Khadr terror case referred to rights watchdog
Lawyer says U.S. trial violates pact
`Canada's silence very surprising'
Mar. 9, 2006. 05:19 AM
TIM HARPER
WASHINGTON BUREAU
WASHINGTON—U.S. lawyers for Toronto teenager Omar Khadr are going before an international human rights organization in a bid to suspend his upcoming trial for murder.
Lawyers will make their case Monday before the Inter-American Commission on Human Rights, arguing the U.S. military commission trial violates international treaties dealing with child combatants and juvenile justice.
Sheku Sheikholeslami, a student lawyer who will be arguing the case under the direction of Khadr's American attorney Richard Wilson, says they will be filling the void left by the Canadian government.
"The international community has expressed its outrage over the detainees at Guantanamo,'' she said. "Even the British have spoken out to defend their nationals.
"Canada's silence on the matter is very surprising and its lack of action to protect its own citizens is more than disappointing. It goes against its obligations to uphold the rights of its children.''
Khadr, 19, was captured in Afghanistan when he was 15-years old and transferred to the U.S. naval prison at Guantanamo Bay, Cuba, just after his 16th birthday.
He is charged with murder and other crimes after allegedly tossing a grenade that killed U.S. 1st Class Sgt. Christopher Speer and injured Sgt. Layne Morris as they approached a mud hut in which he was hiding during battle in 2002.
His next appearance at a military tribunal is set for April 3.
"No international criminal tribunal, at least from Nuremberg on, has charged or tried anyone for war crimes alleged to have been committed as a juvenile under the age of 18 at the time of the alleged offences,'' documents filed in support of Khadr assert.
"Trial by military commission will cause irreparable harm to Omar because the military commission process is inherently and deeply flawed, and does not comport with international standards of juvenile justice or the most fundamental guarantees of due process under international law.''
In background documents, Khadr's lawyers refer to him as a "kind, respectful and clean'' child who would help with household chores and loved feeding the pigeons at Scarborough Bluffs Park.
"Omar enjoyed school,'' the documents state. "He loved to read and worked hard to achieve in classes. He always obeyed the rules in class, never skipped and always did his homework.''
The human rights commission is an agency under the auspices of the Organization of American States, but there is no indication Washington would abide by any recommendation that favours suspending proceedings against Khadr.
There is a better chance the U.S. Supreme Court will rule on the constitutionality of the Guantanamo Bay hearings before Khadr's case comes to trial.
Posted by marga at March 9, 2006 10:15 AM | TrackBack