Government Interference vs the Rule of Law | Omar Khadr

The unacceptable government interference in the case of Omar Khadr first came to surface in 2009 when the Supreme Court of Canada ruled that the Canadian government was responsible for the violations of Omar Khadr’s rights under Article 7 of the Charter of Rights and Freedoms.

Many Canadians clearly understand that Omar Khadr is wrongly imprisoned, as also this recent tweet indicates :

“When people say “Omar Khadr is a terrorist, etc” then I know they’re ignorant (or sadistic) without too much examining.”

And again today, the Government of Canada is criticized, from three different angles, for their continuing interference and the unjustified detention of Omar Khadr:

1) Why is Omar Khadr still in jail? - Kathy Copps for Rabble.ca

Do tortured child soldiers belong in Canadian prisons? The fact that Omar Khadr has spent 4254 days in prison, 537 of those days in Canadian detention, should make every Canadian question the essence of our humanity and respect for the rule of law.

Omar’s recent transfer from a maximum to a medium-security prison is a hopeful indication that Correctional Service Canada (C.S.C.) is making decisions independent of prejudicial government pressure, but we have to ask ourselves why Omar is still in jail? Unfortunately for Omar, political interference in the judicial process has a disturbing history, and since his repatriation the intervention of right-wing, Islamophobic government officials, foreshadowed an unjust delay or even a complete denial of his freedom.

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2) Prisons ombudsman raps officials over Omar Khadr | 3rd complaint since Omar’s return - Colin Perkel

Canadian correctional authorities have unfairly classified former Guantanamo detainee Omar Khadr even though they lowered his risk rating from maximum to medium security, the federal prisons ombudsman complains. The Office of the Correctional Investigator urges prison authorities to take into account evidence that Khadr poses minimal threat and should be classified as such.

“(Correctional Service of Canada) officials also note that there is no evidence Mr. Khadr has maintained an association with any terrorist organization,” the letter to CSC’s senior deputy commissioner states. “It is well documented by CSC officials that Mr. Khadr is fully engaged in his correctional plan and he has actively developed a strong, pro-social network of support since his incarceration.”

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3) Canada: Open Letter to Ministers Peter MacKay and Steven Blaney on the Omar Khadr case -Amnesty International

We are writing to express Amnesty International’s ongoing concern that numerous, serious human rights matters remain unresolved in Omar Khadr’s case, in both Canada and the United States. A substantial amount of time has passed in his case.  It has been more than eleven years since Mr. Khadr was taken into US custody in July 2002.  It has been over four years since the second of two important Supreme Court of Canada rulings in his favour.  And it has been almost eighteen months since Mr. Khadr was transferred to Canada to serve the balance of his sentence.  It is time to resolve the outstanding human rights concerns.

As such, we urge the Canadian government to take steps to ensure full and proper review and resolution of the outstanding human rights concerns and related legal matters in Mr. Khadr’s case.  Specifically, we call on the government to appoint a sitting or retired judge and provide him or her with a mandate to examine the range of outstanding human rights and other legal concerns in Omar Khadr’s case and make recommendations to the government as to how those concerns should be resolved.

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