No Choice but to Accept Plea Deal, Khadr's Attorney Says

by: Nadia Prupis, t r u t h o u t | Report

No Choice but to Accept Plea Deal, Khadr's Attorney Says
Canadians rally for Omar Khadr in January of this year. (Photo: ExpatWinnipegger / Flickr)

The Department of Defense (DoD) announced on Monday that Guantanamo detainee Omar Khadr, 24, pleaded guilty to all war crime charges against him, including murder, attempted murder, providing material support to terrorism, conspiracy and spying, in a long-negotiated plea agreement.

The deal allows Khadr to avoid a controversial military trial in favor of a shorter prison sentence and spares the United States further embarrassment in prosecuting a child soldier for the first time since World War II. Khadr's sentencing hearing will begin today.

That this has happened under the Obama administration is "an enormous disappointment," said Dixon Osburn, director of Human Rights First Law and Security Program. "Obama was very clear when running that he wanted to see Guantanamo closed. He wanted to ensure that the US followed the rule of law and that clearly has not happened in this case ... the military commission system is defective."

Khadr admitted to throwing a grenade that killed Sfc. Christopher Speers during a firefight between US and al-Qaeda forces in Afghanistan - an act which was not considered a war crime by the Military Commissions Act (MCA) at the time of conduct.

After being captured at 15, Khadr has spent the last eight years in US custody at Guantanamo awaiting trial. His time in detention has been fraught with allegations of mental and physical torture at the hands of US soldiers and interrogators.

Khadr's defense lawyers may have the opportunity to present evidence of his mistreatment during his sentencing hearing, Osburn said.

"That could be something that is presented and is possible the military jury will come back with a lesser sentence." Osburn added that the US government is also capable of addressing the allegations. "If torture is being committed, there is a statute of limitations. There is still an opportunity for us to redress that law. We've certainly seen no movement, but there is still a possibility."

In a news release, DoD said, "In a military commission, a panel of military officers known as 'members' determines the sentence, regardless of whether the plea was guilty or not guilty."

Today's hearing will be significant if the jury delivers a shorter sentence than the one currently negotiated, which would sentence Khadr to one more year of prison at Guantanamo and an additional seven in his home country of Canada. Had he gone to trial, Khadr faced the possibility of being sentenced to life in prison.

"There's not much choice," said Khadr's Canadian attorney Dennis Edney. "He either pleads guilty to avoid trial, or he goes to trial, and the trial is an unfair process."

Many national and international nonprofit groups working to promote civil rights have long spoken out against military commissions. In the time that the MCA system has convicted five alleged terrorists, including three plea agreements, the US federal courts have conducted more than 400 successful terrorism trials since 9/11.

American Civil Liberties Union Deputy Legal Director Jameel Jaffer said, "Khadr's plea deal means that the United States will be spared the embarrassment of trying a child soldier in a tribunal that most of the world sees as illegitimate ... these tribunals are simply incapable of providing fair trails, and they ought to be shut down altogether. Individuals accused of terrorism-related crimes should be prosecuted in federal courts."

Currently, 36 Guantanamo detainees are awaiting trial or commission, while 90 individuals have been cleared for release or repatriation and more than 40 are being held indefinitely without charge.

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Nadia Prupis is Truthout's Media Policy Reporting Fellow.


Comments

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When are all the American

When are all the American criminals who have killed hundreds of thousands of innocents civilians in Iraq and Afghanistan going to be prosecuted?



I think this is the most

I think this is the most dispicable treatment for a 15 year old boy. The United States and Canada should be royally ashamed of themselves. This will live in the annals of history along with the detention of Japanese citizens during the second world war and the using of children for soldiers in African countries. There is no difference. How can GW Bush get away with killing thousands of innocent people while this young man who has already served 8 years in Gitmo still be made to be in prison for another 8 years. I am a furious and embarrassed Cdn citizen



When did Khadr admit to

When did Khadr admit to throwing the grenade!? If he did so, he only did so under duress!! There is plenty of evidence that he didn't even do it, including from testimony of a former U.S. soldier. Please, Truth-Out, have your interns get their facts completely straight, confirm their facts, and/or have them provide evidence of such claims; for you can do much harm by such unsubstantiated claims.



Larry Glick, didn't you

Larry Glick, didn't you know, facetiously speaking, that mass-murder is supposedly okay, but even one person defending their country from completely illegal, mass-murderous invasion and occupation (if Khadr even did so) as international grants them the right(s) to do, is supposedly not okay? And didn't you know that those individuals who are such freedom fighters, doing nothing but what is their right and duty to do against foreign occupiers and mass-murderers in their sovereign countries, will be tortured, indefinitely detained and prosecuted, even by kangaroo military commission "trials", to the fullest extent of the (unconstitutional) "law"; but that those sociopathic mass-murderers, war criminals and torturers in the "al-CIA-duh U.S. government" will not be prosecuted and/or held accountable at all? "Welcome" to the Twilight Zone and the ultimate time of complete madness and mass-insanity, where up is supposedly down, down is supposedly up, right is supposedly wrong, wrong is supposedly right, evil is supposedly good, and good is supposedly evil, etc.! God help us all!



...And torture is supposedly

...And torture is supposedly okay because the U.S. government is doing it...



This is what the U.S.

This is what the U.S. government increasingly does: It puts more and more people in the position where they supposedly have no choice but to plead guilty, even if they're not guilty, and/or they haven't been proven guilty beyond a reasonable doubt as required by the U.S. Constitution; and tortures and/or coerces them to get them to do so.



CORRECTION(S) [in capital

CORRECTION(S) [in capital letters]: Larry Glick, didn't you know, facetiously speaking, that mass-murder is supposedly okay, but even one person defending their country from completely illegal, mass-murderous invasion and occupation (if Khadr even did so) as international LAW AND/OR THE LAWS OF WAR grants them the right(s) to do, is supposedly not okay? And didn't you know that those individuals who are such freedom fighters, doing nothing but what is their right and duty to do against foreign occupiers and mass-murderers in their sovereign countries, will be tortured, indefinitely detained and prosecuted, even by kangaroo military commission "trials", to the fullest extent of the (unconstitutional) "law"; but that those sociopathic mass-murderers, war criminals and torturers in the "al-CIA-duh U.S. government" will not be prosecuted and/or held accountable at all? "Welcome" to the Twilight Zone and the ultimate time of complete madness and mass-insanity, where up is supposedly down, down is supposedly up, right is supposedly wrong, wrong is supposedly right, evil is supposedly good, and good is supposedly evil, etc.! God help us all!



These war criminals will

These war criminals will never see a court room. They won't be handcuffed. They won't hang at the end of a noose. They'll be pat on the back and pay taxes on Halliburton Stock.

"Great is the guilt of an unnecessary war." - John Adams

Seriously, torture gets confessions, simply look at Mexico drug cartels who recently used enhanced interrogation techniques and got a full confession - IT WORKS!



To "going to be Prosecuted"

To "going to be Prosecuted" -
My advice is listen to those CIA and FBI officers who are completely against torture as a means of extracting information. The vast majority of people in the world would sell their mothers down the river if exposed to extended torture.The human spirit can hold on just so long.
Our government/ military is going down a slippery slope with little chance for reprieve. It has lost its sense of morality and human dignity. And we, as US citizens, watch numbly, or ignorant of the the issues involved in these cases. After all, our lives are untouched -as yet.



Just one more reason to

Just one more reason to despise the Dems as I despise the Repugs; when you come down to it (and it'd be hard to get much lower than our government), there's very little difference between them.