Britain's top law societies have issued a stinging missive to the Canadian government concerning its complicity in the upcoming war crimes trial of Guantanamo detainee Omar Khadr.
The heads of the five legal organizations sent a letter to Prime Minister Stephen Harper saying he must take "urgent action" in securing Khadr's release and criticizing Canada for violating international laws that protect juveniles.
"The lengthy detention, and putting on trial for war crimes, of someone who appears to be a `child soldier' is contrary to the special protection to which Khadr is entitled," the letter stated. "We regret to see Canada appearing to be complicit in such breaches of fundamental international standards of conduct in relation to children."
Khadr was 15 when he was captured in Afghanistan on July 27, 2002, following a firefight with U.S. forces. The Pentagon has charged him with murder in violation of the laws of war for allegedly throwing a grenade that fatally wounded army Delta Force Sgt. Christopher Speer. He also faces charges of attempted murder, conspiracy, providing material support for terrorism and spying. He is expected to go to trial sometime next year.
Now 21, Toronto-born Khadr remains the only Western detainee at the U.S. naval facility in Cuba and one of the first who would be tried before modern-day war tribunals. British detainees were repatriated due to their government's efforts by 2005. Intense lobbying by Prime Minister Gordon Brown's government has also secured the release of British residents, three of whom returned home Wednesday after almost six years in custody.
"We do not believe that Canada, a Commonwealth partner, should remain silent while the U.S. subjects its citizen to such a process. Every other ally of the United States, including the United Kingdom, France, Germany and Australia, has acted to protect their citizens detained at Guantanamo Bay," stated the letter to Harper.
Andrew Holroyd, president of the Law Society of England and Wales, said in an interview yesterday he was amazed to discover Canada supported the U.S. military commissions his association has denounced as "illegitimate and irreparably flawed."
"We have been making a consistent point to our government that they should use all their diplomatic efforts to urge the U.S. administration to ensure everybody who's being held went through proper due process of the law," he said.
Khadr's military lawyers, Lt.-Cmdr. Bill Kuebler and Rebecca Snyder, met with the senior lawmakers and human rights activists last month to ask for support in lobbying the Canadian government. While the law groups, which include the Bar of England and Wales, Criminal Bar Association, Bar of Human Rights Committee and Commonwealth Lawyers' Association, often appeal to foreign governments on legal issues, Holroyd said this was the first time they have raised concern with Canada.
Concern about Khadr's case seemed to be growing in Canada this summer after the Canadian Bar Association intervened and Liberal Leader Stéphane Dion called on the government to demand Khadr be charged in U.S. federal courts or released.
But the Harper government has been unwavering in its support of Guantanamo. In a year-end interview with OMNI Television, Harper was asked why Canada has not intervened.
"Mr. Khadr is accused of extremely serious, serious crimes," Harper said, noting Canada provides Khadr with consular assistance. "He's not accused of anything in Canada. There's no basis on which, according to what I understand, that we would have any basis detaining him or trying him here so I think it's appropriate that we work through the consular process and let the judicial process take its course."
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