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Canada's Top Court to Hear Gitmo Case
Agence France-Presse  |  March 25, 2008
Lawyers for a Canadian terror suspect held at Guantanamo Bay will appeal to Canada's supreme court March 26 to force the government to release intelligence documents that might help his case.

Omar Khadr, 21, has been at the US detention facility on Cuba for five years. He is expected to be one of the first tried by a military commission there, charged with killing a soldier during his arrest in Afghanistan.

Canadian intelligence officials interviewed Khadr, who was 15 at the time of his arrest in July 2002, in 2003 while he was in Guantanamo, and passed it on to the US military.

"I was very hopeful they (Canadians) would help me. I showed them my injuries and told them that what I had told the Americans was not right and not true," Khadr said according to his affidavit.

"I said that I told the Americans whatever they wanted me to say because they would torture me. The Canadians called me a liar and I began to sob. They screamed at me and told me that they could not do anything for me."

Khadr's lawyers want full disclosure of this information and the early discussions between Canada and the United States that led to Khadr's transfer to Guantanamo.

"We want to know what the story was at that time and that which was been communicated to Canada to justify sending him to Guantanamo Bay," Nathan Whitling, Canadian lawyer of Omar Khadr, told AFP.

In addition, Khadr's legal team accuses Ottawa of "complicity" in the process and questions the entire legal basis of the Guantanamo trial proceedings.

Court documents filed by the British Colombia Civil Liberties Association (BCCLA) and rights groups argue that the proceedings at the camp "violate the basic minimum standards set by international law."

Authorities in Ottawa tried to block Wednesday's hearing but the supreme court rejected their claim last week.

The government argued that a Canadian court does not have the authority to evaluate on the legality of the US military commissions.

It has refused requests from rights groups and the opposition to intervene on behalf of Khadr, the only Westerner to remain in detention there, and secure his repatriation.

The US authorities accuse Khadr's father, Ahmed Said Khadr, who was killed fighting Pakistani forces in 2003, of having links with Al-Qaeda and encouraging his son to join up with the terror network.

Khadr's brother, Abdurahman, was arrested in Afghanistan in 2001 and taken to Guantanamo in March 2003, before being released later that year.

Another brother, Abdullah, was jailed in Pakistan and arrested when he returned to Canada, at the request of the US authorities.

But Khadr's US lawyer, Bill Kuebler, has argued that according to the UN Convention on the Rights of the Child, his client should be seen as a victim rather than a combatant, because he was under 18 at the time of his arrest.

Whitling said Khadr has "very little hope about the process. We try to install hope in him but he has very very little if any."

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Copyright 2008 Agence France-Presse. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


 


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