Charges Dropped Against Cdn. in Gitmo

[michael_ital]

U.S. military judge dismisses charges against Canadian held at Guantanamo Bay
Mon Jun 4, 3:07 PM



By Beth Gorham

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GUANTANAMO BAY, Cuba (CP) - A U.S. military judge dismissed charges against Canadian detainee Omar Khadr on Monday in a bombshell ruling that threw into chaos the U.S. system for trying terror suspects held at the Guantanamo Bay naval base in Cuba.


Khadr's family in Toronto rejoiced at the news, but the ruling by army Col. Peter Brownback doesn't mean Khadr will be freed from the U.S.-run prison camp. American officials have said they can still legally hold him as an enemy combatant as long as the war on terror continues.


The decision is a major blow for the administration of U.S. President George W. Bush, giving hope to defence lawyers and activists who have long argued that Khadr and the other detainees at Guantanamo Bay should be tried in regular American courts.


Brownback, the presiding judge, said the military commission doesn't have jurisdiction over Khadr because he needs to be declared an "unlawful enemy combatant" first - instead of just an enemy combatant, who has the right to fight.


"The charges are dismissed without prejudice," he said. "A person could be facing trial for months without knowing whether the court had legitimate jurisdiction."


The discrepancy was a surprise and was raised by Brownback.


The system was revamped by Congress last year after the U.S. Supreme Court declared it was illegal. It was Congress that established the two categories of enemy combatants.


"The significance of this ruling today is enormous," said Col. Dwight Sullivan, chief defence counsel for the detainees.


"How much evidence do we need that the military commission system doesn't work?"


"Ideally this case wouldn't come back at all. There is a readily available alternative that does work," he said.


Defence lawyers and activist are hoping this decision will provide a big impetus to quash the system and have detainees tried in regular courts.


"If the U.S. government's wise, this should be a fatal blow to the military commissions," said Jennifer Daskal at Human Rights Watch.


Khadr, who fired his U.S. legal team last week, was led into court with two soldiers dressed in fatigues on either side holding each arm. Wearing a loose beige prisoner's uniform and sandals, Khadr had a full beard.


He didn't speak during the short hearing, but leaned in close to Dennis Edney, his Edmonton lawyer, who explained the process.


Edney and lawyer Nate Whitling were allowed for the first time to sit at the defence table on Monday.


Brownback's ruling came just minutes into Khadr's arraignment, in which he faced charges that he committed murder in violation of the law of war, attempted murder in violation of the law of war, conspiracy, providing material support for terrorism and spying.


Khadr had been classified as an "enemy combatant" by a military panel years earlier at Guantanamo Bay, but because he was not classified as an "alien unlawful enemy combatant," Brownback said he had no choice but to throw the case out.

The Military Commissions Act, signed by Bush last year after the U.S. Supreme Court threw out the previous tribunal system, says specifically that only those classified as "unlawful" enemy combatants can face war trials here.

Khadr was 15 when he was captured in Afghanistan after a firefight in 2002 in which he was wounded and allegedly killed a U.S. soldier with a grenade. He appeared in the courtroom with a beard and wearing an olive-green prison uniform.

He was one of only three detainees - among roughly 380 men held at this isolated military base on suspicion of links to the Taliban and al-Qaida - who have been charged under the new military tribunal system.

The ruling came as a welcomed surprise to his mother and two sisters who were celebrating at the family's Toronto home.

His eldest sister, 27-year-old Zaynab Khadr, said the family had to do a double take thinking they'd heard the news wrong. "We're trying to celebrate but we don't know how to," she said.

Zaynab Khadr said her family has spoken with Omar just once in the last five years and while this development is heartening news, the family won't be pulling out the welcome-home banners just yet.

"They've been very difficult years and we're hoping that they will start getting better. We're hoping this is the beginning of something good to come along."

Zaynab said the family expects to know more about what will happen next after they've spoken with their lawyer, Edney, who is in Guantanamo Bay with Khadr.

"We're hoping things just calm down a little so we can call the lawyer and find out what might be happening," she said.

In Ottawa, Foreign Affairs officials said they were reviewing the situation but had no other immediate comment.

[Basra-]

Who cares! Military boy!

[*jr]

Mikey,

I believe the kid was first misclassified as a 'legal POW' by a military board, but after the ruling by the US supreme court of "Hamdi vs. Rumsfeld", but now there have to be a clarification as 'illegal un-lawful combatant' from the chimp's justice and pentagon departments ...but regardless of any rulling, I am afraid this young man will continue on his stay at Guantanamo until this Washington regime changes.

[Gatspy]

Masha'Allah,, I know this family very well since mid 90's, and this a very good news.

[*jr]

[quote="Gatspy"]Masha'Allah,, I know this family very well since mid 90's, and this a very good news.[/quote]


I doubt he'll be out anytime soon.

What you are missing on article is what the Judge said; which is that in technicality that he was not charged under the current of "un-lawful-combatant" but the former charge of his was what the army charge him as 'lawful-combatant".

The judge threw away the case because he is still being charged the old law of "lawful-combatant"; hence the judge has no jurisdiction to apply the current law.

[Gatspy]

Wow... I didn't even read the article really. I coworker here was telling me about this earlier. So it looks like this kids misery is nowhere close to ending.