DONATE TO THE FREE OMAR FUND

 


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

  • 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; FreeOmar.ca@gmail.com


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


 

Omar Khadr Changed My Life

By Sara Naqwi – Free Omar Khadr Now


In helping edit this article, a personal note of deep gratitude to Marlene Cuthbert, who was passionate and completely devoted to seeing justice brought to her friend, Omar, until her last days.
Marlene passed away on March 25, 2015.


I was twenty-five years old when I first saw Omar Khadr’s young face, staring back at me through my laptop screen. The innocence in his big brown eyes combined with the sombre expression drew me in; the straight-backed posture which is typically alien on a teenager confirmed he was staring into the lens of a camera for a passport photo, perhaps being told by the cameraman to remain expressionless, yet the photograph still captured his cheerful disposition. There was a trace of a faint moustache on his baby face, with a hint of a smile in his eyes and mouth. This was a photograph of a young boy, who was barely fourteen years old.

I was completing my final year of Bachelors in English from a Canadian university and had decided to take a course, “Introduction to Law and Justice”, out of curiosity. One of the assignments I was asked to write about was on Omar Khadr’s case, and that is how I came to know about the young man who was to become an integral part of my life eventually. When I scanned the details of his case online, I was overwhelmed by the amount of heavy information revolving around this child. The words Guantanamo Bay, torture, war on terror, indefinite detention combined with the images of hooded men in orange jumpsuits, chained like animals and caged under the blazing sun in Cuba, where the prison is based, confounded me. I knew it was wrong – who wouldn’t be horrified by this abnormal treatment of human beings? – but I couldn’t fully appreciate the gravity of the situation. Even though I was aware of how Muslims had suddenly become targets of racism since 9/11, and Continue reading

Call for Fair Reporting on the Omar Khadr case

One of the main goals of the Free Omar Khadr Now-campaign is to hold the media accountable for proper coverage of all aspects of Omar’s case. While there has been significant improvement in the way the mainstream media covers the story, misinformation, inaccuracies and lies continue to be printed!

Below the usual falsehoods that Canadian media imposes on us and our call for factual, fair reporting, voiced by Gail Davidson of Lawyers Rights Watch Canada:
Juridical Facts in Omar Khadr's case

Misinformation, inaccuracies and lies continue to be printed by the mainstram media in their covering of the Omar Khadr story. Their legally and factually wrong reporting is dangerously misleading.

Mr. Khadr cannot reasonably (or legally) be considered to have ‘admitted’ to the U.S. accusations against him. In October 2010 Mr. Khadr had been arbitrarily (i.e. without legal justification and without access to judicial oversight to determine the illegality of his detention or his treatment) for over 8 years.

Throughout that 8+ year period Mr. Khadr was subjected to a variety of torture and other cruel, inhumane and degrading punishment and treatment, first at the notorious Bagram prison and then at the extra-legal Guantanamo Bay prisons. His treatment throughout is prohibited by U.S., Canadian and international law binding on the U.S. and Canada. In advance of his October 2010 scheduled appearance before the Guantanamo Bay tribunal, it was known by all that this process –the Gitmo tribunal– would not result in Mr. Khadr gaining his freedom. In August 2010, the White House had issued a public statement confirming the U.S. intention to continue to hold Guantanamo Bay prisoners indefinitely, irrespective of a finding of not guilty by the Guantanamo Bay tribunals. Mr. Khadr’s acceptance in October 2010 of the ‘get out of jail in eight years and go back to Canada in one year’ plea bargain offered by the U.S. would not be considered by any properly constituted court in Canada as an ‘admission’ that could be used or relied upon, to establish guilt.

Having been obtained by torture and other impermissible coercion, Mr. Khadr’s acceptance of the plea bargain is not and cannot be considered, an admission of guilt. This is a principle of law well understood by the public. The mainstream media’s insistence on referring to Omar Khadr as a convicted murderer invites listeners/readers to assume that the media knows of factors unknown to listeners/readers, that render the wholly illegal capture, detention, treatment and extraction of statements through the use of torture, the charging and ‘conviction’ of Omar Khadr, as somehow (exceptionally) legal and justified.

For several years, Canadian mainstream media has persisted in parroting the erroneous pronouncements of the very governments implicated in the horrific and illegal maltreatment of Omar Khadr.

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: lrwc@portal.ca
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.


Medic meme


Khadr argues U.S. judge violating federal law

By Colin Perkel — Nov 6 2014

TORONTO – The judge presiding over Omar Khadr’s challenge to his conviction by U.S. military commission may himself be committing a federal crime by maintaining a law practice, according to allegations contained in new court documents.

In an unusual application to the Court of Appeals for the D.C. Circuit this week, lawyers for the former Guantanamo Bay prisoner call for Judge William (Bill) Pollard to be thrown off the panel dealing with the Canadian’s appeal.

They argue that two federal statutes — one dating back 200 years — clearly prohibit a judge from continuing to work as a lawyer.

“Khadr has a right to a properly qualified court,” Sam Morison, Khadr’s Pentagon-appointed lawyer, said from Washington.

“If there’s a disqualified judge, that undermines any decision that they make.”

Read the full article here > http://www.nationalnewswatch.com/2014/11/06/khadr-argues-u-s-judge-violating-federal-law/#.VFyQGPnF8Tu

The Education of Omar Khadr

In the November issue of Walrus magazine, readers can learn more about the personal life of Omar Khadr through the eyes of his volunteer teachers, in particular Arlette Zinck, Professor of English from Kings College University Edmonton. Up to now, Canadians have never hear Khadr tell his own story as the Canadian government has refused all requests from the media to interview him.

Here are a few excerpts from that article:

“Also out of the ordinary that day: the teacher-student roles had been reversed, and Khadr was instructing Zinck. The prisoner had a math final coming up, one of three remaining grade eleven courses, and he needed practice. “He’s a natural science guy,” she explained a few weeks later, when I met her at her house. Math energizes him; it is a more purposeful and logical discipline than literature, sociology, or law. Zinck, on the other hand, is more comfortable discussing John Bunyan and William Shakespeare—“How absolute the knave is!”—rather than absolute numbers”

“She soaked the lessons in CanLit classics, representing every province and territory—from BC’s Obasan, Joy Kogawa’s story of Japanese internment camp survivors, to PEI’s Anne of Green Gables . “If you’re dreaming of home,” she said, “we’ll structure it around a collection of novels about home.”.

“If he were a university student of mine, he would be in the top 5 percent,” said David Goa, director of the University of Alberta’s Chester Ronning Centre for the Study of Religion and Public Life. Zinck asked Goa to teach the prisoner-student about the intersections of faith and science. “I left thinking that this young man, somehow, by the grace of God, has turned prison into a monastery,” Goa recalled.


Read the full article by Omar Mouallem in the November issue of Walrus magazine: The Education of Omar Khadr: A student and teacher cultivate an unlikely friendship


CBC Coverage of Omar Khadr has Misrepresented the Truth

By Kathleen Copps, Free Omar Khadr Now Committee | October 03, 2014


To Esther Enkin, CBC Ombudsperson

Re: CBC Ombudsperson’s Response to Kathleen Ruff

 

Dear Ms. Enkin:

From its very title, “The Contentious Case of Omar Khadr”, your dismissal of Kathleen Ruff’s complaint reflects an erroneous assumption that details of the case are open to legitimate debate. This opinion is further revealed in your statement: “It is unrealistic, and not required by policy, to provide all sides of an issue in one short radio news script.” A request for factual reporting cannot be dismissed as one side of an issue.

Kathleen Ruff (former  B.C. Human Rights Commissioner) rightly claimed that by referring to Omar Khadr as “a Canadian who pleaded guilty in a U.S. military court to war-crimes charges”, the CBC ignored crucial facts and thereby contributed to misleading and biased reporting. The terms “pleaded guilty”, U.S. military ‘court’ (in fact, there was no court; only an extra-judicial military ‘commission’) and “war crimes” all imply a lawful legal process-which Omar Khadr was denied. A news item which refers to a guilty ‘plea’ without mention of its inadmissibility in a Canadian court, is grossly misleading and disreputable reporting. You quote Jack Nagler (Director of Journalistic Public Accountability and Engagement) that: “Breaking news is not the place for context or nuance”. We agree. It is therefore particularly critical that ‘breaking news’ be scrupulously accurate and not carelessly convey information in direct contrast to the truth. In any case, Omar Khadr’s legal status cannot be considered a part of breaking news. As you pointed out, you have had 12 years to familiarize yourself with the illegalities surrounding the case.

By leaving out essential details (for example: the illegitimacy of the military commission, use of torture to obtain information and extract confessions, violations of Canadian and International guarantees for due process etc) the CBC presented another  misrepresentation of the facts. How can a news article which highlights Omar’s “guilty plea” not point out that the procedure was a judicial sham, a U.S. military kangaroo court deemed illegal by both the U.S. Supreme Court and the Geneva Conventions,  that he had been tortured, that he was 15 when he was taken captive, that the Canadian Supreme Court has found our government to have been complicit in the violation of his fundamental rights and that the UN Committee against Torture has ruled that Canada redress the violation of those rights?

You rejected Ruff’s complaint because: “Practically speaking, it’s impossible to include all or even a good part of that disputed and often contradictory information in one brief radio news report.” Ms. Ruff did not request that contradictory information be included in your report: ironically, it was her request for the facts that you dismissed.

The stronger one’s convictions about an issue, the stronger the conviction that one’s views should be emphatically reflected.” How disturbing that the CBC, our national public broadcaster, can reduce Ruff’s insistence that the international right to a fair trial and freedom from torture, are merely her personal and subjective “views”. How can we then differentiate your news organization – with its mandate to inform and enlighten Canadians – from other media outlets with much less lofty goals? Why should we care about the future of the CBC if it is not committed to reasonable and accurate reporting in a case that according to Constance Blackstone (Distinguished Professor of Law, University of Ottawa) enshrines the defining moment of our time.

Your rejection of Kathleen Ruff’s complaint is highly troubling because it attests to the fact that the CBC does not appreciate either the unique nature of this case or its relevance for the future of human rights in Canada. A young Canadian, the only Westerner to be released from Guantanamo and imprisoned in his native country, is, two years later, still behind bars and subjected to overt government intervention to keep him there. The fact that you see the case as “contentious” is because CBC has abrogated its responsibility to “inform and enlighten” citizens regarding our government’s complicity in the detainment and torture of a juvenile, their defiance of a unanimous vote of parliament, their refusal to abide by a Supreme Court ruling, their violation of the fundamental rights of a citizen, their maintenance of an illegal incarceration and their unrelenting efforts to demonize Omar Khadr and promote irrational fears and racial bigotry

Please review your dismissal of Kathleen Ruff’s criticisms and offer some reassurance that the CBC is committed to factual reporting and not manufacturing a mythical debate which promotes a continued travesty of injustice for Omar Khadr.

Kathleen Copps,
Free Omar Khadr Now Committee


 

FREE Omar Khadr Now Campaign 

E        freeomarkhadrnow@gmail.com
W       www.freeomarakhadr.com
FB      please follow: Free Omar Khadr Now

“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.    

 


 

 

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: lrwc@portal.ca
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.

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:

  • 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 freeomarkhadrnow@gmail.com

 

“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:


 

 

PETITION | FREE Omar Khadr NOW


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


Nobel Prize winner Tutu: “Why I called Omar Khadr”

By Stephen Coan, The Witness – South Africa | 10 Jul 2014Witness - Why I called Omar Khadr

ARCHBISHOP DESMOND TUTU: “It has been galling in the extreme to discover that those in other countries who even helped us overthrow our oppressive system of apartheid, should have no qualms it seems in employing the same discredited methods as those of a system they purported to oppose.”

ON May 30 while attending the “As Long As the Rivers Flow: Coming Back to the Treaty Relationship In Our Time” conference in northern Alberta, Canada, Archbishop Desmond Tutu took time out to telephone Omar Khadr, who is currently ­being held in Bowden prison after spending 10 years in the Guantanamo Bay ­detention camp.

Khadr is a Canadian citizen who at the age of 15 and severely wounded was captured following a firefight in the village of Ayub Kheyl in Afghanistan on July 27, 2002. He was subsequently held and interrogated at the Guantanamo Bay detention camp, the U.S. military prison located within the Guantanamo Bay ­Naval Base in Cuba.
After lengthy interrogation, Khadr was accused of killing an American soldier and planting mines targeting U.S. convoys.

In 2010 a U.S. military tribunal sentenced Khadr to 40 years in prison but thanks to him pleading guilty in a plea agreement to charges of war crimes, including murder of a American soldier “in violation of the laws of war”, spying and aiding terrorism, he was given an eight-year sentence, which did not include time already served. This included a transfer to Canada to serve the remainder of his sentence after a year according to a diplomatic agreement between the U.S. and Canada.
At the time his lawyers said a guilty plea was the only way he could get out of Guantanamo, where he otherwise faced indefinite detention even if he was acquitted.

The Toronto-born Khadr has since appealed his convictions on the basis that what he was convicted of doing as a 15-year-old was not a war crime under either American or international law.
Khadr’s case has divided Canada — where he was moved to in 2012. There Khadr is either viewed as an unrepentant terrorist or as a child soldier who underwent a mockery of a trial totally at odds with international law on how child soldiers should be treated. The “Free Omar Khadr Now” campaign is calling for his release and rehabilitation.

Khadr is currently being held in Bowden Institution, a medium security prison in the province of Alberta.
On Tuesday the Alberta Court of ­Appeal ruled that the now 27-year-old Khadr should be serving a youth sentence in Canada, and should not be in a federal prison. However, the federal government said it plans to appeal the ruling and will apply to delay the transfer while it asks the Supreme Court to hear the case.

It was at Bowden that Khadr received the telephone call from Tutu.

Tutu told The Witness that he had been asked to contact Khadr by ­Arlette Zinck, Associate Professor of English, King’s University College, ­Alberta, who has been teaching Khadr in prison, but “more fundamentally, I would be interested in anyone I think has been dealt with unjustly”.

Tutu has been a vocal critic of the existence of Guantanamo prison and the U.S. use of non-judicial procedures to imprison people there, frequently comparing this to similar practices of detention without trial in South Africa under apartheid. “Many people were incarcerated [in South Africa] for endless periods, held in solitary confinement simply on the say so of some lackey of an unjust and oppressive system. It has been galling in the extreme to discover that those in other countries who even helped us overthrow our oppressive system of apartheid, should have no qualms it seems in employing the same discredited methods as those of a system they purported to oppose,” he said.

“One reason why President Obama was elected the first time round was that he promised he would shut down Guantanamo Bay,” said Tutu. “I am hugely disappointed that he has not fulfilled a very important promise.”
Asked if he thought Khadr was innocent or guilty, Tutu said his views were “quite irrelevant”.
“The point is that he was tried not in an open court, where he could been represented by a lawyer of his choice. This is apart from the fact that when he was arrested, he was only 15 years of age, a minor by every credible assessment and at the very least to have been charged as the minor that he was.”

Tutu said it was “unconscionable” that Khadr, following a “travesty of a trial, where he was treated as an adult in a vicious kangaroo court”, should be languishing in jail and that his own country Canada should be an accomplice in holding him in prison.
“This is an example of a horrible miscarriage of justice and that in a modern democratic state.”
Speaking to Khadr on the telephone, Tutu said he was “pleasantly surprised at how calm and un-bitter” Khadr sounded. “We just exchanged pleasantries. But he really impressed me in that short conversation as a gentle and sensitive person … “

“He later wrote a very nice note thanking me for taking the trouble to call him … He struck me as a very gentle and caring and courteous human being who does not belong where he is at present. The Canadian authorities would do their stature much good if they released him immediately.”

Today the appeal decision regarding a judgment given last year denying Khadr’s transfer to a provincial (non-maximum security) institution and access to educational and parole opportunities will be filed online from the Alberta Court of Appeal.

WHO IS OMAR KHADR:

OMAR Khadr was born in Toronto in 1986. His parents Ahmed Khadr and Maha el-Samnah, were Egyptian and Palestinian immigrants who became Canadian citizens. His father worked for various NGOs bringing aid to Afghanistan and Khadr spent his childhood moving back and forth between Canada and Pakistan.

In 2002, his father left the 15-year-old with a group associated with Abu Laith al-Libi — a senior leader of the Al-Qaeda movement in Afghanistan who was subsequently killed in a 2008 drone strike. Khadr is said to have received weapons training with the group.

On July 27, 2002, a military force comprising American soldiers and Afghan militia were on a reconnaissance mission in the village of Ayub Kheyl during which five men were seen in a house with AK47s. A call to surrender was met with gunfire. Reinforcements were called for and in a subsequent firefight four U.S. soldiers were wounded. An air strike was called in and the houses were strafed and bombed by Apache helicopters and F-18 Hornets.
Meanwhile more reinforcements had arrived that saw the ground troops number around 100. Investigating the ruins of the bombed houses it was found that two wounded people had survived, one was Khadr. At some point a grenade was thrown that wounded Sergeant Christopher Speer, who subsequently died of his injuries.

One of the wounded men was later killed while Khadr, who was wounded by shrapnel and subsequently lost the sight in his left eye, was shot twice in the back. Initially he was thought to be dead but when it was ascertained he was still alive he was taken by helicopter to Bagram Airbase in Afghanistan.
During the 11 years Khadr spent at Guantanamo, he spent the majority of that time in solitary confinement shackled to the floor of his cell and medical treatment was withheld that could have prevented the loss of sight in his left eye. According to one source, while his severe chest wounds were “still raw, Khadr was hooded, his wrists shackled to the ceiling and made to stand for hours”.

For the last 10 years Khadr has been represented pro bono by lawyer Dennis Edney.

After Khadr was telephoned by Archbishop Tutu in May, Edney said that “Omar was delighted and honoured” to speak to Tutu. “The conversation was a spiritual discussion between them that helped to further strengthen Omar’s belief in humanity, notwithstanding all he has suffered.”
It was further reported that Edney said that through his studies, Khadr is familiar with Tutu’s critical role in ending apartheid in South Africa and then running our Truth and Reconciliation Commission.

Kathleen Copps, a member of the Free Omar Khadr Now committee, told The Witness that Khadr felt “extremely blessed to have had the opportunity” to talk to Tutu. “As part of his reading programme, Omar had been inspired by Nelson Mandela’s Long Walk to Freedom and the struggle to end apartheid, so speaking with Tutu was especially significant for him.”


[PDF] of original article by Stephen Coan, Tutu: Why I called Omar Khadr, The Witness – South Africa | 10 Jul 2014


Article in Edmonton Journal during visit Tutu in Canada | June 7, 2014:

When Archbishop Desmond Tutu came to Fort McMurray last weekend, Alberta’s oilsands and native rights were his major concern. But in the days before the conference, the Nobel Peace Prize winner and human rights activist added a small personal task to his busy schedule.

After a press conference on Friday May 30, Tutu found a quiet corner and placed a phone call to Bowden prison where Omar Khadr, 27, held in Guantanamo prison for 10 years, was waiting …  → Read more here.

via spratt@edmontonjournal.com


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