Omar Khadr has been a prisoner in Guantanamo Bay for six years, and remains the last foreign citizen remaining at the prison. Recently Canadian opposition parties sent President Barack Obama a letter requesting his release into Canadian custody.
Federal Court Ruling On Khadr
22-year old Omar Khadr faces numerous charges including murder and attempted murder stemming from his involvement in a firefight in Afghanistan.
Earlier this year he was supposed to face trial for his crimes, but that process has been stalled by President Obama’s executive order to close the prison. American Attorney General Eric Holder is undertaking the judicial review, and trying to decide if prisoners should be released, or forced to stand trial in the United States. Legal experts say if he is returned to Canada, Canadian authorities will be unable to try him.
Khadr has allegedly faced various forms of torture including sleep deprivation and isolation. He has launched a charter challenge protesting Canada’s refusal to bring him home violated his rights. Federal Justice James O’Reily agreed.
According to cbc.ca O’Reily’s ruling stated Canada’s refusal to repatriate Khadr was a violation of fundamental justice: “The ongoing refusal of Canada to request Mr. Khadr’s repatriation offends a principle of fundamental justice and violates Mr. Khadr’s rights.” He continued to say that Canada should immediately request Khadr’s return.
Reaction to Federal Court Ruling
The Conservative Government’s policy on the Khadr case has been to allow the legal process to take its course. In remarks published by the Associated Press Prime Minister Stephen Harper indicated that the attitude hadn’t changed: “The facts in our judgment have not changed. We will be looking at the decision very carefully and obviously considering an appeal.”
Khadr’s lawyers are pleased with their victory. In comments published by the Associated Press, his Edmonton based lawyer Dennis Edney said the ruling emphasized the government’s failure to protect his client: “It’s a real indictment of the Canadian Government.”
Khadr’s mother Maha Khadr reacted to the ruling with mixed emotions. In remarks published by the Associated Press she feared nothing would happen because of the government’s decision to appeal the ruling: “If Harper appeals, nothing can happen. We try to be happy but we can’t.”
The Khadr family has been called the “first family of terrorism.” In 2003 Pakistani militants killed Omar Khadr’s father who was rumoured to be an al-qaida financier. One of Omar Khadr's brothers is charged with supplying weapons to al-qaida, and is being held on an extradition warrant by Canadian authorities. The family is rumoured to have stayed with al-qaida leader Osama Bin Laden.
