[Praxius]

Update:



Khadr could be detained even if acquitted by military court

WASHINGTON - Canadian Omar Khadr faces the possibility of indefinite imprisonment at Guantanamo Bay, Cuba, even if he is acquitted of murder and terrorism charges at his war crimes trial later this year, a senior U.S. State Department official said Tuesday. The revelation comes just days before Khadr's scheduled Monday arraignment at the American military base, and as his Canadian lawyers gird for a courtroom battle over the detainee's request to fire his U.S. attorneys. John Bellinger, the legal adviser to Secretary of State Condoleezza Rice, said the U.S. military could keep Khadr behind bars if he is found not guilty because it has already determined he is an 'unlawful enemy combatant' not subject to the same rights as a prisoner of war. Although there is a "certain expectation that someone might be released" if found not guilty, the U.S. claims it would have the right under international law to keep Khadr detained until the end of the ongoing war with al-Qaida - a military conflict that could continue for decades. "As a matter of law, we believe we may continue to hold someone even if they are acquitted," Bellinger told a group of Canadian reporters. The detainees at Guantanamo "continue to be held because they are combatants and they would return to acts of combat," he said, "and we think, as a matter of international law, one can hold them until the end of that conflict." Khadr, 20, has been detained at the Guantanamo Bay prison camp since late 2002 after being captured following a battle with American soldiers near Khost, Afghanistan, in July of that year. He was classified as an "enemy combatant" in 2004 following a combatant status review tribunal, in which the military officers reviewed a series of allegations and evidence against him. Khadr, who was 15 at the time of his capture, was charged with murder in April for allegedly throwing a grenade that killed army Sgt. Christopher Speer. He faces additional charges of attempted murder for other actions during the same July 27, 2002, firefight, of spying on U.S. troops for al-Qaida, and of planting roadside bombs. Despite the U.S.'s legal position on detaining enemy combatants, Bellinger said it was nonetheless "premature" to speculate how the U.S. would respond if Khadr is actually acquitted. He confirmed the Canadian government has not entered any negotiations to have Khadr returned to Canada to serve a prison sentence upon a possible conviction. Khadr's case has been embroiled in controversy from the beginning, largely because he was a juvenile at the time of the alleged terrorist acts and disputes over his legal representation. Khadr has repeatedly sought to fire his assigned U.S. military attorney, Lt.-Col. Colby Vokey, and U.S. civilian attorneys working on his behalf in American civilian courts. Khadr's Canadian lawyer, Edmonton-based Dennis Edney, was allowed to meet with him for the first time only last week at Guantanamo Bay, but can only act as a "foreign attorney consultant" during the upcoming war crimes tribunal. In an interview Tuesday, Edney said he and Khadr's U.S. lawyers plan to contest tribunal rules barring foreigners from acting as lead attorneys in the case. Under military commission rules, Edney could be seated at the defence table to consult with Khadr, but would not be allowed to address the military judge. The rules also allow Khadr to waive his right to military counsel and represent himself, although the military lawyer would be required to be present to advise him. Bellinger argued the rules are in place for a good reason - because U.S. military attorneys know military law and are best qualified to represent Khadr in a war crimes trial. "We have bent over backwards to provide the most robust legal representation that any accused can have," Bellinger said. "I think the world can see (the military lawyers) have been extremely zealously representing their clients." U.S. officials also denied Edney's claims that Khadr was being held in inhumane conditions at Camp Six, a new maximum-security facility for Guantanamo detainees that was opened last December. Khadr was "chained to the floor in a concrete room," complained of suffering blurred vision, nose and ear irritation and arthritis in his legs, Edney said after his visit to Guantanamo. "Mr. Khadr looked like he was just wearing away." The Canadian lawyer said Khadr was not allowed regular exercise and did not see "the light of day" because of near round-the-clock lockup. "It is simply inaccurate to say that Mr. Khadr has not had regular exercise or has not seen the light of day," countered Bellinger. "Those allegations are just simply wrong." The conditions at Guantanamo, Bellinger said, "are consistent not only with international law but are very similar to, and are based on, the rules and conditions in our maximum security prisons." At Monday's hearing, Khadr will be asked by a military judge whether he wants to enter a plea. If Khadr pleads not guilty, it's expected he would face trial this fall. He faces potential life in prison if convicted.

What a crock of crap!

Oh and in relation to the acusations of poor treatment, here's what the US had to say:

U.S. official denies Khadr "wasting’ away

Nova Scotia News - TheChronicleHerald.ca

WASHINGTON — Omar Khadr’s lawyers are "simply wrong" to say the young Canadian is rotting away in Guantanamo Bay, says a top U.S. State Department official who claims Khadr must be held accountable for killing an American soldier and maiming another. In a briefing Tuesday before Khadr faces an arraignment next week on terror-related charges, legal adviser John Bellinger defended conditions at the U.S. prison camp and the military tribunals criticized by most western countries except Canada. Canada recognizes that it’s "appropriate" for Khadr, 20, to be tried on the serious crimes, he said, and agrees the special military commission system is the proper vehicle. Unlike Australian David Hicks, who struck a plea deal with U.S. authorities in March and received a nine-month sentence, there’s been no discussion with Canadian officials about Khadr serving time in Canada if he’s convicted, Bellinger said. Khadr, who’s been in U.S. custody since he was 15 years old and faces life in prison, was allowed a visit from his Canadian lawyers last week for the first time. Edmonton lawyer Dennis Edney complained that Khadr is "wasting away" in a basement cell, doesn’t see daylight and isn’t allowed to exercise. His U.S. lawyers have long charged that Khadr has been viciously tortured and held in isolation for long periods. "These allegations are just simply wrong," said Bellinger. "Conditions overall in Guantanamo are consistent with U.S. maximum security prisons." "Whether Mr. Khadr is happy about it is another matter," he said. "Clearly he was young when he committed these offences. That is unfortunate. He did make certain choices. He killed an American soldier . . . He has maimed another soldier who now is nearly blind." "He could have surrendered," said Bellinger, who expects witness accounts of the battle at Khadr’s trial.

What Bull.S. this is..... they already believe he did it, so how the hell is he ever going to get a fair trial?

And besides the fact that the place may meet the minimum requirements as a maximum security prison in the US, which I hear is just lovely in itself...... he has a very good chance at wasting away as they say...... cripes the kid has been in there since he was 15..... a teenager at his prime of development and growth..... now he's been locked away, treated like crap, and fed poorly I imagine, with lack of proper exercise..... do you think he's gonna fair as well as an adult, who's motabolism is much slower?

Friggin Ignorrant!

Khadr is charged with throwing a grenade in a July 2002 firefight in Afghanistan, killing Sgt. 1st Class Christopher Speer and seriously injuring Sgt. Layne Morris, who has sued the Khadr family along with Speer’s widow, Tabitha. Even if Khadr is eventually acquitted, the U.S. government isn’t guaranteeing it will free him. Authorities are saying they could still legally hold him as an enemy combatant during the anti-terror war. "We have the right to continue to hold someone," said Bellinger. Khadr’s case has captured international attention partly because of his youth and his late father’s close association with al-Qaida leader Osama bin Laden. Bellinger, as legal adviser to Secretary of State Condoleezza Rice, is responsible for all domestic and international legal matters relating to the State Department. What he says represents the U.S. military’s case against Khadr, which has not yet gone to trial. He held the briefing for journalists who are going to cover Khadr’s arraignment next week.

Makes me sick....