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Canadian Supreme Court – Omar Khadr’s right violated in Guantanamo

29 January, 2010 (18:09) | Activism, Canada, Political, War

Amnesty International – Canada released this press release today on the Canadian Supreme Court Decision yesterday

Canadian government must respond to Supreme Court of Canada ruling that Omar Khadr’s rights have been violated – Public Statement

Amnesty International is calling on the Canadian government to respond immediately to today’s unanimous Supreme Court of Canada declaration that Omar Khadr’s rights have been violated. As a remedy to those violations, Amnesty International continues to call on the Canadian government immediately to seek Omar Khadr’s repatriation from Guantánamo Bay back to Canada.

The Court issued a declaration that the actions of Canadian intelligence officials, who interrogated Omar Khadr at Guantánamo Bay knowing that he had been subject to “improper treatment by US authorities”, breached his rights under section 7 of the Canadian Charter of Rights and Freedoms. The Court finds that Canada “actively participated in a process contrary to Canada’s international human rights obligations and contributed to Mr. Khadr’s ongoing detention so as to deprive him of his right to liberty and security of the person guaranteed by s.7 of the Charter, contrary to the principles of fundamental justice.”

The Court concludes that it is up to the government to now “consider what action to take in respect of Mr. Khadr, in conformity with the Charter.” The Court did not order Canada to seek his repatriation to Canada from Guantánamo Bay, ruling that it was not their role to specify what type of action the government must take to remedy the violations. It is nonetheless clear that the Court expects the government to take action that will conform to the Charter and will be responsive to the violations Mr. Khadr has suffered.

“The Supreme Court is unequivocal and unanimous in finding that Canadian officials violated Omar Khadr’s rights under the Charter and Canada’s international human rights obligations, but did not feel it was their role to single out a specific remedy, such as ordering the Canadian government to seek his repatriation,” said Alex Neve, Secretary General of Amnesty International Canada (English branch).

“Inaction is not an option for the government. Further delays and excuses are not an option for the government. Rather, the Canadian government must respond promptly to this ruling with a remedy for the serious human rights violations identified by the Court,” Alex Neve said. “A request for repatriation continues to be the most effective remedy on the table. The government has never pointed to any other equally effective option. It is time for Prime Minister Harper to ask President Obama for Omar Khadr’s repatriation to Canada.”

Background
Omar Khadr was apprehended by US forces in Afghanistan in 2002, when he was only 15 years old. He was transferred to Guantánamo Bay in October 2002. He has been accused of throwing a grenade that killed a US soldier. His rights to be treated as a child under the Convention on the Rights of the Child have not been acknowledged or upheld by US officials. Canadian officials have refused to recognize that he should be treated in accordance with international legal standards regarding child soldiers. His trial in front of a military commission is set to begin in July 2010. The military commission process does not meet recognized international fair trial standards.

The Supreme Court of Canada finds that “Mr. Khadr’s Charter rights were breached when Canadian officials contributed to his detention by virtue of their interrogations at Guantanamo Bay knowing Mr. Khadr was a youth, did not have access to legal counsel or habeas corpus at that time and, at the time of the interview in March 2004, had been subjected to improper treatment by the U.S. authorities.”