was
practicing law, it is a common practice in courts to not permit a defendant to file
a defence if the defendant had no valid excuse for not filing the defence in
the first place.
Many years ago when I was a process server, I received permission from a
Texas civil court to serve a man’s secretary in his office since he wasn’t
in his office when I made three previous attempts. He didn’t file a defence.
Judgment was signed against him. I finally met him in his office to officially
inform him that the judgment had been passed onto the Ontario Superior Court
for enforcement. He was shocked. He said
that he never received the claim. I told him that I gave it to his secretary. Apparently,
she didn’t give it to him. He immediately fired his secretary and applied to
the Texas court for permission to file a defence. His request was denied and he
then had a judgement against him for over a million dollars.
If Omar is given leave to file a defence, his lawyer may ask for a delay
in filing a defence until the Court in Washington D.C. has ruled whether or not
the verdict of the military court will be overturned in its entirety.
I don’t think his plea will be held against him considering the threat
of forty years in the military prison at Guantánamo Bay induced him to plead guilty
to the charges laid against him—charges that may not be valid.
Was the payment of $10.5
million justified?
Wikileaks Cablegate disclosures in 2010 revealed that
the Canadian government had originally decided against seeking Khadr's
repatriation, a decision supported by the American government. This made it
"politically impossible to repatriate Omar back to Canada. That meant that
he would be submitted to more physical and mental abuses.
An official from the Canadian Security Intelligence Service (CSIS) was allowed to
interrogate Khadr. For three weeks prior to that particular Canadian visit, the
US guards deprived Khadr of sleep by moving him to a new cell every
three hours for 21 days in order to “make him more amenable and willing to talk.”
Omar recalls being kicked for
trying to stretch his arms while shackled and being fitted with surgical masks, painted-over goggles and ear protectors for sensory deprivation.
In the
early spring of 2003, Khadr was told “Your life is in my hands” by a military
interrogator, who spat on him, tore out some of his hair and threatened to send
him to a country that would torture him more thoroughly, making specific
reference to an Egyptian called Askri Raqm Tisa (Soldier Number Nine) who enjoyed
raping young prisoners.
A few weeks later, an interrogator
giving his name as Izmarai spoke to Omar in Pashto, (the language he was competent
in) threatening to send him to a new prison at Bagram Airbase where they like small boys.
Omar had been reported to have
been kept in solitary
confinement for long periods of time; to have been denied adequate
medical treatment; to have been subjected to short shackling, and left bound, in
uncomfortable stress positions until he soiled himself.
Khadr's lawyers allege that in in
March 2003, his interrogators dragged him back and forth in a mixture of his
urine and pine oil" and did not provide a change of clothes for two
days.
At the end of March 2003, Omar was
upgraded to "Level Four" security, and transferred to solitary
confinement in a windowless and empty cell for the month of April.
In November 2004, following a
meeting with his attorneys, Khadr was interrogated for four days about what he
had discussed with his defence lawyers. He has said that during this time,
interrogators used "extreme physical force" and refused to allow him
to say his daily prayers.
Omar stated that he was refused
pain medication for his wounds, that he had his hands tied above a door frame
for hours, had cold water thrown on him, had a bag placed over his head and was
threatened with military dogs, was farted in his face and forced to carry 5-gallon pails of water to
aggravate his shoulder wound. Further, on occasions, he was not allowed to use
a washroom so he was forced to urinate on himself.
This kind of conduct conducted against this then young child by his American
captors is against the dictates of the United
Nations Standard Minimum Rules on the Administration of Juvenile Justice in
which I am the precursor of those UN Rules. Further, the America delegation in
the UN Congress held in Caracas in 1980, immediately adopted my proposal to the
Congress and subsequently, the American delegation was instrumental in bringing
the Rules into fruition.
Further, the
abuses he suffered under the auspices of the military, is against the United Nations Standard Minimum
Rules for the Treatment of Prisoners in
which Rule 1 states that all prisoners shall be treated with
the respect due to their inherent dignity and value as human beings. No
prisoner shall be subjected to, and all prisoners shall be protected from,
torture and other cruel, inhuman or degrading treatment or punishment.
In 2008, the Supreme Court of Canada ruled
that those procedures in place at Guantanamo Bay constituted a clear violation
of Canada’s international human rights obligations, and, under s. 7 of the Canadian
Charter of Rights and Freedoms, ( Everyone
has the right to life, liberty and security of the person and the right not to
be deprived thereof except in accordance with the principles of fundamental
justice.)
By then, Omar was suffering from
"delusions and hallucinations, suicidal behaviour and intense
paranoia", and that his abuse had left him "particularly susceptible
to mental coercion" and at moderate to high risk of committing suicide.
All the time that Omar while as a child was submitted to these abuses by
his American military captors and during those times, the Canadian federal
governments under the auspices of Prime Ministers, Jean
Chrétien, Paul Martin
and Stephen
Harper while all sitting on their bums did nothing to put an end to
the abuses Omar was being submitted to.
Now
you can understand why Prime Minister, Justin Trudeau officially apologized to
Omar on behalf of the Canadian Government.
But why was Omar given $10.5 million dollars by the Canadian government.
The government had no other choice. I will explain why.
Omar sued the Canadian government for $20 million dollars. The government
appealed and the matter finally ended up in the Supreme Court of Canada. The
court recognized the failure of the federal government to put an end to the
abuses that Omar was being subjected to and its initial refusal to bring him
back into Canada. The court was convinced that the failure of the government
was wrong in their conduct in this sorry matter but at the same time, they felt
that twenty million dollars was too much as an award. They reduced the amount to be given to Omar as $10.5
million. The government of Canada had no other choice but to give Omar that sum
of money as per the decision of the Supreme Court of Canada.
I hope that you have found my five articles on the Omar Khadr matter
interesting and informative.
This matter hasn't ended. It may not be finally resolved for several years. However, whe I get new information, I will put it at the end of this article as an update.
This matter hasn't ended. It may not be finally resolved for several years. However, whe I get new information, I will put it at the end of this article as an update.
No comments:
Post a Comment