2011-05-23 UPDATE: Omar Khadr Supreme Court review denied, request for clemency still to be heard #cdnpoli

Updated information from Khadr’s legal counsel states that the Supreme Court dismissalthis morning related to a years old appeal from Khadr that was actually disallowed last fall by the terms of his plea deal, which ordered “he must dismiss all presently pending action.”

“As part of his pre-trial agreement, he had to dismiss his claim against the government,” said his US military defense attorney Lt.-Col. Jackson. “Once the claim was dismissed, and the government accepted the dismissal, they still keep the caption (or heading) of the case as Khadr vs. Obama (as a way to keep the process) consistent, but he’s no longer a plaintiff on that.” Khadr’s request for review was bundled with several other requests from other Guantanamo prisoners.

The request for clemency still stands and may be heard this week.


The US Supreme Court denied Guantanamo inmate Omar Khadr’s request for clemencytoday. While a majority voted against granting the petition, Justices Stephen Breyer and Sonia Sotomayor “indicated that they wanted to review the case.” Courthouse Newsopines “Monday’s contribution affirms the appearance that the court will defer to the mostly conservative D.C. Circuit on Guantanamo detention matters. The justices have not decided a detainee case in nearly three years.”

Omar is currently serving the first year of eight further years he was sentenced to, in Guantanamo Bay, in what the pentagon terms “punitive post-conviction confinement.” He had already served eight years, including solitary confinement and torture, in two of the world’s most notorious torture camps at the time of his trial. He was captured at fifteen, and he is now 24 years old. He agreed to a plea deal last fall which sentenced him to eight years for killing a US Special Forces soldier, after one of the most highly controversial and dubioustrials in recent history.

His defense attorney Dennis Edney told WL Central, “Omar is doing his post sentencing time back in Camp 5 which, as the Pentagon states, is ‘designed for enhanced interrogation techniques’. He is back in solitary confinement where he has spent so much of his life. Prior to trial, we were able to have him removed to the cages where he was able to socialize with others which made him happy. He is not happy and has been subject to interrogations by the FBI. He is never allowed mail from other than family which rarely arrives.”

“Punitive post-conviction confinement” is described by Carol Rosenberg in the Miami Herald. Bahlul and Qosi, Khadr and Noor are segregated because they are “serving punitive sentences,” says Navy Cmdr. Tamsen Reese, a Guantánamo spokeswoman. Under the 1949 Third Geneva Conventions, she said, the other captives are “detained under the Law of War only as a security measure” and “should not be subjected to a penal environment or comingled with prisoners punitively incarcerated as a consequence of a criminal conviction.” Once their sentences are over, under Pentagon doctrine, they become ordinary detainees again — put back with the others in a penitentiary away called Camp 6, the closest thing at Guantánamo today to POW-style barracks housing.”

According to the rationale above, what Omar has endured since he was fifteen years old was not punitive, and now that he is sentenced, he needs to be punished. Thanks to endless court appeals by Canadian Prime Minister Stephen Harper, all levels of court in Canada have now agreed, in 2008 and again in 2010, that the Canadian government has violated Omar’s rights under Section 7 of the Canadian Charter of Rights and Freedoms. They further found that his treatment was “not in accordance with the principles of fundamental justice.” His sentencing has been condemned by the United Nations Secretary General for Children and Armed Conflict, by Amnesty, UNICEF, and Lawyers Rights Watch Canada as well as numerous other NGO’s and countries, but not by Canada, the country he was born in and is a citizen of.

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