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

Omar Khadr wins right to sue government for conspiring with US to torture him

The recent decision of Justice Mosley approving Omar’s Amended Statement of Claim (technically the Amended, Amended, Amended Fresh as Amended) marks a recognition that the acts of Canada in relation to Omar’s treatment in Guantanamo Bay need a far greater level of scrutiny than we had previously considered.27 Omar Khadr

To be clear, Justice Mosley’s approval of the Amended Statement of Claim makes no decision about whether or not Canada acted badly in its dealings with Omar while he was captive. But while the earlier versions of the Claim focused on the events surrounding Omar’s interrogation at the hands of Canadian officials, the new version looks back to when Omar was first captured, and includes the time right up to his return to Canada.

This opens up the door to a much broader evaluation of Canada’s actions and will allow the court to answer fundamental questions about the relationship between Canada and the US. Was there a conspiracy to hold Omar captive or to otherwise abuse his rights? Did Canada have a responsibility to pay closer attention to Omar’s treatment while in Guantanamo Bay? Did Canada have a duty not to assist the US authorities’ prosecution of Omar? These and other questions will now be in front of the Court as this case goes forward.

This success is not the end of the story. But perhaps with this new Statement of Claim we are one step closer to getting a full telling of Omar’s time from capture to today and the extent to which our Government participated in that process.

A copy of the Order of Justice Mosley can be found by clicking the following link: Khadr v. Canada, October 23, 2014


Source: Khadr’s Amended Statement of Claim Receives Court Sanction by Phillips Gill LLP | 2014 Oct 24


More on the matterOmar Khadr wins right to to expand $20M suit vs. Canadian government by Colin Perkel, Canadian Press | 2014 Oct 23


 

Government Interference vs the Rule of Law | Omar Khadr

The unacceptable government interference in the case of Omar Khadr first came to surface in 2009 when the Supreme Court of Canada ruled that the Canadian government was responsible for the violations of Omar Khadr’s rights under Article 7 of the Charter of Rights and Freedoms.

Many Canadians clearly understand that Omar Khadr is wrongly imprisoned, as also this recent tweet indicates :

“When people say “Omar Khadr is a terrorist, etc” then I know they’re ignorant (or sadistic) without too much examining.”

And again today, the Government of Canada is criticized, from three different angles, for their continuing interference and the unjustified detention of Omar Khadr:

1) Why is Omar Khadr still in jail? – Kathy Copps for Rabble.ca

Do tortured child soldiers belong in Canadian prisons? The fact that Omar Khadr has spent 4254 days in prison, 537 of those days in Canadian detention, should make every Canadian question the essence of our humanity and respect for the rule of law.

Omar’s recent transfer from a maximum to a medium-security prison is a hopeful indication that Correctional Service Canada (C.S.C.) is making decisions independent of prejudicial government pressure, but we have to ask ourselves why Omar is still in jail? Unfortunately for Omar, political interference in the judicial process has a disturbing history, and since his repatriation the intervention of right-wing, Islamophobic government officials, foreshadowed an unjust delay or even a complete denial of his freedom.

… read more

2) Prisons ombudsman raps officials over Omar Khadr | 3rd complaint since Omar’s return – Colin Perkel

Canadian correctional authorities have unfairly classified former Guantanamo detainee Omar Khadr even though they lowered his risk rating from maximum to medium security, the federal prisons ombudsman complains. The Office of the Correctional Investigator urges prison authorities to take into account evidence that Khadr poses minimal threat and should be classified as such.

“(Correctional Service of Canada) officials also note that there is no evidence Mr. Khadr has maintained an association with any terrorist organization,” the letter to CSC’s senior deputy commissioner states. “It is well documented by CSC officials that Mr. Khadr is fully engaged in his correctional plan and he has actively developed a strong, pro-social network of support since his incarceration.”

… read more

3) Canada: Open Letter to Ministers Peter MacKay and Steven Blaney on the Omar Khadr case -Amnesty International

We are writing to express Amnesty International’s ongoing concern that numerous, serious human rights matters remain unresolved in Omar Khadr’s case, in both Canada and the United States. A substantial amount of time has passed in his case.  It has been more than eleven years since Mr. Khadr was taken into US custody in July 2002.  It has been over four years since the second of two important Supreme Court of Canada rulings in his favour.  And it has been almost eighteen months since Mr. Khadr was transferred to Canada to serve the balance of his sentence.  It is time to resolve the outstanding human rights concerns.

As such, we urge the Canadian government to take steps to ensure full and proper review and resolution of the outstanding human rights concerns and related legal matters in Mr. Khadr’s case.  Specifically, we call on the government to appoint a sitting or retired judge and provide him or her with a mandate to examine the range of outstanding human rights and other legal concerns in Omar Khadr’s case and make recommendations to the government as to how those concerns should be resolved.

… read more