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IndianaGreen Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-10-10 04:43 PM
Original message
Khadr trial opens at Guantanamo Bay
Khadr trial opens at Guantanamo Bay

UPDATED ON:
Tuesday, August 10, 2010
22:47 Mecca time, 19:47 GMT


Eight years after his capture as a teenager on an Afghan battlefield, a long-delayed trial has started for Guantanamo Bay's youngest detainee.

Khadr is accused of killing a US soldier after throwing a grenade at the end of a four-hour US bombardment of an al-Qaeda compound in the eastern Afghan city of Khost.

His lawyers deny that he threw the grenade and contend that the prosecution is relying on confessions extracted following abuse.

His lawyers had argued that his statements to military interrogators were illegally obtained through torture and had asked a US war crimes court to throw them out.

http://english.aljazeera.net/news/americas/2010/08/201081018133349839.html

10 August 2010 Last updated at 17:35 ET

Youngest Guantanamo inmate, Canadian Omar Khadr, tried

A former child combatant has gone on trial at Guantanamo Bay, the first detainee to face military justice under President Barack Obama.


Canadian citizen Omar Khadr, now 23, is accused of throwing a grenade that killed a US soldier during a gun battle in Afghanistan in 2002, when he was 15.

He alleges that he was tortured into confessing to the murder.

A UN envoy, Radhika Coomaraswamy, said the trial would set a dangerous precedent for child soldiers worldwide.

However, the judge said the prosecution must show that Mr Khadr had had intent to commit a crime, and he told jurors they could consider his age in making their decision.

http://www.bbc.co.uk/news/world-us-canada-10929674

Earlier thread:

Obama Administration Demands Amnesia From Reporters Covering Gitmo

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=103&topic_id=534728
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-10-10 04:55 PM
Response to Original message
1. k/r
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sabrina 1 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-10-10 06:55 PM
Response to Original message
2.  This is SHAMEFUL. This was a child soldier
who, according to International law should have been helped with rehabilitation.

This is the 'change' we supported? He is being tried, as I understand it, under the vile Bush Habeas Destroying Bill, the Military Commissions Act which airc, we were PROMISED back in 2006 once we got a Dem majority, would be rescinded. Sen. Leahy was working on doing just that. What happened? When we had a Republican Maj and/or a Republican WH at least Dems were working on these issues.

Now we have a Democratic administration trying a Child Soldier under that abhorrent piece of treasonous excuse for law. Even the current SC found it too vile to fully support.

This truly is an outrage. I don't know what has become of this country.
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IndianaGreen Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-10-10 07:56 PM
Response to Reply #2
3. He was 15 at the time, a child soldier
but then what did you expect from a country that executes children and mentally impaired people.
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sabrina 1 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-10-10 08:43 PM
Response to Reply #3
4. I at least exected this case to be handled
according to International law, not according to Bush era legislation that was vilified by every Constitutional lawyer in the country once we had a Democratic majority. But you're right, that was definitely very naive of me I see that now. And it leaves us with not much hope for the future of this country.
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IndianaGreen Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-10-10 08:51 PM
Response to Reply #4
5. There is no hope when a President claims the power to order our assassination
using whatever pretext he or she fancies.

We are living in a proto-fascist state.
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sabrina 1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-11-10 12:14 AM
Response to Reply #5
8. Yes, I know. We thought we had fixed that.
I remember several years ago there was a website which apologized to the World for the election of George Bush. The World responded saying they didn't blame the American people for what he was doing. After the 2004 election airc, we apologized again. I think the world was beginning to lose faith in us by then.

But when we defeated the Republicans in 2008, once again there was hope around the world. I have read recently that especially in the Muslim world, which was very hopeful when Obama was elected, support is plummeting for him.

I don't know what the American people can do next, but this trial will go down as yet another stain on this country's history and this, after the people removed the perpetrators from office, or thought they had.
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Jefferson23 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-10-10 10:00 PM
Response to Original message
6. Khadr's confession can be used: judge
judge in Omar Khadr's pretrial hearing in Guantanamo Bay says he will allow into evidence video purportedly showing the Canadian making and planting bombs in Afghanistan, and an apparent confession he made while in custody.

Col. Patrick Parrish rejected defence arguments that Khadr's statements were the product of torture and could not be used against him.

"The motion to suppress the accused's statements is denied," Parrish said Monday, without giving reasons.



http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x4497733








snip* One of Omar's interrogators was later convicted in the murder of a detainee in U.S custody in Bagram.

snip* Prime Minister Stephen Harper has used the terms "Rule of Law" and "Due Process" to describe the Guantanamo military commissions, but Omar's defense team argues that neither of those terms is appropriate. The U.S. military is allowed to pick the lawyers, the jury, and the judge, and to change the judge if they don't like his rulings, which has already happened in this case. The process has been denounced by the U.S. and Canadian Bar Associations, and even by the Supreme Courts in both Canada and the United States. President George W Bush and Prime Minister Stephen Harper are among the very few political leaders who still support the military commissions.

http://www.cbc.ca/documentaries/doczone/2008/omarkadr/



At Guantanamo, the long wait for an unfair trial


The state versus a boy soldier
Omar Khadr, 15 years old when he was captured in Afghanistan in 2002 and imprisoned first in Bagram, then in Guantánamo, will at last face trial this month on charges never before brought in the history of war


by Chase Madar


Barack Obama may not be as audacious as his supporters had hoped, but his government will soon be the first since the second world war to prosecute a child solder. The trial of Omar Khadr, a Canadian national captured at the age of 15 outside Kabul in 2002, should begin this August at Guantánamo Bay. It will be the Obama administration's first Gitmo trial, and pre-trial hearings have already begun to determine how much evidence is to be excluded because of the torture and abuse he suffered at Bagram prison in Afghanistan and Guantánamo.

Khadr is accused of throwing a hand grenade that killed a US serviceman in a firefight between US forces and jihadis. He confessed to tossing the grenade from his hospital bed at Bagram prison while heavily sedated, his chest wounds barely closed. Over months, an extravagantly detailed confession was developed by a succession of interrogators, from the since convicted abuser of prisoners who first interviewed Khadr to a female military interrogator with an MA in anthropology who soothed him to good effect. Omar Khadr repudiated his confession after being transported to Guantánamo, and has alleged in a lengthy affidavit that he suffered torture and abusive coercion at both prisons. Whether all his claims will be corroborated is unclear, but a witness for the prosecution has already testified that he saw Khadr at Bagram standing with his arms outstretched above eye level, wrists chained to the walls of a five-foot-square cell, hooded and weeping. If a US soldier were treated this way, few would hesitate to call it torture.

Prosecuting a child soldier thus treated in custody is not the savviest PR move for a government eager to show it has mended its ways. But here, as elsewhere in national security policy, Obama is playing mainly to a domestic audience. Many Americans are baffled by the idea of clemency for a youthful offender, let alone an accused terrorist. In a country where dozens of prisoners are serving life without parole for crimes committed when they were 12 or 13, and trying 15-year-old felons as adults is routine if not mandatory, the prosecution of Omar Khadr is not a hard sell.

The rest of the world, so eager to welcome a kinder, gentler US since Obama's election, will be less indulgent. Unicef (now headed by a former US national security adviser) and every major human rights group have denounced the Khadr prosecution, as has the UN's special representative for children and armed conflict, and former child soldiers. The Khadr trial is giving migraines to many State Department officials.

One might have expected the US to persuade its usually pliant northern neighbour to repatriate Khadr to avoid international embarrassment. If the detainee had any other surname, this would have happened years ago.

http://therealnews.com/t2/index.php?option=com_content&...





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sabrina 1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-11-10 12:10 AM
Response to Reply #6
7. There are no words. I would have expected this from
Cheney. The last sentence is correct, if this torture victim had had any other surname he would have been treated according to the requirements of International law. Obama should be ashamed to have his name attached to this gross injustice.
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Jefferson23 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-11-10 08:30 AM
Response to Reply #7
9. The entire episode is a disgrace, and the farce aka the military commissions
will see this through...the MSM completely silent, as usual.


Disheartening and shameful to say the least.
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Jefferson23 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-11-10 09:15 AM
Response to Original message
10. The Omar Khadr travesty
By Glenn Greenwald

The only real reason I thought Robert Gibbs' comments yesterday merited a response is not because of the ephemeral melodrama it created -- the White House said Fox-copying, mean things about the Left -- but because of the "substantive" claim he made that comparisons of Bush and Obama were so blatantly insane that they merited "drug testing." That Obama has vigorously embraced and at times even exceeded some of Bush's most controversial and radical policies is simply indisputable. I'd request that anyone doubting that just review the very partial list I compiled in Update II yesterday. In that list, I neglected to mention numerous other compelling examples (recall Tim Dickinson's recent revelation that Interior employees call their Department under Ken Salazar's corporate-serving rule "the third Bush term"). Among my most prominent omissions was the Obama administration's Bush-copying use of military commissions rather than real courts to try "War on Terror" detainees.


Military commissions were one of those Bush/Cheney policies which provoked virtually universal outrage among progressives and Democrats back in the day when executive power abuses and rule of law transgressions were a concern. The Obama administration's claim that the commissions are now improved to the point that they provide a forum of real justice is being put to the test -- and blatantly failing -- with the first such commission to be held under Obama: that of Omar Khadr, accused of throwing a grenade in 2002 which killed an American solider in Afghanistan, when Khadr was 15 years old. This is the first trial of a child soldier held since World War II, explained a U.N. official who condemned these proceedings. The commission has already ruled that confessions made by Khadr which were clearly obtained through coercion, abuse and torture will be admitted as evidence against him. Prior to the commencement of Khadr's "trial," the commission ruled in another case that the sentence imposed on a Sudanese detainee Ibrahim al-Qosi -- convicted as part of a plea bargain of the dastardly crime of being Osama bin Laden's "cook" -- will be kept secret until he is released. What kind of country has secret sentences?

Jennifer Turner is with the ACLU's Human Rights Project and is observing these proceedings at Guantanamo. Read what she wrote and decide for yourself if "drug testing" is needed more for those who draw comparisons between Bush and Obama, or for those who angrily insist such comparisons are outrageous:


Yesterday was a stark reminder that instead of closing the book on the Bush-era military commissions, President Obama is adding another sad chapter to that history. Although President Obama promised transparency and sharp limits on the use of tortured and coerced statements against the accused, at Guantánamo today one military judge ordered that a sentence be kept secret from the public and another military judge allowed statements obtained by abuse and coercion of a 15-year-old to be used at trial.


Monday was Day One of the sentencing hearing in the case of Sudanese detainee Ibrahim al-Qosi. Al-Qosi was the first detainee to be convicted under President Obama, in a plea deal entered this June in which he admitted to being an al Qaeda cook and occasional driver. . . . But in an unprecedented move, military judge Air Force Lt. Col. Nancy Paul ordered today that al-Qosi's true sentence will be kept secret until he's released. The judge said the government requested that the sentence be kept secret.


remainder: http://www.salon.com/news/opinion/glenn_greenwald/
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Speciesamused Donating Member (331 posts) Send PM | Profile | Ignore Wed Aug-11-10 09:45 AM
Response to Original message
11. No change in Obamas policies-Bush policies continue
while the press are banned from covering any of the trial
of this prisoner who was a child when it happened. Insanity.
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Jefferson23 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-11-10 09:51 AM
Response to Reply #11
12. Tragic for our country, and this makes me very sad this is happening with a Democrat in the WH. n/t


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IndianaGreen Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-11-10 10:42 PM
Response to Reply #12
13. Officer off Gitmo jury for agreeing with Obama
More evidence that this "court" is no different from a North Korean military court:

Officer off Gitmo jury for agreeing with Obama

GUANTANAMO BAY, Cuba — A veteran U.S. Army officer who agreed with President Barack Obama that the Guantanamo Bay prison should be closed was excluded from the jury in a U.S. military commission trial Wednesday after prosecutors objected that he had "pre-conceived" views that might jeopardize their case.

The move came as prosecutors and jurors selected a seven-person jury of military officers to hear the case of Omar Khadr, the so-called "child soldier" accused of hurling a hand grenade that killed an American soldier in a firefight in Afghanistan eight years ago.

Khadr, now 23, has spent a third of his life at Guantanamo. He is accused of murder and attempted murder in the first trial before the Obama administration’s revamped military commissions.

http://www.msnbc.msn.com/id/38667591/ns/us_news-security/
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Jefferson23 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-12-10 09:36 AM
Response to Reply #13
14. This is such a sham, they have complete control over everything...damn bastards. n/t
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Jefferson23 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-12-10 10:43 PM
Response to Original message
15. Prosecutorial Flim-Flam at Gitmo by Scott Horton
SNIP* The cases of al-Qosi and child warrior Omar Khadr, now underway, highlight America’s current prosecutorial dilemma. Any prosecutor worth his salt would want to start the process just as Justice Jackson did at the end of World War II: with high-profile targets against whom powerful evidence has been assembled. But nine years after 9/11, Osama bin Laden and Ayman al-Zawahiri remain at large. Thus the world is shown not the mastermind of a heinous crime but a short-order cook and a 15-year-old child who offers credible evidence that he was tortured in U.S. custody. The spectacle is so pathetic that we can understand why those running it want to turn to carnival tricks to conceal the unseemly reality.

http://www.harpers.org/archive/2010/08/hbc-90007502
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