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Subject: [wvns] Doubt cast on Khadr's guilt

Please visit and take action at: http://freedetainee
<http://freedetainees.org> s.org

U.S. soldier's report claims teen was buried under rubble when
grenade was thrown

Omar Khadr is probably the greatest shame on Canada, because two
governments, the Liberals under Paul Martin and the Conservatives
under Harper have both made the overt decision to leave him in
prison. The case against him is insane. He was a child, aged 15. He
was in Afghanistan because his parents took him there. His father and
mother are militant Muslims. He was in a building that US commandos
suddenly attacked. When people in the building shot back, they bombed
the building and blew it to bits. Then they approached the building,
and a US soldier got killed by a hand grenade thrown from the ruins
of the building. When they entered the ruins Omar was still alive,
but, others were too. In a revised report, they made him the only one
left alive. He has been charged with murder. He was shot at close
range by bullets (plural).

The case is insane for several reasons: 1) He is a child soldier,
which means he is a victim of war not a war criminal.
2) Evidence was changed to make him the only person by inference who
might have thrown a hand grenade. There is no witness that he did.
3) Soldiers killed while attacking a house in a foreign country
cannot be victims of murder. They are casualties of war.
4) People in a house being attacked by foreigners are engaged in self-
defense. The US has made a category that a person is not a soldier
and is not a civilian: unlawful enemy combatant. So laws of war and
POW treatment do not apply and criminal laws also do not apply. He
has been tortured in Afghanistan and in Guantanamo.

There is not much evidence against him and there is lack of
jurisdiction in US Law related to "child soldiers". The only reason
he is still in Guantanamo Bay is because the government is afraid
they have turned him into a radical. He is young and can be
rehabilitated. Everyone, even the Canadian officials who came to
console him, have done nothing and he continues to be persecuted.

I received a plea from a woman Zainab Ali asking: "Who cares for this
boy?"

http://cageprisoner <http://cageprisoners.com/articles.php?id=25526>
s.com/articles.php?id=25526
http://www.youtube. <http://www.youtube.com/watch?v=aQHFFbD_-Pg>
com/watch?v=aQHFFbD_-Pg
http://www.cbc. <http://www.cbc.ca/news/background/khadr/omar-khadr.html>
ca/news/background/khadr/omar-khadr.html
http://www.thestar. <http://www.thestar.com/News/World/article/346020>
com/News/World/article/346020
http://www.thestar. <http://www.thestar.com/article/512286>
com/article/512286
http://www.rollings
<http://www.rollingstone.com/politics/story/11128331/follow_omar_khadr_>
tone.com/politics/story/11128331/follow_omar_khadr_
from_an_al_qaeda_childhood_to_a_gitmo_cell

It is not that no one cares…Zainab cares... I care... Moazzem Begg
cares... there are probably others, even his captors, who may care.
The problem is, none of us who care are in any position or hold any
power to do anything for him. We are not even voters in America and
do not even have the stilled voice of constituency, or a
representative to write to, which would be futile anyway.

The editors we know are not going to be interested because this is
not the kind of news which sells time and space in their media. And,
no one else is paid to care! To even publish this kind of stuff more
than once will get an editor the name of a "bleeding heart
sympathizer with terrists" and risk loss of readership, which his
corporate bosses who need the sales numbers in order to sell space
and time would not appreciate!

Yes, if they released him they would either have a new and dedicated
enemy warrior on their hands, or a "Poster Boy" to inspire and
recruit many more. It is more than likely that they simply consider
that they have a problem, and the longer they have kept him the more
difficult it has become to release him. Think of the "Missing in
Action POWs" whom John McCain and his Government left behind in
Vietnam. The longer they denied their existence, the harder it became
to bring them back in from the cold and, eventually, they had to
write them off because it would have been too embarrassing to save
them. This is what is happening in Gitmo.

The kid has no chance. Unless some Colonel, General, or someone with
sufficient authority, if even for a moment, should step in, risk his
neck, and sign a paper which gets the boy free long enough for him to
make it back home to cover. This is extremely unlikely! There must be
some reason why this lad did not die from his wounds. A shotgun blast
to the back with sufficient force to exit the chest is a pretty fatal
event. Perhaps the Power which kept him alive this long will reveal
His purpose in time. Yeah, I know that is even more rhetorical crap,
but then, that is my stock in trade!

Wars produce even worse things and casualties. He is one of them.
What is the current dead, maimed, and homeless count this morning
on the ICH (Information Clearing House) website Front Page?
1,273,378. Who cares about them? How many American youths have they
sent to be killed? 4,180. Who cares about them? It has been 7 years
and counting.

Do not expect the Americans to care. Very little, I can assure you!
Prayer may help...I'm not sure.

Debbie Menon is an independent writer.
She can be reached at: - debbie.menon @ yahoo.com

[I think it is far more unlikely that the US wants to keep him
because he would be able to tell people what they did to him. -WVNS]

Doubt cast on guilt of Canada's Guantanamo child prisoner
by Michelle Shephard
The Toronto Star
Dec. 22, 2008
http://tinyurl. <http://tinyurl.com/5nhvns> com/5nhvns

GUANTANAMO BAY, CUBA - A report provided by a U.S. soldier casts doubt once
more on the Pentagon's assertion that Canadian captive Omar Khadr threw a
grenade that killed an American soldier.

A military court was told for the first time yesterday that Khadr,
then 15, was buried under rubble from a collapsed roof before he was
captured, which would suggest he could not have thrown the grenade.

A witness identified as Soldier No. 2 was said to have accidentally
stepped on Khadr because he did not see him under the rubble.

The soldier ¡°thought he was standing on a `trap door¡¯ because the
ground did not seem solid,¡± stated a motion submitted by Khadr¡¯s
defence lawyers.

He then "bent down to move the brush away to see what was beneath him
and discovered that he was standing on a person; and that Mr. Khadr
appeared to be `acting dead," the motion continued.

That new version of what happened in Afghanistan on July 27, 2002,
conflicts with reports from other soldiers who said Khadr was sitting
up and conscious when he was shot twice in the back.

The prosecution maintains they can convict Khadr of "murder in
violation of the laws of war" for the death of U.S. Sgt. Christopher
Speer, as well as four other war crimes laid under the Bush
administration's Military Commission Act.

"We present our case in the courtroom," prosecutor John Murphy told
reporters after the hearing. "We don't want to try this case in the
press."

However, Khadr, now 22, may not face trial ¨C at least not here at the
U.S. naval base.

His trial will be the first Guantanamo challenge for the Obama
administration. The trial is scheduled to begin Jan. 26 - six days
after President-elect Barack Obama is inaugurated.

While Obama's transition team has not stated what will happen to the
cases now underway, most expect he will halt any proceedings. As a
senator, Obama was a staunch opponent of the Bush administration's
war crimes trials being conducted at Guantanamo.

Khadr's hearing yesterday capped off what can only be described as a
surreal week.

On Thursday, naval Cmdr. Jeff Hayhurst gave journalists a tour of the
prison camp. The first stop, past the signs stating the "value of the
week" (this week it was "respect") was Camp 4, the prison for "highly
compliant" detainees.

Toronto-born Khadr is imprisoned here and could be seen along with
other prisoners outside his cell borrowing books from the prison
librarian. He laughed with the guards and detainees, before sitting
at a steel picnic bench to read his new books and then walked back
inside Unit 1 cell of what's known as the Uniform Block.

Tours of the prison are always tightly controlled, which is why some
journalists who have been coming here for years dub them the ¡°Gitmo
dog and pony show.¡± No journalist has been able to see the secretive
Camp 7, home to the so-called "high value" prisoners who were brought
here from CIA facilities around the world.

Five of them charged with orchestrating the 9/11 attacks were brought
into court Monday. It was the first time family members of victims
from the Sept. 11 attacks were allowed to attend the hearings.

Over the years, attention has been focused largely on the
victimization of prisoners who were wrongly detained at Guantanamo,
or who endured treatment most would classify as torture.

Civil-rights advocates argue the Bush administration's heavy-handed
tactics, outside the norms of traditional law, were counterintuitive
since the threat of terrorism for the West is greater today than it
was on Sept. 10, 2001.

After watching the hearing, seven of the relatives told reporters
they wanted Obama to reconsider his decision to close this prison
facility. A day later, the American Civil Liberties Union issued a
press release from 24 other relatives saying they "do not believe
these military commissions to be fair, in accordance with American
values, or capable of achieving the justice that 9/11 family members
and all Americans deserve."

Despite anything that took place this week, there's little chance
Obama would back down on his pledge. If nothing else, Guantanamo has
become synonymous with the abuse of power and a new administration
will be eager to erase the symbol.

But how that will happen is not for those here to consider, says Rear
Admiral Dave Thomas, the head of the prison operation.

"Those are really important decisions and they will be made by the
folks back in Washington and back in Congress; back in the United
States. They'll take their time and they'll make them right," Thomas
told reporters.

If the prison closes, he added, "we'll put the detainees on an
airplane and they'll go somewhere. That's the easy part."

===

Khadr under rubble during attack, lawyer says
But judge won¡¯t allow defence to show court photos of accused buried
under debris of collapsed roof during 2002 firefight
OMAR EL AKKAD
http://tinyurl. <http://tinyurl.com/6> com/6¡Á6wf4

GUANTANAMO BAY, CUBA ¡ª Omar Khadr could not have possibly thrown the
grenade that killed a U.S. soldier during a 2002 firefight because he
was buried under the rubble of a collapsed roof, his lawyer argued in
court yesterday, pointing to photos from the firefight that show Mr.
Khadr under so much debris that a U.S. soldier inadvertently stepped
on him.

But Colonel Patrick Parrish, the judge in Mr. Khadr's Guantanamo Bay
military commissions hearing, banned Lieutenant-Commander Bill
Kuebler from showing the photos in court, meaning the public did not
get to see them.

"I don't want things shown that may not be admitted [as evidence],"
Col. Parrish told a clearly exasperated Cdr. Kuebler, who tried for
several minutes to change the judge's mind.

Asked afterward why the judge didn't allow him to show the photos,
Cdr. Kuebler told reporters: "Because they show he's innocent."

In a rare occurrence, the chief and deputy chief of the defence staff
at Guantanamo joined Cdr. Kuebler at a press conference after the
court session to blast the judge's decision.

Mr. Khadr, the only Canadian citizen and Westerner detained in
Guantanamo Bay, is facing several charges before a military
commissions court here. The most serious is that he killed a U.S.
soldier during a 2002 Afghanistan firefight. Mr. Khadr was 15 at the
time, and is 22 now.

The U.S. government alleges Mr. Khadr threw a grenade during the
fight that killed the soldier. A U.S. soldier present during the
firefight previously testified that he saw Mr. Khadr sitting upright,
facing away from him in such a position that he could have thrown the
grenade over his shoulder. The soldier then shot Mr. Khadr twice in
the back.

Asked how a soldier could shoot Mr. Khadr in the back if the Canadian
was buried under rubble, Cdr. Kuebler could not say with certainty.
He offered a number of possible explanations: that some of the
bullets fired at other militants in the compound could ricochet
through the rubble or that the soldier uncovered Mr. Khadr and then
shot him twice while he lay there. Cdr. Kuebler was careful not to
commit to either scenario.

Cdr. Kuebler argued in court yesterday afternoon for the production
of a witness - "Soldier No. 2" - who the lawyer said will present a
different account of events than the one given so far, in which Mr.
Khadr is found not sitting up, but buried under the rubble of a
recently collapsed roof . (The U.S. military bombed the compound Mr.
Khadr was staying in before the soldiers moved in.)

"Soldier No. 2 will establish the [other version of events] is
false," Cdr. Kuebler told the court.

The defence lawyer had planned to show to the entire court, which
included myriad reporters and other observers, photos that he
believes support this account, including one where Mr. Khadr is
clearly buried beneath the rubble.

Captain Keith Petty, one of the prosecution lawyers, told reporters
that the defence has had access to the photos for more than a year.
"These pictures are no surprise to anyone," he said.

Prosecution lawyers argued against most of the half-dozen or so
defence requests to compel various witnesses, saying that in many
cases, as with Soldier No. 2, the defence had not even previously
interviewed the witnesses, but were predicting what the witnesses
would say based on the content of previous law-enforcement interviews
with them.

The defence is also asking for the introduction of other witnesses,
including a soldier who the defence believes will testify that he
heard rapid bursts of gunfire after the "all clear" was called in the
compound.

Another is expected to testify that U.S. soldiers were throwing
grenades at the same time, raising the possibility of friendly fire.
If convicted of the most serious charge against him, Mr. Khadr faces
a maximum sentence of life in prison.

Ex-U.S. Green Beret believed 15-year-old Canadian was only survivor of
attack, contrary to new claim

Soldier in `shock' over leaked Khadr report
Michelle Shephard, National Security Reporter
Feb 7, 2008
http://www.thestar. <http://www.thestar.com/News/World/article/301316>
com/News/World/article/301316

GUANTANAMO BAY, Cuba--A U.S. Special Forces soldier injured in the
battle where Omar Khadr was captured says he was shocked to learn the
Canadian teenager wasn't the only person alive in an Afghan compound
when a grenade fatally wounded another soldier.

Layne Morris, a former U.S. Green Beret who was blinded in one eye
during the 2002 firefight in Afghanistan and forced to retire from the
army, said he always maintained Khadr was the sole survivor in the
compound.

"That was a total shock to me. Everyone had told me from the get-go
that there was only one guy in there," Morris said in a telephone
interview from his Utah home yesterday.

A document inadvertently released to reporters here Monday disclosed
that after the grenade was thrown, a U.S. operative killed another
suspect and then shot Khadr twice in the back. The revelation casts
doubt on the Pentagon's assertion that Khadr threw the grenade that
fatally wounded Delta Force soldier and medic Christopher Speer.

Khadr, now 21, is charged with "murder in violation of the laws of
war" for Speer's death in addition to attempted murder, conspiracy,
spying and providing material support to terrorism.

Morris had been airlifted from the battle scene before Speer was
injured, but said other soldiers involved in the firefight had told
him Khadr was the only one who could have tossed the grenade.

The five-page classified document, however, states that an
unidentified operative reportedly saw someone with an AK-47 beside
him, moving and "moaning" after the grenade was thrown. He shot him in
the head, killing him. "When the dust rose, he saw a second man
sitting up facing away from him leaning against the brush. This man,
later identified as Khadr, was moving ... (the operative) fired two
rounds, both of which struck Khadr in the back."

It appears no one witnessed Khadr throwing the grenade, but that the
operative concluded Khadr was responsible based on his position and
the trajectory of the grenade.

Khadr was 15 during the firefight and has been held in U.S. custody
for almost six years. *This is the Pentagon's third attempt to try
Khadr after charges were twice dismissed -- first by the U.S. Supreme
Court, which deemed the process illegal, and then by a military judge,
who ruled he didn't have jurisdiction to hear the case.*

Up until this week it had been the military commission process itself
that has been on trial -- with Khadr's lawyers and international civil
rights groups challenging the legality of the commissions at the U.S.
naval base in Guantanamo Bay, Cuba. But with this first official
account of the firefight, and as Khadr's trial nears, the
prosecution's evidence is also being called into question.

Canada's opposition parties pressed Prime Minister Stephen Harper this
week to intervene on Khadr's behalf, insisting the Toronto man be
rehabilitated rather than prosecuted. But Foreign Affairs Minister
Maxime Bernier maintained the government's hands-off approach to the
Khadr case yesterday, telling reporters in Ottawa that U.S. officials
have assured Canada Khadr is "well treated over there."

Khadr's trial is scheduled to start in May although it's likely his
defence lawyers will ask for an extension. In addition to having to
prove Khadr was responsible for Speer's death, the prosecution must
show Khadr provided support for Al Qaeda and conspired with its members.

Khadr is also being held accountable for the deaths of two Afghan
soldiers, according to his charge sheet. Although he's not charged
with their murders, it's alleged he conspired with others to kill
them. Guantanamo's chief prosecutor, U.S. Army Col. Lawrence Morris,
said they will prove Khadr "shared the criminal intent of those who
did the shooting."

Layne Morris said despite the new information released this week he
isn't concerned about the coming trial or conflicting reports of what
happened on July 27, 2002. He said he believes there is evidence to
show it was Khadr's job to throw the grenades during the battle, while
the other men in the house used their AK-47s. "Omar was the grenade
man," he said.

--

Court filings shed light on the role Islamabad and U. S. agents
played in five-month delay of al-Qaeda suspect's return flight to
Toronto

Pakistan frustrated plan to bring Khadr home
COLIN FREEZE
http://freedetainee <http://freedetainees.org/812> s.org/812

Canadian officials privately complained they were sandbagged by the
Pakistani government's last-minute reneging on a deal to place al-
Qaeda suspect Abdullah Khadr on a June, 2005, flight back to Canada -
five crucial months before he was allowed to return to Toronto, only
to be rearrested on a U. S. warrant.

Court filings in the extradition matter reviewed by The Globe and
Mail show consular officials were mystified when a deal between
Ottawa and Islamabad to repatriate Mr. Khadr broke down without
explanation. Diplomats who arranged the suspect's release had
secured a place for him on a specific British Airways flight, hired
agents to guard him, cleared him from being on any no-fly lists, and
arranged an emergency passport.

By that point, Mr. Khadr had been held for eight months by the
Pakistani government, which was seemingly content to release him
from a secret intelligence safe house and back to Canada. On the
heels of a Globe and Mail legal battle for disclosure, a Canadian
judge revealed this week that the United States had issued a
$500,000 bounty for the Canadian citizen's capture in Pakistan.

Yet for undisclosed reasons, the Pakistanis kept Mr. Khadr in the
secret safe house for five more months after his scheduled
repatriation flight, allowing FBI agents - sometimes referred to as
a "clean team" - to reinterview him. In the process, they garnered a
key, and relatively untainted, interview that now forms the basis
for the ongoing U. S. extradition claim.

It's unclear who or what led the Pakistanis to delay the release of
Mr. Khadr. But the development occurred as the Mounties slowly
resigned themselves to the fact they would likely be unable to
launch any prosecution against him in Canada, given that courts
might not countenance statements made in a Pakistani quasi-prison.
It was at that point that the FBI stepped up its own, independent
efforts to get a U. S. case in gear.

Mr. Khadr, the most senior living male member of Canada's Khadr
clan, was eventually released by Pakistan, returning to Canada in
November, 2005. He was arrested just two weeks later on a U. S.
warrant alleging involvement in al-Qaeda. Lawyers are fighting
removal, arguing that all of the now 28- year-old's confessions -
which involved admissions he ran guns to al-Qaeda insurgents in
Afghanistan - are tainted by mistreatment he suffered in Pakistan.

Court filings in the extradition matter reveal internal Foreign
Affairs records that show Mr. Khadr was supposed to have been placed
aboard a British Airways flight, leaving Islamabad on June 15, 2005,
and arriving in Toronto at 6 p. m. Four seats were booked, for two
Pakistani intelligence agents, one Canadian security chief and for
Mr. Khadr, travelling under a newly issued emergency Canadian
passport, No. EC016094.

Yet the day of the flight, Mr. Khadr was a no-show, which confused
Canadian consular officials. "Given subj is now not returning to
Cda, grateful mission wld ask Pakistani authorities what happened,
where he is, which authority is holding him, etc. etc, and a new
consular visit asap," reads a same-day note sent within Canada's
Foreign Affairs Department.

"This is a big issue for us," said Khadr defence lawyer Nathan
Whitling in an interview yesterday. He says that if officials stuck
with the original flight plan, the FBI would never have gotten the
statements they are now relying upon to extradite Mr. Khadr.

The case of the missing passenger, never before reported from the
voluminous filings in the case, provides a seeming glimpse into the
invisible realpolitik and horse-trading practised by
counterterrorism agencies when they converge around a common suspect.
Visits from U. S. agents appear to have bookended Mr. Khadr's stay
in the Pakistani safe house. In the middle there were some
interactions with Canadian agents who tried - and failed - to get an
incriminating statement that would hold water in Canadian courts.

The Federal Court decision released this week sheds some light on
the chain of events. In the fall of 2004, "agents of the United
States began to interview Mr. Khadr some four days after his arrest,
described as `debriefings,' which continued for 17 days while he was
within custody of Pakistani authorities," Mr. Justice Richard Mosley
wrote. "A member of the FBI was part of the team that conducted
those briefings."

The Mounties went to Pakistan in the spring of 2005, with an eye to
laying charges in Canada.

Court filings show the Mounties felt the $10,000 flight to Pakistan
was worth the cost - and a real opportunity to put the RCMP on the
map as a self- sufficient intelligence agency. But it was conceded
from the outset that interviews garnered from a detainee in Pakistan
posed some obvious problems.

Canada has never successfully prosecuted a terrorism case.

Who Cares about Omar Khadr ?
By Debbie Menon
October 16, 2008
http://www.informat
<http://www.informationclearinghouse.info/article21033.htm>
ionclearinghouse.info/article21033.htm

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