The Free Omar committee is grieved to share the news of the passing of our dear friend, Afroze Ali, who left us on Sunday, April 10, in Toronto.

It is a great loss to her family and all who knew and loved her and a difficult time for those of us who worked so closely with Afroze in pursuit of justice for Omar.

With her strong spirit, and passion for righteousness, rectitude and truth, she worked tirelessly for the Free Omar campaign, never wavering in her dedication, even as her health deteriorated. She contributed essentially to its progress over the years.

Her loss is felt in waves across the globe and her friends are in deep mourning for her family’s beloved member. Free Omar would like to personally offer condolences to her parents and two sons, whom she spoke of with great love always.

Rest in peace dearest Afroze.

Your Free Omar friends

The federal government recently announced they would not proceed with the Conservative government’s appeal of Omar Khadr’s release on bail. There was a collective sigh of relief from those who have followed his tragic case.

Although Omar is no longer in prison, Canadians cannot be complacent. We must question how we allowed such a gross travesty of justice to occur; how, for over a decade, we sanctioned or acquiesced to the most serious violation of a citizen’s rights and to the torture and abuse of a child.

A letter writing campaign launched by the Free Omar Khadr Committee calls on the Canadian government to finally address our obligation to Omar.

Our individual liberties and equality before the law depend on the universal enforcement of rights and remedies for violations. Violations of those rights must be remedied; otherwise rights protected by the Charter of Rights and Freedoms and international treaties are meaningless.

In 2004 a civil claim was filed against the Canadian government seeking compensation for the violations of Omar’s protected rights due to the actions of Canadian authorities and the participation of Canadian officials in his torture and abuse in the U.S. military prison in Guantánamo Bay, Cuba.

Rather than accepting the conclusion of the Supreme Court that Canadian officials were complicit in the human rights violations suffered while Omar was detained in Guantánamo, the Canadian government, at taxpayer’s expense, persistently has fought Omar’s legal team at every level of court — only to lose each and every time.

A settlement of the civil suit is long overdue. It is urgent that our government provide redress to Omar for the 13 years of suffering caused to him by Canada.
Canada must also launch a commission of inquiry into the actions of Canadian authorities in the human rights abuses Omar suffered during his illegitimate imprisonment by the U.S.

A series of Canadian governments (both Liberal and Conservative) from 2002-2016 stand accused of being complicit in the violation of virtually all Omar’s Charter rights and have contravened Canada’s duty to protect rights under the Convention against Torture, the Convention on Civil and Political Rights and the Convention on the Rights of the Child.

Successful court challenges launched by Omar’s legal team in both Canadian and U.S. courts reveal the scope of the injustice:

• the U.S. Supreme Court (2006) ruled that the U.S. Pentagon military commissions which “charged” and “sentenced” Omar were unconstitutional;
• the Supreme Court of Canada (2008) ruled that the conduct of Canadian interrogators violated Omar’s fundamental human rights, the Canadian Charter of Rights and principles of fundamental justice;
• the Federal Court ruled (2005) that Canadian agencies (including CSIS) had violated Omar’s Charter rights by turning information obtained by torture over to his U.S. captors to be used against him in his “trial”;
• the Federal Court of Appeal ordered (2009) Canada to arrange for Omar’s immediate return (an order ignored by the federal government);
• the Alberta Appeal Court ruled (2015) that Omar should not have been placed in a federal penitentiary upon his repatriation to Canada. Furthermore, the judgment highlighted the illegitimacy of the Guantánamo military tribunal, stating “…the evidence against [Khadr] would have been excluded in a Canadian court. The legal process under which [Khadr] was held and the evidence elicited from him have been found to have violated both the Charter and international human rights law…”.

The United Nations Committee against Torture (UNCAT) recommended in July 2012 that Canada “ensure that [Omar Khadr] receives appropriate redress for human rights violations that the Canadian Supreme Court has ruled he experienced.”

The remedial action required has been outlined by Lawyers’ Rights Watch Canada (LWRC) and the International Civil Liberties Monitoring Group in their 2012 report to the UNCAT on the Omar Khadr case in which the numerous contraventions of obligations by Canada were identified.

LRWC identified Canada’s duties under the Convention against Torture to: fullyinvestigate the torture and ill-treatment of Omar Khadr; punish those responsible; and adopt effective measures to prevent further occurrences. According to LRWC: “The continuing failure to prevent, investigate and punish the torture and ill-treatment in the Omar Khadr case not only constitutes a continuing violation of the rights of Omar Khadr, but also encourages and enhances the danger of torture by state and non-state actors alike.”

The UN Committee Against Torture has posed the question: “Has Omar Khadr received appropriate redress for the human rights violations that he suffered, as ruled by the Canadian Supreme Court?” Until our government takes that responsibility, our obligation to Omar must continue.

Kathleen Copps is a retired B.C. teacher and member of the Free Omar Khadr Committee.
Photo: Free Omar Khadr Committee

Publication on Rabble.ca: http://rabble.ca/news/2016/04/our-obligation-to-omar-khadr

The Free Omar Khadr Campaign would like to congratulate Dennis Edney who was honoured last night in Toronto at the Muslim Awards for Excellence (MAX), an initiative to recognize and motivate high achievement in the Canadian Muslim community.

Mr. Edney was awarded, among other outstanding candidates nominated, for the MAX Friend of the Community Award which recognizes non-Muslim individuals who have demonstrated outstanding service to the Canadian Muslim community and assisted in achieving key goals of the community.

The Max Gala Committee posted the following profile of Dennis Edney:

Dennis Edney legally represents Omar Khadr, referred to by media as “Guantanamo’s Child.” He has represented him in all levels of Canadian courts including three successful appearances in the Supreme Court of Canada. He was appointed as a Foreign Attorney Consultant by the Pentagon to defend Omar, and has visited him countless times over the years in Guantanamo Bay.

He has received noteworthy recognition and awards – the Lieutenant Governor of British Columbia’s Human Rights Medal; the National Pro Bono Award; the prestigious Gerald L Gall award by the John Humphrey Centre; the Winnipeg Citizens Award for contribution to Human Rights and Justice; the Paul Harris Fellowship for his contribution to global human rights; and named one of “Canada’s 25 Most Influential Lawyers” by Canadian Lawyer.

He finds his most important reward to be helping Omar find his freedom, a task yet unfinished. Omar has been released on bail and currently lives with Dennis. Their legal journey is not yet over, but it is decidedly more hopeful.

Dennis Edney, his wife Patricia and their two sons, Cameron and Duncan deserve the respect and appreciation of all Canadians for their remarkable dedication to Omar, a young man so shockingly abandoned by his own country and denied the most fundamental of rights.

We hope that Dennis’ award will be a timely reminder to the Canadian government (which will soon decide how to proceed with Omar’s civil suit regarding government complicity in his torture and denial of rights) that the violation of Omar’s rights must be remedied.

Reblogged from www.immigration.ca.

Omar Khadr was shot and captured in Afghanistan several years ago when he was only 15 years old. The previous Liberal government barely fought for his rights as a Canadian and apart from the Department of Foreign Affairs requesting the U.S. government not to transfer the 15-year-old prisoner to Guantánamo Bay, the Liberals did nothing to help Khadr once he reached the notorious prison in Cuba.

Today Omar Khadr is 29 years old amid claims he spent a decade enduring repeated bouts of torture. In 2010, after eight years in custody, he pleaded guilty at a US military commission to five “war crimes,” including the battlefield murder of US Sgt. 1st Class Christopher Speer. The plea deal allowed Khadr an eight-year sentence and the potential to serve the bulk of his time in a Canadian prison system.

In September 2012 Khadr was sent back to Canada where he has since clarified that his confession was only given to receive a plea bargain so he could escape Guantánamo. Today, Khadr is appealing his convictions in the U.S. arguing that the offences did not exist on the day of the battle—and that even if he did throw that grenade, it was a legitimate act of war, not a war crime.

Even though the Americans assured Canadian officials that he was being treated fairly and humanely, Khadr’s lawyers claim that he was so badly abused, beginning as a teenager, that the U.S. forfeited the right to prosecute him.

In the years since Omar Khadr’s capture, many veteran Liberals have expressed regret over the handling of the file. Bill Graham, foreign affairs minister at the time, now concedes that he should have done more to push for the teen’s release while former Prime Minister Paul Martin, admits, “We should have repatriated him.”

The Liberal government recently announced that Khadr would remain a free man in Edmonton while he appeals his U.S. war crimes convictions at a special court in Virginia, a process that could take many more years.

According to a brief statement released by Public Safety Minister Ralph Goodale and Justice Minister Jody Wilson-Raybould, “The Government of Canada respects the decision of the Court of Queen’s Bench of Alberta which determined that Mr. Khadr be released on bail in Canada pending his US appeal of his US convictions and sentence. Withdrawing this appeal is an important step towards fulfilling the Government’s commitment to review its litigation strategy.”

Even though the Trudeau government should be credited for dropping the Harper-era bail appeal, it did not mention that Khadr was horrifically abused at the hands of the U.S. government, and has suffered more than enough. And it did not say that the government should have lobbied harder on his behalf back in 2002 or come close to labeling him a victim.

Perhaps the reason for its muted stand is because Khadr is still suing the Canadian government for $20-million in damages. Since being filed in 2004, the lawsuit now seems unbeatable. Twice already, the country’s highest court has scolded Ottawa for violating Khadr’s constitutional rights—both times while the Liberals were in power.

When he was apprehended, less than a year after the 9/11 attacks, Khadr was held at a U.S. military hospital in Bagram before being transferred to Guantánamo. At the time his father, Ahmed Said, was a wanted by US authorities because of his connection to al-Qaeda (Ahmed was a reputed al-Qaeda financier with ties to Osama bin Laden). And although Washington considered Ahmed’s teenage son an “enemy combatant” out of reach of consular access, it did permit “intelligence” visits.

The $20-million lawsuit is proceeding while Khadr still lives at the Edmonton home of one of his longtime lawyers, Dennis Edney, while studying to become an emergency medical technician.

Also read:

• Factsheet - OMAR’S LONG ROAD TO FREEDOM;
• Globe and Mail (Feb. 18, 2016): Trudeau government drops appeal of Omar Khadr’s bail by Colin Perkel, The Canadian Press.

The Trudeau government announced this week that it was withdrawing the appeal launched by the previous Conservative government about the release of Omar Khadr. In an interview to Anne-Marie Dussault for the prime time show 24/60, on French CBC, lawyer Dennis Edney recalls the reasons that prompted him to defend Omar Khadr, imprisoned for 10 years in Guantanamo.

The entire interview:  http://ici.radio-canada.ca/nouvelles/societe/2016/02/18/005-avocat-omar-khadr-dennis-edney-entrevue-2460.shtml

OTTAWA, February 18, 2021 – The Honourable Ralph Goodale, Minister of Public Safety and Emergency Preparedness, and the Honourable Jody Wilson-Raybould, Minister of Justice and Attorney General of Canada, issued the following statement:

“Today, the Government of Canada announced that it will discontinue its appeal in the case of The Attorney General of Canada v. Khadr (Bail appeal) before the Alberta Court of Appeal. The Government of Canada respects the decision of the Court of Queen’s Bench of Alberta which determined that Mr. Khadr be released on bail in Canada pending his US appeal of his US convictions and sentence.

Withdrawing this appeal is an important step towards fulfilling the Government’s commitment to review its litigation strategy.”

Read: http://news.gc.ca/web/article-en.do?nid=1034729

At some point the Canadian media must be held accountable for the role they have played in legitimizing the government’s brutalization of Omar rather than challenging the blatant and ongoing violation of his rights.

We are grateful for all those who have written to hold the media accountable and would like to share “Tarred With Terrorism Brush” recently written by Matthew​ Behrens​ in response to the article by Star reporter Michelle Shephard. He presents a critical view of Shephard’s “Omar Khadr’s sister detained in Turkey​” and reminds us of “…the dangers of improperly labeling individuals with the terrorism brush​.” ​

Please see Matthew Behrens’ letter 01/02/16 and our thank you message 05/02/16 below:

Tarred With Terrorism Brush 

Countless human rights reports and two Canadian judicial inquiries have warned against the dangers of improperly labeling individuals with the terrorism brush. In her coverage of the Turkish arrest of Zaynab Khadr, Michelle Shephard falls into that trap twice.

She writes that Zaynab’s father, Ahmed Said Khadr, “was arrested in connection with the bombing of the Egyptian embassy in Islamabad.” While it’s true that Khadr was detained, those charges against Zaynab’s father were dropped.

The story also suggests Zaynab was somehow connected to terrorism because she was “under investigation” for alleged offences by the RCMP in 2005, even though she was never charged. How is that relevant to the story now, 11 years later, unless the object of the story is to cast a whiff of suspicion over Zaynab as well?

If that’s really crucial to the story, why not mention that this “investigation” was carried out by an agency that was found shortly thereafter by two separate inquiries to have created false threat profiles against a series of Canadian Arab Muslims that led to severe consequences for those wrongly labeled?

​

Dear Matthew,

Your thoughtful response to Michelle Shephard’s recent article “Omar Khadr’s Sister Detained in Turkey” is much appreciated. The long history of media misinformation and demonization of Omar and his family has had profound implications ​for​ this appalling case of injustice. Thank you for your efforts to hold journalists accountable.

Our group has been advocating for fair and balanced media reporting on all aspects of Omar’s case and Michelle Shephard has frequently been​ a​ ​target of criticism​, especially since Omar’s release on bail.

While most reporters now include the term “widely-maligned” when referring to the Guantanamo process which “convicted” Omar, Shephard does not. Despite a long history with the case, she continues to mislead readers to believe that Omar’s ​”​guilt​y plea”​ ​before​ ​a​ U.S. military commission was ​the result of ​a legitimate judicial process-which it certainly was not.

We encourage the media to be aware of the following relevant information:

Omar Khadr did not “plead guilty”, was not charged with crimes or “war crimes” and was not sentenced. The terms, plead guilty, crimes and sentenced are all words understood to refer to known concepts within our criminal law system. Crimes are violations of statutory penal law; war crimes are serious violations of international humanitarian law; a guilty plea is the accused’s freely and voluntarily given confession in open court to the crime(s) with which he has been charged; statements not made voluntarily are inadmissible; sentencing is the judgement made by a court after an accused is convicted according to law. Imposition of sentence, as done by the Guantanamo Bay military tribunal, “without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized people” is a gave breach (i.e. a crime) of the Geneva Conventions and a crime in Canada. In the Omar Khadr case there were no war crimes and no guilty plea and the imposition of sentence was itself a crime.

The ​use of these terms, invite ​readers ​to ​accept falsehoods which in turn legitimize atrocious violations of Omar Khadr’s rights, prevent the remediation recommended by the United Nations Committee against Torture and shield state authorities from accountability.

We very much appreciate your support.

In solidarity for truth and justice,

Kathy Copps
The Free Omar Khadr Now-campaign