Omar Khadr's Firing of his Lawyers Exposes Injustices

Omar Khadr fires his lawyers
Published On Wed Jul 07 2010

By Michelle Shephard National Security Reporter

Guantanamo detainee Omar Khadr has fired his American lawyers and said he will either boycott or represent himself in his upcoming war crimes trial.

Khadr’s lawyers filed a motion with the military judge Wednesday asking that they be excused as the Canadian detainee’s lawyers, the Toronto Star has learned.

Washington attorney Barry Coburn, who met with Khadr in Guantanamo this week, said he was upset he would not be able to try the case this summer.

“We’re devastated, absolutely devastated by this. We cared deeply about Mr. Khadr.”

Canadian lawyer Dennis Edney said he had not yet heard about the motion when contacted by the Star and was disappointed, but not surprised by the news.

“He is a young man in an adult’s body now,” Edney said. “He appears to have given up hope. He doesn’t wish to participate in a process he sees as not only illegal but going against justice.”

Negotiations were ongoing for months between Khadr’s legal team and Pentagon prosecutors concerning a possible plea deal– but the two sides disagreed on a sentencing range. A deal would eventually have to be approved by a Pentagon-appointed official known as the Convening Authority.

A military jury would then decide on the exact sentence, likely giving Khadr credit for the eight years he has already spent in Guantanamo. The Pentagon has charged Khadr with five military commission charges, including murder for the death of U.S. Delta Force soldier Christopher Speer.

Khadr faces a life sentence if convicted.

Edney visited Khadr last month and said the 23-year-old Canadian has lost hope in getting justice at Guantanamo.

“He feels Canada had not come to his aid. He has lost faith in the trial process when the prosecution are offering him a deal should he plead guilty for charges he doesn’t believe he’s responsible for,” Edney said.

Toronto-born Khadr is Guantanamo’s youngest detainee and will be the first to go on trial for war crimes under the Obama administration this summer.

The case remains controversial in Washington where many of Obama’s advisors are reportedly uncomfortable with Khadr’s status as a juvenile. United Nations Secretary General Ban Ki-moon is among the critics who say putting Khadr on trial sets a dangerous precedent for child soldiers.

Khadr was 15 when shot and captured in a firefight in Afghanistan and his case would be the first war crimes trial of a child soldier in modern day history. His lawyers have argued unsuccessfully that Khadr was co-opted into his father’s ideology akin to child soldiers forced to fight by corrupt governments or guerilla groups.

Khadr is the second youngest son of Egyptian-born Canadian Ahmed Said Khadr, who was listed by the U.S. and UN as an Al Qaeda financier and whose wife and daughter enraged Canadians on comments they made in a CBC documentary concerning their associations with Osama bin Laden. Pakistani forces killed Khadr’s father in October 2003.

While the majority of Canadians believe Guantanamo should close, polls show that the country remains largely divided as to Khadr’s fate.

Army Col. Patrick Parrish, the military judge presiding over Khadr’s case, will have to rule on the motion to remove Coburn, Washington lawyer Kobie Flowers and Pentagon-appointed lawyer Army Lt.-Col. Jon Jackson.

Canadian lawyers – Edney and Nathan Whitling – are not allowed under the military commission to represent Khadr at trial but have been recognized as “foreign attorney consultants.” Edney said he is making arrangements to see Khadr as soon as possible.

In the eight years since his capture, more than a dozen lawyers have represented Khadr – many of whom have taken the case pro bono.

News of Khadr’s dismissal of his lawyers comes at a time when the Canadian government is under renewed pressure to act on Khadr’s behalf.

Federal Court Justice Russel Zinn gave the Harper government until Monday to propose remedies for violations of Khadr’s Canadian rights as the Supreme Court had ordered in January.

Zinn also stated that bringing Khadr back to Canada to face justice was “the only alternative remedy I can see that can potentially cure the breach.”

Khadr’s last pre-trial hearing before his Aug. 10 trial is scheduled to begin Monday in Guantanamo. Amendments by the Obama administration to the rules governing the military commissions allow detainees to represent themselves.

Original Posting here

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