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The Khadr Thread

Infanteer said:
Was it ever decided if he was a either a prisoner of war or a criminal or is he still in some sort of War on Terror in-between?
"Enemy combatant" (usual caveats re:  Wikipedia, but includes documentation) - more here from the U.S. government, and here (Federal Court of Canada):
.... On August 31, 2004, after Mr. Khadr had been questioned by the Canadian officials, a summary of evidence memo was prepared for his Combatant Status Review Tribunal. The summary alleged that Omar Khadr had admitted he threw a grenade which killed a U.S. soldier, attended an Al-Qaida training camp in Kabul and worked as a translator for Al-Qaida to co-ordinate landmine missions. In addition, he was accused of helping to plant the landmines between Khost and Ghardez, and having visited an airport near Khost to collect information on U.S. convoy movements.[3] The Supreme Court found that “[t]he record suggests that the interviews conducted by CSIS and DFAIT provided significant evidence in relation to these charges”: Khadr II, paragraph 20 (emphasis added). The Combatant Status Review Tribunal reviewed Mr. Khadr’s status and concluded that he was an enemy combatant. In so ruling, Mr. Khadr’s continued detention by the U.S. was legal, according to American law ....
 
So, no different than a German soldier in WWII.  If I understand this right, he comes back to Canada to be released when the war is done.  Sounds pretty straight forward.
 
Infanteer said:
to be released when the war is done. 
That works for me. Of course I don't see the need for special treament such as is done for sex offenders etc. Enjoy your 30-50 years in gen pop Omar. 8)
 
Infanteer said:
to be released when the war is done.

Some were retained in custody for a period after the end of the war for various reasons including suspicion of war crimes, intelligence value, rank or appointment and perhaps that their homes were now in the Soviet zone.
 
KevinB said:
Charge him with treason when he sets foot in Canada. 
That would be up to Ontario, if he comes here to live, according to the feds quoted by Sun Media:
Federal Justice Minister and Attorney General Rob Nicholson says the question of laying charges of treason against Omar Khadr is a provincial and police matter.

The issue was raised after Public Safety Minister Vic Toews announced last week that he had received an American request to transfer the Canadian-born convicted terrorist and murderer to Canadian custody.

"We cannot comment on specific cases," said Julie Di Mambro, spokeswoman for Nicholson. "In Canada, the decision to lay and pursue Criminal Code charges rests with police and provincial Crown attorneys." ....
Of course, there's another option mentioned a few pages back....
milnews.ca said:
Anyone up for a private prosecution, then (more from the Criminal Code of Canada)?  Anyone?  Anyone?
Infanteer said:
....  to be released when the war is done ....
Which also leaves the fiery question:  which war in Omar's case?  The "war on terror"?  Our involvement in AFG?
 
KevinB said:
Charge him with treason when he sets foot in Canada. 
  Shove him down a well and then pour in the concrete.
I'll help you mix it up.
 
And I'm fully qualified to check the mixture. (just to make sure he can't swim to the surface)
 
Back before winter, according to the HuffPo.

http://www.huffingtonpost.ca/2012/09/12/omar-khadr-canada-return_n_1878041.html?utm_hp_ref=canada
 
Pure speculation until they at least state the type of source. "Multiple sources" could mean 3 rank and file staffers with no direct knowledge on anything to do with Khadr. I just hope once he gets back here, he serves his entire sentence out and has some stiff conditions afterwards.
 
http://www.cbc.ca/news/politics/story/2012/09/13/omar-khadr-canada-guantanamo-bay-return.html said:
Canada blames the US for delays

Take you time, I say.  Who needs to be pointing fingers blaming anyone...
 
lots and lots of time....make sure everything is right......then double check...
 
Guess he's coming back.

From MSN

Omar Khadr, who has been in a U.S. detention camp since October 2002 following his capture by U.S. forces in Afghanistan, is on his way to Canada from Guantanamo Bay, Cuba, to serve the balance of his sentence.
A military plane with Khadr on board left the U.S. Naval base on Cuba's southeast shore around 4:30 a.m. ET Saturday.
Under a plea deal with prosecutors in October 2010, Khadr admitted to being responsible for the death of American Sgt. 1st Class Christopher Speer.

In exchange for that plea, he was promised he would be transferred to Canada to serve out the rest of his sentence.
Top news

He agreed to a sentence of eight years, with no credit for time served, with the first year spent in U.S. custody
 
A bit more from the Toronto Star. The story is reproduced under the Fair Dealing provision of the Copyright Act.


By Michelle Shephard National Security Reporter


Guantanamo prisoner Omar Khadr, the Toronto-born detainee whose decade-long case has bitterly divided Canadians, is on his way home to serve the remainder of his sentence.

The Toronto Star has learned that the 26-year-old prisoner was flown off the U.S. Naval base on Cuba’s southeast shore and expected to arrive in Canada early Saturday morning.

Guantanamo officials notified Khadr of his transfer Wednesday, assuring him he would be repatriated by the end of the weekend, a Pentagon source said.

Just where Khadr will be incarcerated – or where the U.S. military flight will land – continues to be a closely guarded secret.

But a Canadian government source told the Star in an interview earlier this year that the Sainte-Anne-des-Plaines’ maximum-security facility, near Montreal, was a strong possibility. The prison’s Special Handling Unit, nicknamed “the SHU,” houses the majority of Canada’s prisoners convicted of terrorism offences.

More information on his whereabouts is likely to be released once he arrives on Canadian soil. The Khadr saga began more than a decade ago, in June 2002, on a battlefield in Afghanistan. The 15-year-old was shot and captured by an American Special Forces unit following a lengthy battle where U.S. Delta Force Sgt. Christopher Speer was fatally wounded.

Khadr is the second youngest son of now deceased Egyptian-born Canadian, Ahmed Said Khadr, who was close with Al Qaeda’s elite. The Khadr family’s unpopularity overshadowed much of his case.

In October 2010, Khadr pleaded guilty before a Guantanamo military tribunal to five war crimes, including “murder in the violation of war” for Speer’s death. He received an 8-year-sentence and a diplomatic agreement from Ottawa that after one more year he would be transferred to Canada in return for the plea deal.

Yet the guilty plea did little to change public opinion on the case. Some believe pleading guilty was the Canadian’s only way out of the detention facility where he had spent a third of his life. Others argue the sentence was too lenient and urged Ottawa to refuse his transfer request.

Navy Capt. John Murphy, Guantanamo’s chief prosecutor, told reporters following Khadr’s trial that he felt justice had been served. While he maintained Khadr’s juvenile status did not merit special consideration during the trial, he conceded it was important in sentencing.

“I think good prosecutors don’t always strive to get the greatest possible sentence but they balance interests,” Murphy said, adding, “I was very comfortable that the result we achieved was fair to everyone.”

But the case once again became politically charged this year - much to Washington’s consternation - as Public Safety Minister Vic Toews failed to act on Khadr’s application for transfer. Khadr’s lawyers accused the government of “abuse of process” for deliberately delaying a decision and made an application to the federal court.

Senior Obama administration officials told the Star last week that Washington’s patience with Ottawa was wearing thin and the Khadr case was jeopardizing future relations between the countries – although it is not clear if this pressured Ottawa to act.

Under Canada law, Khadr will now be eligible to apply for parole by next summer. In 2008, Khadr’s lawyers proposed a rehabilitation plan that included psychiatric treatment at Toronto's Centre for Addiction and Mental Health, religious counselling by a local imam and a tiered integration program that would see Khadr closely monitored for as long as four years.

However the government has given no indication that there is any formal plan in place for Khadr during his incarceration and has refused to answer questions on the case.
 
And the Cosmic Butterfly Corporation's version.....
Omar Khadr, who has been in a U.S. detention camp since October 2002 following his capture by U.S. special forces in Afghanistan, is on his way to Canada from Guantanamo Bay, Cuba, to serve the balance of his sentence.

A military plane with Khadr on board left the U.S. Naval base on Cuba's southeast shore around 4:30 a.m. ET Saturday, according to a military source. No information has been released on where the plane will arrive in Canada.

Under a plea deal with prosecutors in October 2010, Khadr admitted to being responsible for the death of American Sgt. 1st Class Christopher Speer.

In exchange for that plea, he was promised he would be transferred to Canada to serve out the rest of his sentence.

He agreed to a sentence of eight years, with no credit for time served, with the first year spent in U.S. custody.

After he does return home, he can apply for parole next year under Canadian law ....
 
Should have dropped the ramp for him at 2600' and booted him out the door with the load master yelling " welcome back to Canada".

No doubt someone in Parliament will bring it up on Monday about why he isn't released yet.....
 
This story which includes offical confirmation of his arrival from the National Post site is reproduced under the Fair Dealing provision of the Copyright Act.

Omar Khadr has been returned to Canada, Vic Toews confirms

Canadian Press | Sep 29, 2012 9:58 AM ET | Last Updated: Sep 29, 2012 10:28 AM ET

Public Safety Minister Vic Toews confirmed that Khadr landed this morning at the Canadian Forces Base in Trenton, Ont.

In a statement from Winnipeg, the minister says the 26-year-old Toronto-born man will be held at the Millhaven Institution, a maximum-security prison in Bath, Ont.

In October 2010, Khadr pleaded guilty to five crimes in violation of the rules of war, including the killing of U.S. army medic Sgt. Christopher Speer during a gunfight in Afghanistan.

Khadr, Canada’s only convicted war criminal, has been eligible to return to Canada for nearly a year under a special plea bargain deal.

He was 15 years old when he was captured — badly wounded and almost blind — in the rubble of a bombed out compound in Afghanistan in July 2002.

He was transferred to Guantanamo Bay a few months later and has been held there since.

He applied to transfer to Canada in April of last year to serve the rest of his sentence in a Canadian prison.

Khadr is the son of Ahmed Said Khadr, an Egyptian-born Canadian with ties to al-Qaida and was the last westerner to be held at the U.S. military prison.

Vic Toews full statement on Omar Khadr’s return:

Early this morning, convicted terrorist Omar Khadr was transferred to Canadian authorities at CFB Trenton.

This was done pursuant to a decision I made earlier this week.

He arrived at 07:40 ET aboard a U.S. government aircraft travelling from Guantanamo Bay, Cuba.

He has been transferred from CFB Trenton to Millhaven maximum security prison at Bath, Ontario.

Omar Khadr is a known supporter of the al-Qaeda terrorist network and a convicted terrorist.

He pleaded guilty to the murder of Sergeant First Class Christopher Speer, an American Army medic, who was mortally wounded in a firefight in Afghanistan on July 27, 2002 and died on August 6, 2002.

Omar Khadr also pleaded guilty to providing material support for terrorism, attempted murder in violation of the law of war, conspiracy and spying.

Omar Khadr was born in Canada and is a Canadian citizen. As a Canadian citizen, he has a right to enter Canada after the completion of his sentence.

This transfer occurs following a process initiated by the United States government and determined in accordance with Canadian law.

The remainder of his prison sentence will be administered by the Correctional Service of Canada.
I am satisfied the Correctional Service of Canada can administer Omar Khadr’s sentence in a manner which recognizes the serious nature of the crimes that he has committed and ensure the safety of Canadians is protected during incarceration.

Any decisions related to his future will be determined by the independent Parole Board of Canada in accordance with Canadian law.

Thank you.

 
Official announcement.

http://www.defense.gov/releases/release.aspx?releaseid=15592

IMMEDIATE RELEASE No. 784-12
September 29, 2012


Detainee Transfer Announced


            The Department of Defense announced today that Omar Ahmed Khadr was transferred from the detention facility at Naval Station Guantanamo Bay, Cuba to Canada.

          Omar Khadr pleaded guilty, pursuant to a pre-trial agreement in a military commission, to murder in violation of the law of war, attempted murder in violation of the law of war, conspiracy, providing material support for terrorism, and spying.

          Pursuant to the pre-trial agreement, the convening authority approved an eight-year sentence of confinement.  The pre-trial agreement specifies that one year of confinement must be served in the custody and control of the United States, and that Khadr could be transferred to Canada to serve the remainder of his sentence in accordance with Canadian law.

          The United States Government has returned Khadr to Canada where he will serve out his remaining sentence.  The United States coordinated with the government of Canada regarding appropriate security and humane treatment measures.  In accordance with statutory reporting requirements, the administration informed Congress of its intent to transfer Khadr to Canada.

          Documents related to Khadr’s military commission proceedings are available on the Office of Military Commissions  website at  http://www.mc.mil/ .

          Today, 166 detainees remain in detention at Guantanamo Bay.
 
.... from the Public Safety Canada web page (also attached if link doesn't work for you):
Good morning.  I will be making a short statement.

Early this morning, convicted terrorist Omar Khadr was transferred to Canadian authorities at CFB Trenton.

This was done pursuant to a decision I made earlier this week.

He arrived at 07:40 ET aboard a U.S. Government aircraft travelling from Guantanamo Bay, Cuba.

He has been transferred from CFB Trenton to Millhaven maximum security prison at Bath, Ontario.

Omar Khadr is a known supporter of the Al-Qaeda terrorist network and a convicted terrorist.

He pleaded guilty to the murder of Sergeant First Class Christopher Speer, an American Army medic, who was mortally wounded in a firefight in Afghanistan on July 27, 2002 and died on August 6, 2002.

Omar Khadr also pleaded guilty to:

    Providing material support for terrorism;
    Attempted murder in violation of the law of war;
    Conspiracy and spying

Omar Khadr was born in Canada and is a Canadian citizen.  As a Canadian citizen, he has a right to enter Canada after the completion of his sentence.

This transfer occurs following a process initiated by the United States Government and determined in accordance with Canadian law.

The remainder of his prison sentence will be administered by the Correctional Service of Canada.

I am satisfied the Correctional Service of Canada can administer Omar Khadr's sentence in a manner which recognizes the serious nature of the crimes that he has committed and ensure the safety of Canadians is protected during incarceration.

Any decisions related to his future will be determined by the independent Parole Board of Canada in accordance with Canadian law.

Thank you.

From the Minister's decision, apparently signed yesterday (also attached):
.... In determining whether the Correctional Service of Canada and the Parole Board of

Canada can effectively administer Mr. Khadr's sentence the following issues cause me concern:

    Mr. Khadr idealizes his father, Ahmed Sa'id Khadr, and appears to deny Ahmed Khadr's lengthy history of terrorist action and association with AI Qaeda.
    Mr. Khadr's mother and older sister have openly applauded his crimes and terrorist activities.
    Mr. Khadr has had very little contact with Canadian society and therefore will require substantial management in order to ensure safe reintegration into Canada.
    Mr. Khadr has participated in terrorist training, military operations and meetings involving senior AI Qaeda leadership.
    Mr. Khadr's experiences in Afghanistan, Pakistan and Guantanamo Bay and the degree to which they have radicalized him.

I am satisfied the Correctional Service of Canada and the Parole Board of Canada can administer Mr. Khadr's sentence in a manner which recognizes the serious nature of the crimes that he has committed, addresses the concerns that l have noted above, and ensures the safety of Canadians is protected through appropriate programming during incarceration, and, if parole is granted, through the imposition of robust conditions of supervision.

Mr. Khadr will serve the balance of his sentence in Canada.
 
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