Tag Archives: court

Jan 1 2016

DONATE TO THE FREE OMAR FUND

 

TO CONTRIBUTE TO THE FREE OMAR 2017 FUND, you have the following options:

  • 1) By Paypal: [+] FREE Omar - FUND
  • 2) By Cheque, you can send to: Free Omar Campaign; P.O. Box 57112 RPO; East Hastings Street, Vancouver; V5K 1Z0 B.C.; Canada. (Please enclose your email address)
  • 3) By Bank Deposit/Interac e-transfer: Free Omar Campaign; VanCity Credit Union, Branch 13; Account number: 531590; [email protected]

On May 7, 2015, after a 13 year imprisonment, Omar Khadr was finally freed on bail. His ordeal is far from over.

There are still legal battles ahead. The Free Omar Campaign will continue its work until Omar is completely free to come and go where he wants, and until he is acquitted of all illegitimate charges applied by the widely condemned, extrajudicial Guantanamo military ‘court’. The violation of Omar’s rights must be properly remedied.

We will continue to support Omar’s pro bono lawyers with their mounting costs.

Upcoming 2017 court challenges are:

  • Civil lawsuit against the Canadian government for complicity in his arbitrary detention and cruel and inhumane treatment at the hands of the United States;
  • Appeal to the Court of Military Commission Review in the U.S. to vacate all Omar’s Guantanamo Bay ‘convictions’.

We continue to need your help and ask you to support the Free Omar 2017 Fundraising campaign. The money goes directly to Omar’s defence with no administration fees.

Your contribution makes his defence possible and brings Omar’s case closer to justice.

 

Thank you!

The Free Omar Campaign.

 

 

picture Dennis and Omar; courtesy of Krishna Lalbiharie

 
Oct 3 2014

Gail Davidson of Lawyers’ Rights Watch Slams CBC Coverage of Omar Khadr

By Gail Davidson, Lawyers’ Rights Watch Canada

Attention CBC Ombudsperson;

Re: CBC’s Reply to Kathleen Ruff’s complaint on the Omar Khadr case reporting by CBC

Omar Khadr did not ‘plead guilty’, was not charged with ‘crimes’ and has never been ‘sentenced.’

The terms, ‘plead guilty’, ‘crimes’ and ‘sentenced’ are all words understood by Canadians to refer to widely known concepts that are the underpinnings of our criminal law system. Crimes are violations of statutory penal 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; sentencing is the judgment made by a court after an accused is convicted in accordance with law. The term ‘court’ refers to a competent, impartial and independent tribunal mandated to conduct a fair hearing, according to law, and in open court. In the Omar Khadr case there were no charges no court, no guilty plea.

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 grave breach (i.e. a crime) of the Geneva Conventions and a crime in Canada.

By using these terms the CBC invited listeners to accept a description of what has transpired in the Omar Khadr case that is not only misleading but wholly false. This in turn promotes acceptance of what the law forbids absolutely, violations of rights by state authorities coupled with denial of remedies. CBC has a duty in all its reporting, to accurately convey and honour the meaning of these important words and the principles of fundamental justice they represent in our legal system: principles upon which we all depend.

I would be pleased to provide correct legal information to CBC and to contribute to fair, accurate and balanced reporting by the CBC on the Omar Khadr case.

Gail Davidson
Lawyer’s Rights Watch Canada - LRWC
3220 West 13th Avenue
Vancouver, BC CANADA, V6K 2V5
Tel: +1-604 736-1175
Fax: +1-604 736-1170
Skype: gail.davidson.lrwc
Email: [email protected]
Website: http://www.lrwc.org

Lawyers Rights Watch Canada (LRWC) is a committee of lawyers who promote human rights and the rule of law internationally by protecting advocacy rights. LRWC campaigns for advocates in danger because of their human rights advocacy, engages in research and education and works in cooperation with other human rights organizations. LRWC has Special Consultative status with the Economic and Social Council of the United Nations.

Sep 22 2014

Fund to Help Free Omar Khadr

PLEASE HELP DENNIS EDNEY, OMAR’S PRO BONO LAYWER FOR 10 YEARS, TO FREE OMAR.

To make a donation you have the following options:

  • 1) By Paypal : [+] FREE Omar Khadr NOW - FUND
  • 2) By Cheque, you can send to: Free Omar Khadr Now Committee P.O. Box 57112 RPO East Hastings Street Vancouver, V5K 1Z0 B.C. Canada (Please enclose your email address)
  • 3) By Bank Deposit/Interac e-transfer: Free Omar Khadr Now Committee VanCity Credit Union, Branch 13 Account number: 531590 [email protected]

 

“I went into Guantanamo Bay as a lawyer and I came out as a broken father.” - Dennis Edney. 

To hear Dennis Edney speak about Omar, you can watch:

 

 

Jul 22 2014

PETITION | FREE Omar Khadr NOW

[+] Click [THIS LINK] to Sign and Share the PETITION | FREE Omar Khadr NOW

May 20 2014

OMAR KHADR | FOR IMMEDIATE RELEASE | CLOSE GUANTANAMO

PRESS RELEASE | GLOBAL DAY OF ACTION TO CLOSE GUANTANAMO

NOT ANOTHER BROKEN PROMISE
NOT ANOTHER DAY IN GUANTANAMO

Where: Yonge-Dundas Square, Toronto
When: May 23, 2020 12:00-1:30 PM

Omar Khadr, Guantanamo's Child - Still in a Canadian Prison.May 23 marks the one-year anniversary of President Obama’s promise to close Guantanamo. In more than 30 cities around the world including Toronto, plans are underway for a global day of action to demand the end of indefinite detentions and the closure of Guantanamo.

Witness Against Torture and the Centre for Constitutional Rights, two human rights organizations, lead this global initiative.
This Toronto event is planned by the Free Omar Khadr Now Campaign.

To understand the story of Canadian Omar Khadr, “Guantanamo’s Child,” is to realize why Guantanamo must be shut down without delay.

In 2002, at the age of 15, Omar Khadr was captured in Afghanistan where he was tortured and abused. A few months later he was transferred to Guantanamo and held without charges until 2007, all the while being denied his legal rights, access to education and proper medical treatment for severe injuries. Fifteen juveniles were detained in Guantanamo and later freed; however, Omar Khadr was the only child left there, abandoned by his country and a decade later he was the last citizen of a Western country to be repatriated. He is the only child in modern history to be convicted of war crimes. While 6000 US soldiers died in combat, Omar Khadr is the only individual charged with killing a US soldier.

In 2006 the Military Commissions Act created new laws defining terrorism, spying and combat as war crimes. These new crimes, recognized only by the US, were applied retroactively to Omar Khadr for alleged actions in 2002. Statements obtained through torture and doctored reports were used to convict him. In a forced plea bargain in 2010, he pleaded guilty to all charges in exchange for a sentence of 8 years and repatriation to Canada.

The links include statements of the event by the Centre for Constitutional Rights and Witness Against Torture. Linked also is the handout | “What is Omar Khadr’s Story”  by the Free Omar Khadr Now Campaign which provides material key to any discussion of legal and human rights within a Canadian context.

Contact:

Michael Van Arragon:
[email protected]

Mar 24 2014

Omar Khadr and the Rule of Law

March 24, 2020
.
Dear Member of Parliament:
.
Do tortured child soldiers belong in Canadian prisons? On behalf of all Canadians who believe in the rule of law, we urge you to take a stand against the ongoing violation of Omar Khadr’s legal and human rights. The silence of Canadians inside and outside Parliament makes us complicit in a gross miscarriage of justice against a fellow Canadian. 
.
“Some cases enshrine the defining moments of their time. Omar Khadr’s is one. Future generations will rightly judge our shocking dereliction of responsibility in this matter [and] our collective Canadian failure to extend justice and humanity.” - Constance Backhouse, Distinguished University Professor of Law, University of Ottawa.
.
A Brief Overview of Omar’s case:
.
  • At 27, Omar suffers the ongoing effects of his torture and mistreatment: physical injuries, PTSD, chronic pain from infection in old wounds, and potential total blindness.
  • Omar has spent 4258 days in prison since the age of 15; including 93 days in Bagram, 3624 days in Guantanamo and 541 days in Canadian detention.
  • Although a number of children were detained in Gitmo, all were repatriated by Human Rights Watch. Omar was the only child left abandoned by his country and a decade later he was the last citizen of a Western country to be repatriated.
  • The Canadian government reluctantly transferred Omar to Canada in September 2012 and continues to issue prejudicial statements which demonize him as a “heinous terrorist”.
  • While every other Western nation released their citizens upon transfer from Guantanamo, Omar was immediately incarcerated in his native country. Instead of reintegrating him into society, Canada insists on his imprisonment under harsh conditions.
  • In 2013, the Canadian Office of the Correctional Investigator pointed out Omar Khadr showed no signs of aggressive or dangerous behaviour, and “consistently verbalized his goal to conduct a peaceful, prosocial life as a Canadian citizen.” In Guantanamo, Omar had been classified as “minimum security”.
  • Omar was offered his only chance to leave “Gitmo” by signing a “get-out-of-Guantanamo plea deal” before a universally-condemned U.S. military commission.
  • Omar’s ongoing imprisonment ignores that his plea deal was extracted with evidence obtained under torture and the Guantanamo sentence was imposed in violation of the Geneva Conventions, the Rome Statute and the Crimes Against Humanity and War Crimes Act.
  • Omar is the only child convicted of a war crime in modern history and the only person found guilty in the death of a U.S. soldier in the recent Afghanistan and Iraq wars.
  • Canada knows there is no proof of guilt, and that Omar was ‘charged’ retroactively with newly created war crimes not recognized by international or Canadian law. Any legitimate court of law would not have tried or convicted him.
  • Reports about Omar’s capture were doctored by the military and conflicting evidence does not support his charges. The only available evidence points to the innocence Omar consistently maintained. Yet he was forced into a confession of guilt, as explained by former Chief Prosecutor of Guantanamo military commissions, U.S. Colonel Morris Davis: “Our joke at Guantanamo was you gotta lose to win, cause if you get charged as a war criminal, convicted and lose you might go home. If you don’t get charged, you can sit there for the rest of your life.”
  • The Supreme Court of Canada, the Federal Court, the Federal Court of Appeal and the U.S. Supreme Court have all ruled that Omar Khadr’s rights were violated by the U.S. and Canada.
.
For further background on Omar’s case, please : 
.
  • Review the fact sheet Omar Khadr [ > link to factsheet ]
  • See the November 2013 talk [ > link to video ]: U.S. Department of Defence lawyer, Sam Morison discusses his recent appeal of Omar’s U.S. ‘conviction’ and explains why there is no legal basis for his imprisonment.
.
After viewing the above, please answer the following question (with any additional comments you would like to add) and email your answer to: [email protected] by April 22 2014.
.
  • Do you agree the Canadian government should release Omar Khadr as soon as possible and provide him with the necessary transitional programs to allow for his full participation in Canadian society? Yes/ No/ Don’t know
.
All MPs’ responses and non-responses will be shared with media and added to our website page: Politicians Speaking Out! 
.
Thank you for making your position, on this defining case, clear to your constituents and all Canadians.
.
.
Yours truly,
Members of the Free Omar Khadr Now Committee
W       www.freeomarakhadr.com
.
Contacts: Helen Sadowski and Kathy Copps
E        [email protected]
 .
.
FREE Omar Khadr Now Campaign 

The Free Omar Khadr Now Committee is a diverse group of citizens who advocate on behalf of Omar Khadr and raise awareness about the loss of his legal rights and protections.
.
Mar 10 2014

Omar Khadr and the Rule of Law

March 10, 2020
.
Dear Member of Parliament:
.
Do tortured child soldiers belong in Canadian prisons? On behalf of all Canadians who believe in the rule of law, we urge you to take a stand against the ongoing violation of Omar Khadr’s legal and human rights. The silence of Canadians inside and outside Parliament makes us complicit in a gross miscarriage of justice against a fellow Canadian. 
.
“Some cases enshrine the defining moments of their time. Omar Khadr’s is one. Future generations will rightly judge our shocking dereliction of responsibility in this matter [and] our collective Canadian failure to extend justice and humanity.” - Constance Backhouse, Distinguished University Professor of Law, University of Ottawa.
.
A Brief Overview of Omar’s case:
.
  • At 27, Omar suffers the ongoing effects of his torture and mistreatment: physical injuries, PTSD, chronic pain from infection in old wounds, and potential total blindness.
  • Omar has spent 4258 days in prison since the age of 15; including 93 days in Bagram, 3624 days in Guantanamo and 541 days in Canadian detention.
  • Although a number of children were detained in Gitmo, all were repatriated by Human Rights Watch. Omar was the only child left abandoned by his country and a decade later he was the last citizen of a Western country to be repatriated.
  • The Canadian government reluctantly transferred Omar to Canada in September 2012 and continues to issue prejudicial statements which demonize him as a “heinous terrorist”.
  • While every other Western nation released their citizens upon transfer from Guantanamo, Omar was immediately incarcerated in his native country. Instead of reintegrating him into society, Canada insists on his imprisonment under harsh conditions.
  • In 2013, the Canadian Office of the Correctional Investigator pointed out Omar Khadr showed no signs of aggressive or dangerous behaviour, and “consistently verbalized his goal to conduct a peaceful, prosocial life as a Canadian citizen.” In Guantanamo, Omar had been classified as “minimum security”.
  • Omar was offered his only chance to leave “Gitmo” by signing a “get-out-of-Guantanamo plea deal” before a universally-condemned U.S. military commission.
  • Omar’s ongoing imprisonment ignores that his plea deal was extracted with evidence obtained under torture and the Guantanamo sentence was imposed in violation of the Geneva Conventions, the Rome Statute and the Crimes Against Humanity and War Crimes Act.
  • Omar is the only child convicted of a war crime in modern history and the only person found guilty in the death of a U.S. soldier in the recent Afghanistan and Iraq wars.
  • Canada knows there is no proof of guilt, and that Omar was ‘charged’ retroactively with newly created war crimes not recognized by international or Canadian law. Any legitimate court of law would not have tried or convicted him.
  • Reports about Omar’s capture were doctored by the military and conflicting evidence does not support his charges. The only available evidence points to the innocence Omar consistently maintained. Yet he was forced into a confession of guilt, as explained by former Chief Prosecutor of Guantanamo military commissions, U.S. Colonel Morris Davis: “Our joke at Guantanamo was you gotta lose to win, cause if you get charged as a war criminal, convicted and lose you might go home. If you don’t get charged, you can sit there for the rest of your life.”
  • The Supreme Court of Canada, the Federal Court, the Federal Court of Appeal and the U.S. Supreme Court have all ruled that Omar Khadr’s rights were violated by the U.S. and Canada.
.
For further background on Omar’s case, please : 
.
  • Review the fact sheet Omar Khadr [ > link to factsheet ]
  • See the November 2013 talk [ > link to video ]: U.S. Department of Defence lawyer, Sam Morison discusses his recent appeal of Omar’s U.S. ‘conviction’ and explains why there is no legal basis for his imprisonment.
.
After viewing the above, please answer the following question (with any additional comments you would like to add) and email your answer to: [email protected] by April 22 2014.
.
  • Do you agree the Canadian government should release Omar Khadr as soon as possible and provide him with the necessary transitional programs to allow for his full participation in Canadian society? Yes/ No/ Don’t know
.
All MPs’ responses and non-responses will be shared with media and added to our website page: Politicians Speaking Out! 
.
Thank you for making your position, on this defining case, clear to your constituents and all Canadians.
.
.
Yours truly,
Members of the Free Omar Khadr Now Committee
W       www.freeomarakhadr.com
.
Contacts: Helen Sadowski and Kathy Copps
E        [email protected]
 .
.
FREE Omar Khadr Now Campaign 

The Free Omar Khadr Now Committee is a diverse group of citizens who advocate on behalf of Omar Khadr and raise awareness about the loss of his legal rights and protections.
.
Feb 22 2014

Dennis Edney awareness tour in the UK for Omar Khadr

Omar Khadr Fund for Dennis EdneyDONATION BUTTON:  < PLEASE HELP FUND THIS AWARENESS TOUR FOR OMAR KHADR>Omar Khadr tortured Canadian Child

12 - 20 March 2020 - Omar Khadr’s lawyer Dennis Edney QC speaking tour hosted by the London Guantanamo Campaign.

Talks and events

Wednesday 12 March 
- Omar Khadr and the Betrayal of International Law: a public meeting with Dennis Edney, chaired by Professor Bill Bowring at Garden Court Chambers, London. Organised by CAMPACC, the Haldane Society of Socialist Lawyers and the London Guantánamo Campaign.

  • time: 6.30 -8.30 pm
  • place:  Garden Court Chambers, 57-60 Lincoln’s Inn Fields, London WC2A

Thursday 13 March 
- Defending Guantánamo’s youngest prisoner: The struggle to free Omar Khadr. Lecture with Dennis Edney at York University Centre for Applied Human Rights.

  • time: 4.00 - 5.30 pm
  • place: Bowland Auditorium (BS/005), Berrick Saul building, University of York, Heslington, York
  • link to event: Defending Guantánamo’s youngest prisoner: The struggle to free Omar Khadr

Friday 14 March 
- An audience with Dennis Edney QC, chaired by Dr Douglas Guilfoyle at the UCL Faculty of Laws.

  • time: 1.00 - 2.00 pm
  • place: UCL Faculty of Laws Moot Court, Bentham House, Endsleigh Gardens, London, WC1H 0EG
  • link to event: An Audience with Dennis Edney QC, Chaired by Dr Douglas Guilfoyle

and
- Where is the Law in War? An Analysis of Omar Khadr’s case. Organised by the Westminster Law Review.

Monday 17 March
- Afternoon lecture with Dennis Edney at Birkbeck College, University of London. Organised by a coalition of student societies.Omar Khadr 4250 days in jail

  • time: 2.00 - 4.00 pm
  • place: Room B20, Birkbeck College, Malet Street, Bloomsbury, London, WC1E 7HX
  • link to the event on Facebook: Omar Khadr, Guantanamo’s Child: A Travesty of Justice.

and
- Dennis Edney talk on Omar Khadr at the Veterans for Peace UK event.

  • time: 7.00 - 8.30 pm
  • place: Housmans bookshop, 5 Caledonian Road, London N1
  • link to event: Dennis Edney talk on Omar Khadr hosted by Veterans For Peace UK
  • and on facebook: Dennis Edney talk on Omar Khadr.

Tuesday 18 March
- Lecture Dennis Edney at Queen Mary, University of London, organised by the Amnesty society.

  • time: 4.30 - 5.30 pm
  • place: Queen Mary University of London, Mile End Road, London E1 4NS

and
- Amnesty International event with Talks from: Dennis Edney, Aaf Post and Andy Worthington about Omar Khadr at the Human Rights Action Centre.

  • time: 7.00 - 9.00 pm
  • place: Human Rights Action Centre, 25 New Inn Yard, London EC2A 3EA.

Thursday 20 March
- Q&A with Dennis Edney QC lawyer of Omar Khadr former Guantánamo Bay prison inmate at Amnesty St John’s Wood event

  • time: 7.30 pm
  • place: the Liberal Jewish Synagogue, 28 St John’s Wood Road, London NW8 7HA (St John’s Wood, Jubilee Line)
  • More info: www.amnesty.org.uk/stjohnswood and www.facebook.com/Amnestysjw   email: @amnestysjw
Dec 13 2013

Today Omar’s security classification changed to medium

Free Omar Khadr Now Committee, December 13, 2020

Omar Khadr’s security classification has been changed from maximum to medium. Omar was transferred from Guantanamo to Canada in September 2012 and placed in a maximum security jail. This placement was harshly criticized by The Office of the Correctional Investigator (OCI). “The OCI has not found any evidence that Mr. Khadr’s behavior while incarcerated has been problematic and that he could not be safely managed at a lower security level. I recommend that Mr. Khadr’s security classification be reassessed taking into account all available information and the actual level of risk posed by the offender, bearing in mind his sole offence was committed when he was a minor.”

Omar Khadr was classified as minimum security in Guantanamo. The OCI further noted that “According to a psychological report on file, Omar Khadr interacted well with others and did not present with violent or extremist attitudes”.

Many Canadians are pleased that the new classification will allow Omar to access programs, and services. However, it doesn’t alleviate the fact that Omar’s imprisonment is an abuse of human rights and the rule of law.

Dennis Edney, Omar’s lawyer said “My position is similar to that of the Ombudsman’s office he should be classified as minimum and released.”

.

Related:

Edmonton Journal: Khadr reclassified, likely to be transferred to Bowden

Ombudsman scolds officials for branding Omar Khadr a maximum security inmate

.

Nov 8 2013

Omar Khadr appeals two court decisions

Appeal in the U.S. - Against the conviction in Guantanamo Military Court

Today, November 8, Omar and his lawyers filed an appeal in Washington, to fight his illegal conviction in a Military Court in Guantanamo, for the war crimes that didn’t exist under international law, when he was captured by the U.S. as a 15-year-old in Afghanistan in 2002. Therefor the military commission had no legal authority to try him or accept his guilty pleas. He pleaded guilty to the war crimes to get out of the Guantanamo Bay detention centre where he was held for 10 years.

Read more here:

  • Edmonton Journal: U.S. lawyer details his fight against Khadr’s war-crimes convictions
  • The Globe and Mail: Omar Khadr set to appeal war-crime convictions, incl. interview Sam Morison, Omar’s U.S. lawyer
  • The Canadian Press: Interview with Sam Morison, Omar’s U.S. lawyer about the appeal in U.S. court
  • The Star: Omar Khadr seeks to overturn Guantanamo conviction
  • The Star: Canada co-operated with U.S. in abusing Omar Khadr’s rights, lawsuit claims.
  • Phillips Gill, lawsuit claim: Omar Khadr: Why this case matters

Appeal in Canada - Against judge Rooke’s decision; that thwarts transfer from maximum-security federal prison to a provincial jail

On the 6th of November Omar and his lawyer filed an appeal against the Court of Queen’s Bench decision that denied his request to be transferred to a provincial jail. There he can finally receive appropriate rehabilitation. Dennis Edney states: “I am essentially arguing that the judge got it wrong in both fact and law”.
Omar’s detention in the Edmonton maximum-security institution is illegal because he was a child when captured by the U.S.. 

Read more here:

  • Edmonton Journal: Omar Khadr appeals court decision that keeps him in prison.
  • Macleans: Omar Khadr appeals ruling that denied his transfer from a maximum-security prison to a provincial jail.

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