Combatant Status Review Tribunal {{wikisource-multi were held. The
Supreme Court of the United States ruled in June 2004
Hamdi v. Rumsfeld that detainees are entitled to limited rights of
due process. Consequently, the
Department of Defense instituted "
Combatant Status Review Tribunals". On August 31, 2004, a Summary of Evidence memo was prepared for Khadr's Combatant Status Review Tribunal. The summary alleged that he had admitted he threw a
grenade which killed a U.S. soldier, attended an
al Qaida training camp in
Kabul and worked as a translator for
al Qaida to coordinate
land mine missions. In addition, he was accused of helping to plant the landmines between Khost and
Ghardez, and having visited an airport near Khost to collect information on U.S. convoy movements. His actual tribunal was convened on September 7, as Panel #5 reviewed his status in the detainment camp. The tribunal concluded that Khadr was an "
enemy combatant" and a one-page summary of conclusions was released on September 17.
O.K. v. George W. Bush Following the US Supreme Court ruling in
Rasul v. Bush (2004) which established that detainees had the right of
habeas corpus to challenge their detentions, Khadr's maternal grandmother Fatmah el-Samnah, acting as
next friend, filed a
civil suit against the United States on Khadr's behalf on July 2, 2004, to challenge his detention. The suit was titled
O.K. v. George W. Bush, since Khadr was still a minor at the time of its filing. On September 21, 2004, more than sixty Habeas motions filed by Guantanamo detainees were transferred to a single suit before senior Judge
Joyce Hens Green for coordination. The remaining issue in the suithaving Khadr's medical records released to his attorneys and gaining an independent medical review of his health while in custodyremained with Judge
John D. Bates.
First tribunal In 2005, the United States announced that they were assembling the necessary framework to hold newly crafted
Guantanamo military commissions. Believing that Khadr's case represented one of the "easiest" cases to prove, the United States selected him as one of ten detainees to be charged under this new system. The chief prosecutor
Fred Borch attracted internal complaints (discussed publicly in 2006) while court challenges to the process were proceeding. He was replaced by
Robert L. Swann, who was replaced in September 2005 by Col.
Morris Davis. On November 7, 2005, Khadr was formally charged with murder by an
unprivileged belligerent, attempted murder by an unprivileged belligerent, aiding the enemy and conspiracy with
Osama bin Laden,
Ayman al Zawahiri,
Sayeed al Masri,
Muhammad Atef,
Saif al-Adel, Ahmed Khadr "and various other members of the al Qaida organization". The United States government informally indicated they would not seek the
death penalty for Khadr. On December 1, 2005, the officers were appointed to Khadr's specific commission. Capt. John Merriam was made Khadr's official defence attorney, but agreed with counsel Muneer Ahmad that he lacked trial experience as a defence attorney, and both men requested that he be replaced. Lt. Col.
Colby Vokey was named as Merriam's replacement. On January 11, 2006, Khadr appeared at his pre-trial hearing wearing a
Roots Canada T-shirt, leading judge
Robert Chester to order him to wear more suitable attire in the future. Chester insisted that both the prosecution and defence stop referring to Khadr as "Omar" and instead use "Mr. Khadr" to denote the serious nature of the charges facing him. Khadr and the other nine detainees who faced charges were transferred to solitary confinement on March 30. Six days later, Khadr wrote a note to the court saying, "Excuse me Mr. Judge, ... I'm being punished for exercising my right and being co-operative in participating in this military commission. For that, I say with my respect to you and everybody else here, that I'm
boycotting these procedures until I be treated humanely and fair." The commissions were struck down as unconstitutional on June 29, 2006, by the U.S. Supreme Court ruling in
Hamdan v. Rumsfeld, which stated that "The military commission at issue lacks the power to proceed because its structure and procedures violate both the
UCMJ and the four
Geneva Conventions signed in 1949." Davis resigned as the Guantanamo prosecutor on October 6, 2007, hours after
William Haynes was made his superior officer. Davis stated this was due to Haynes' support of water-boarding as an interrogation tactic. Davis was told by his superiors to silence his criticisms.
Second tribunal After the
Military Commissions Act of 2006 (MCA) was signed in October 2006, new charges were sworn against Khadr on February 2, 2007. He was charged with Murder in Violation of the Law of War, Attempted Murder in Violation of the Law of War, Conspiracy,
Providing Material Support for Terrorism and Spying. Khadr petitioned the US Supreme Court to review the legality of the military commission and his detention, but this request was denied in April 2007. On June 1, Edney said that he would not seek any
plea bargain for Khadr that would likely see him serve 30 years in prison.
Peter Brownback dismissed the charges three days later, stating that Khadr had been previously classified as an "enemy combatant" by his Combatant Status Review Tribunal in 2004, while the Military Commissions Act only granted him jurisdiction to rule over "
Unlawful enemy combatants". On September 9, 2007, charges were reinstated against Khadr after the
Court of Military Commission Review overturned Brownback's dismissal, stating that the tribunal could determine the legality of a detainee's status for itself. On October 9, Jeffrey Groharing argued that the prosecution should not be required to identify their witnesses, stating that Khadr was "certainly capable of exacting revenge" against witnesses if he were allowed the
right to face his accusers. Brownback ruled that while the defense attorneys had the right to know the identity of the witnesses, that information could not be given to Khadr himself. In November, while prosecutors were "desperately" trying to introduce the 27-minute video found in the wreckage, the tape was leaked to the media by an unknown source and shown on
60 Minutes. Four months later, Kuebler stated that following conversations with the show's producers, he believed that the video was leaked by Vice President
Dick Cheney's office. The
United Nations requested that
Radhika Coomaraswamy, special representative for children in armed conflict, be allowed to watch the tribunal, but the request was denied. In January, the defence put forward three separate motions to dismiss the trial, arguing that it violated the Constitutional prohibition against
bills of attainder, that the commission lacked jurisdiction because Khadr had been a minor when the incident occurred and that there was a lack of subject matter jurisdiction. Sixteen days after the February 4 hearing on the motions, Brownback dismissed the first claim. He dismissed the second claim in April, but has reserved judgment on the third. February also saw the accidental release of a five-page "OC-1" witness report to reporters, which revealed that Khadr had not been the only survivor in the compound, as previously claimed, and that nobody had seen him throw the grenade. Officials insisted that the reporters all had to return their copies of the document or face expulsion from the hearings, but after a 90-minute standoff between reporters and military officials, it was agreed that they could retain their copies of the report, but had to
redact three names from the report. was built at Guantanamo to house the second tribunal trials. In March, Kuebler insisted that "Lt. Col. W." had initially written in his report the day after the firefight that "the person who threw a grenade that killed Sgt. 1st Class Christopher J. Speer also died in the firefight", implying that the grenade had indeed been thrown by the surviving Mujahideen, and not by Khadr. The report was rewritten months later to say that the grenade thrower had been "engaged", rather than "killed", changing the wording that exonerated Khadr. In response, Brownback ordered that the commander be made available for an interview by the defence counsel no later than April 4. and postponed the scheduled May 5 date for the murder trial to begin, while prosecutor Groharing urged Brownback to begin the trial as soon as possible, stressing a "need for justice" for Speer's widow. On May 8, 2008, Brownback threatened to suspend the military hearing if prosecutors did not provide the defense with a number of documents, including an al-Qaeda membership list, documents on the relationship between al-Qaeda and Abu Laith al-Libi's
Libyan Islamic Fighting Group, copies of the Detainee Information Management System records related to Khadr's treatment in Guantanamo, documents on the use of children by al-Qaeda, investigator notes of witness interviews, details about the militants who were killed in the 2002 firefight, and others. Prosecutors did agree to turn over the videotape of Canadian intelligence official Jim Gould and Canadian Security Intelligence Service (CSIS) agents interrogating Khadr in February 2003, but said they would "alter the tape" to hide the identity of the interrogators. Parrish, known as "Rocket Docket" for his tendency to speed through trials, immediately ordered a court date of October 8, 2008. On September 4, Parrish barred
Brigadier General Thomas W. Hartmann from participating in the Tribunal because of his "undue command influence", the third such trial Hartmann was accused of trying to corrupt. On October 22, 2008, it was revealed that the Prosecution had given the Defense team an incomplete version of Khadr's medical records five months earlier, and Parrish granted a delay citing the "consequences" of the decision for the prosecution. In December, the Prosecution announced it was withdrawing its intended witness who was to testify that Khadr had confessed to the crimes in December 2004 during interrogation, ostensibly to "cover up" the abusive methods used to make Khadr confess.
Supreme Court of Canada ruling on disclosure Khadr's defence attorneys claimed that the Canadian government acted illegally, sending its counsel and CSIS agents to Guantanamo Bay to interrogate Khadr and turning their findings over to the Tribunal prosecutors to help convict Khadr, and that the release of the documents might help prove Khadr's innocence. could jeopardize national security. Critics alleged that the refusal to release the classified documents was due to the "embarrassment" they caused the government. On May 23, 2008, the Supreme Court of Canada ruled unanimously that the government had acted illegally, contravening
Section Seven of the
Charter of Rights and Freedoms, and ordered the videotapes of the interrogation released. A Canadian documentary, ''
You Don't Like the Truth: Four Days Inside Guantanamo'' (2010), was made based on the footage of interrogations of Khadr by Canadian intelligence while he was held at Guantanamo.
Guilty plea On July 7, 2010, less than one week before the beginning of preliminary hearings in his trial before a military commission, Khadr fired his entire team of lawyers and announced that he would act as his own legal defense. Later in the month, Khadr accepted Lieutenant Colonel Jon S. Jackson as his lead defense counsel. On October 25, 2010, Khadr pleaded guilty to the murder of Speer in violation of the laws of war, attempted murder in violation of the laws of war, conspiracy, two counts of providing material support for terrorism and spying. Under the plea deal, Khadr would serve at least one more year in Guantanamo Bay before any transfer to Canadian custody. Canadian authorities denied any agreement to repatriate Khadr. On October 29, 2010, after taking the stand, Khadr apologized to the widow of Speer stating "I'm really sorry for the pain I caused to your family. I wish I could do something to take that pain away.", and further stating that his eight years in prison had taught him "the beauty of life".
United Nations reaction to Khadr trial Anthony Lake, the executive director of the
United Nations Children's Fund (UNICEF) and former U.S. national security adviser, expressed opposition in 2010 to the plan to prosecute Khadr by a tribunal. He said, Anyone prosecuted for offences they allegedly committed as a child should be treated in accordance with international juvenile justice standards providing special protections. Omar Khadr should not be prosecuted by a tribunal that is neither equipped nor required to provide these protections and meet these standards. Radhika Coomaraswamy, the
UN Secretary-General's special representative for children and armed conflict, wrote in a 2010 statement that the proposed trial violated international legal norms and "may endanger the status of child soldiers all over the world." "Since World War II, no child has been prosecuted for a war crime," Coomaraswamy said in a statement distributed by the U.N. on the eve of Khadr's trial at Guantánamo.
Sentence ruled complete On March 25, 2019,
Mary Moreau, Chief Justice of Alberta's Court of Queen's Bench, ruled that Khadr had “served a period of community supervision that is in substance the conditional supervision portion of his sentence.” The
Edmonton Journal explained that Moreau's ruling did not mean she was altering his sentence, which would be barred by the 2004
International Transfer of Offenders Act (ITOA) and the
1978 U.S.-Canada prisoner exchange treaty. Rather, she concluded that his bail conditions were very similar to those that would have been imposed upon him if he had been given parole. Because an earlier court had already determined that Khadr was covered by the Canadian
Youth Criminal Justice Act, her ruling was not subject to review. ==Repatriation==