Canada Courts Find Guantanamo Detainee’s Rights were Violated

By William Miller

Impunity Watch Reporter, North America

OTTAWA, Canada - The Canadian Supreme Court held that Canadian officials violated the rights of Omar Khadr on January 29, 2009. The Court further held that the Canadian Government does not have to request repatriation from the United States where Omar is currently in custody.

Khadr in an interrogation room at Guantanamo Bay Prison in 2003. (PHOTO: Globe and Mail)

Khadr was captured in Afghanistan in 2002 by United States soldiers. He was accused of throwing a grenade at U.S. soldiers and has been in U.S. custody ever since. He continues to deny this charge.

Khadr was only fifteen at the time of his arrest and is considered a child soldier under international law. He remains the youngest person to have been held at the American detention center in Guantanamo Bay. During his time at Guantanamo Khadr was interviewed by Canadian authorities. Those interviews became the source of claims that Canada participated in the violation of Khadr’s rights.

Canada’s mistreatment of Khadr was first raised in Canadian courts in 2009. The court held that Khadr’s rights had been violated during these interviews and that Canada should ask the United States to return Khadr to Afghanistan. That decision was upheld on appeal before it reached the Supreme Court.

The Canadian Supreme court held on Friday that Omar’s rights were violated during three interviews conducted by the Canadian Foreign Affairs and Spy Agency between2003 and 2004. In those interviews Canadian officials interrogated Khadr while he was exposed to methods of torture including sleep deprivation. In their opinion, the court said "Canada actively participated in a process contrary to Canada's international human rights obligations and contributed to Mr. Khadr's ongoing detention so as to deprive him of his right to liberty and security of the person."

The court held however that repatriation was not an appropriate remedy. "The proper remedy is to grant Mr. Khadr a declaration that his Charter rights have been infringed, while leaving the government a measure of discretion in deciding how best to respond."

The United States has been criticized sharply for its treatment of Khadr. The American Civil Liberties Union has called for his release. The United Nations has also criticized the United States for their treatment of Khadr saying they are in violation of The U.N. Protocol on the Involvement of Children in Armed Conflict Resolution, which the United States ratified in 2002. Canada has so far declined to ask the United States for Khadr’s repatriation.

For more information, please see:

AFP - Ottawa Not Required to Repatriate Guantanamo Inmate: Court - 29 January 2010

CommonDreams.org - Canadian Supreme Court Guantanamo Detainee’s Rights Were Violated - 29 January 2010

Globe and Mail - Khadr’s Ruling Sees Top Court Clash With Torries - 29 January 2010