No Security Without Human Rights

As expected, on July 12, 2010 the Canadian government indicated they would appeal the Federal Court order to  propose remedies for the ongoing human rights violations in the case and seek a stay. Judge Pierre Blais of the Federal Court of Appeal granted the stay on July 22, effectively clearing the way for Omar Khadr’s military commission trial to proceed without any intervention by the Canadian government. He will be represented by his US military lawyer.

In a letter to his Canadian lawyer Denis Edney written on 26 May and recently made public, Omar Khadr described his feelings towards the upcoming military commission trial:

“About this whole MC [military commission] thing we all don’t believe in and know it’s unfair and…there must be somebody to sacrifice to really show the world the unfairness, and really it seems that it’s me…I don’t want that, I want my freedom and life, but I really don’t see it coming from this way….it might work if the world sees the US sentencing a child to life in prison, it might show the world how unfair and sham this process is, and if the world doesn’t see all this, to what world am I being released to? A world of hate, unjust and discrimination! I really don’t want to live in a life like this."

Please continue appeals!

Join the vigil on Tuesday July 27, 2010 6:00 pm at the US Consulate in Toronto!

July 27 marks the 8th anniversary since Omar Khadr was taken into US custody on July 27, 2002.  With his trial date looming on August 10th, Omar Khadr has now taken the only action he can to protest his fate in the court room of “Camp Justice” in Guantánamo: fire his US lawyers (2 civilian, 1 military).  In his statement he said he would not take any plea offer because it would  give the US government an excuse for torturing and abusing him as a child.

The Canadian government has been directed by the Federal Courts in two separate instances to repatriate Omar Khadr. The Supreme Court of Canada, in their February 2010, decision, ruled that Canada was complicit in the violation of Khadr's rights.  Since 2005 the Canadian courts have consistently ruled on the side of human rights in his case.
 
On President Barak Obama's first day of office in February 2009, he signed a presidential order that Guantanamo be shut down in one year. Today, July 27 the detention centre is still open and the US government is proceeding with the prosecution of Omar Khadr.  The trial violates the UN Convention on the Rights of the Child, the Geneva Convention, International Human Rights Law and the US legal system.

What:  Solidarity vigil to mark Omar Khadr’s 8th anniversary in illegal detention

Who:  Amnesty International & Coalition to Repatriate Omar Khadr

Where:  US Consulate, 360 University Avenue Toronto

When:  Tuesday July 27, 2010 6:00 pm

Why:  Canadians must stand behind Omar Khadr, who is now facing proceedings by the Military Commissions Tribunal which cannot guarantee him a fair or just trial.

For further information:
Elizabeth Berton-Hunter
Media Relations                  
(416)363-9933 #332   

Amnesty International welcomes the step taken today by the Latvian government towards the closure of the detention facility at Guantánamo Bay, Cuba, after Latvian authorities accepted one former detainee.

Amnesty International commends the move by Latvian authorities to accept the former detainee, who could not return to his country of origin for fear of being subjected to torture or other serious human rights violations, and emphasizes the need for Latvian authorities and media to respect the privacy and security of the former detainee after his experience of prolonged detention at Guantánamo Bay.

Amnesty International welcomes the concrete step taken by Latvian authorities in line with the stated aims of the EU-US Joint Statement on the Closure of Guantánamo Bay, issued on 15 June 2009. Latvia joins Albania, Belgium, Bermuda, Bulgaria, Cape Verde, Georgia, Hungary, Ireland, Palau, Portugal, Slovakia, Spain and Switzerland in accepting and providing a safe haven to Guantánamo detainees unable to return to their countries.

Amnesty International calls on Latvian authorities to ensure the former detainee’s access to appropriate integration and rehabilitation services, including medical and psychological treatment, language training and other forms of social support. click for more...

Amnesty International has welcomed a move by the Turkey’s Parliament to end the prosecution of children under anti-terrorism laws solely for taking part in demonstrations.

Amendments to the law, passed by Parliament on Thursday, mean that all children previously convicted under anti-terrorism legislation will have their convictions quashed.

The new law will also end the prosecution of children aged 15 and over in adult Special Heavy Penal Courts (courts competent to try cases involving organized crime, terrorism and state security).

"Turkey’s Parliament has taken an important step to end the unfair trials of children and to protect their human rights," said Andrew Gardner, Amnesty International's researcher on Turkey. "The authorities must now take steps to amend overly broad and vague anti-terrorism laws that have resulted in countless unfair trials and prosecutions of those expressing peaceful dissenting opinions."

The new law will not prevent the prosecution of adult demonstrators under anti-terrorism laws allowing unfair trials of people aged 18 and over to continue.

Amnesty International pledged to monitor the implementation of the amendments and urged the authorities to ensure that children are only tried in designated Children's Courts. Thousands of children in Turkey, some as young as 12, have been prosecuted under anti-terrorism legislation, solely for their alleged participation in demonstrations considered by the government to be in support of terrorism.

Read the full AI Statement

After years of being stranded in Guantánamo, Mohammed Odaini is finally back home in Yemen. Originally detained eight years ago at the age of 18, he was cleared for release in 2005. On May 26, 2010 the courts once again ordered his release. This time, US officials decided to comply despite the current general prohibition against returning any detainees to Yemen.

Reaction from Mohammed’s lawyer, David Remes:

“Mr al-Odaini’s release is cause for celebration. After Judge Kennedy ruled in his favor, it was by no means clear that the government would release him, when the government would release him, or where the government would send him. We had an uphill fight. But with Amnesty International’s support–and your support–we persuaded the government to return Mr. al-Odaini to Yemen and reunite him with his family. Only the kind of broad public support Amnesty brings to bear could ensure such a happy ending. I cannot thank you enough.”

And more thanks from Matthew Alexander, former senior US military interrogator:

“I want to personally thank you for your help in securing the freedom of Mohammed Odaini. Your actions help keep America safe by ensuring that we live up to our principles — a critical part of long term strategy to counter violent extremists.  We can take pride in Mr Odaini’s release, but while we pause to appreciate this accomplishment, let’s not forget that justice still escapes others.”

US administration officials have made it clear in media statements that the general suspension of transfers to Yemeni is still in place, one official told the Washington Post,

"The general suspension is still intact, but this is a court-ordered release......People were comfortable with this...because of the guy's background, his family and where he comes from in Yemen." 

A second official stated that, "This should not be viewed as a reflection of a broader policy for other Yemeni detainees."

Approximately 50% of those who remain detained at Guantanamo are Yemeni nationals. The Guantanamo Review Task Force set up under President Obama's 22 January 2009 executive order on Guantanamo approved the transfer to Yemen of 36 Yemeni nationals. Seven of these 36 individuals had been transferred to Yemen by the time President Obama announced a moratorium on such transfers in January 2010 citing security concerns.  

US DOD press release on the transfer of Mohammed Odaini

With his trial date looming on August 10th, Omar Khadr attempted to take the only action he can to protest his fate in the court room of “Camp Justice” in Guantánamo: fire his US lawyers (2 civilian, 1 military). In keeping with the travesty that is the military commission trials, even that is beyond his control. The presiding judge ruled today that he must retain his US military counsel. To his credit, the military lawyer in question, Lieutenant-Colonel Jon Jackson, has requested time to consult the Arkansas Bar Association about the ethics of representing a client against his wishes.

Up until now. Omar Khadr has said very little in court proceedings.  This was Omar Khadr’s 12 July 2010 statement to the court:

Your honour I'm boycotting this Military Commission because *Firstly the unfairness and unjustice of it. I say this because not one of the lawyers I've had, or human rights organizations, or any person, every say that this commission is fair or looking for justice, but on the contrary they say it's unfair and unjust and that it has been constructed to convict detainees, not to find the truth (so how can I ask for justice from a process that does not have it or offer it) and to accomplish political and public goals. And what I mean is when I was offered a plea bargain it was up to 30 years which I was going to spend only five years so I asked why the 30 years. I was told it makes the U.S. government look good in the public's eyes and other political causes.

* Secondly: The unfairness of the rules that will make a person so depressed that he will admit to allegations made upon him or take a plea offer that will satisfy the U.S. government and get him the least sentence possible and legitimize this sham process.

Therefore, I will not willingly let the U.S. government use me to fulfill its goal. I have been used to many times when I was a child and that's I'm here taking blame and paying for things I didn't have a choice in doing but was told to do by elders.

* Lastly I will not take any plea offer or because it will give excuse for the government for torturing and abusing me when I was a child.

Amnesty International continues to call for Omar Khadr to receive a fair trial in a US civilian court or be repatriated to Canada. 

Omar Khadr’s handwritten statement | Take Action: Write to US President Obama and Canadian PM Harper

originally published 8 July 2010

On 28 June 2010, the US Court of Appeals for the District of Columbia (DC) Circuit overturned a federal judge’s ruling made over a year and a half earlier denying the habeas corpus petition brought by Guantánamo detainee Belkacem Bensayah. The Court of Appeals sent the case back to the District Court for review and further decision.

Enough is enough. Belkacem Bensayah has been in US custody without charge or trial for more than eight and a half years. His case illustrates how the USA has distorted, and continues to distort, principles of human rights and justice in the name of countering terrorism.

Amnesty International has long called upon the USA to immediately release any Guantánamo detainee whom it does not charge and bring to trial in an independent and impartial court in accordance with international fair trial standards. The organization notes that the USA has never shown any intention to prosecute Belkacem Bensayah, only to keep him in indefinite detention without charge.

From day one in US custody, Belkacem Bensayah should have been subject to international human rights law and principles of criminal law. It is now past day 3,000 of his detention.

Read the full AI Briefing paper: USA/Enough is enough: After more than 3,000 days in US military detention without charge, Guantánamo detainee’s case sent back to District Court

originally published 7 July 2010

Amnesty International calls on the UK government to ensure that its inquiry into UK complicity in torture and other human rights violations of those detained abroad since 11 September 2001 is thorough, independent and as transparent as possible.

The organization welcomes the inquiry, which the UK Prime Minister David Cameron announced yesterday, as an important first step towards achieving genuine accountability for past human rights abuses.

“We have long called for an inquiry into the credible allegations that UK officials and agents were involved in torture and other human rights abuses, including renditions, arbitrary detention and other ill-treatment, of individuals detained abroad” said Nicola Duckworth, Amnesty International’s Europe and Central Asia Director.

“The right of individuals to know the truth about the human rights abuses they have suffered is fundamental in securing their right to redress, ensuring that justice is achieved and that states cannot commit human rights abuses with impunity”

The inquiry will be led by Sir Peter Gibson, who is currently the statutory Commissioner for the Intelligence Services, and will examine the UK’s involvement with detainees in overseas counter-terrorism operations in the aftermath of the 11 September attacks on the USA; including those policies that governed the conduct of UK secret services in their operations abroad.

The detailed terms of reference for the inquiry are yet to be published, but it is expected to focus in particular on cases involving the detention of UK nationals and residents at the Guantánamo Bay detention centre.

The cases of the former Guantanamo Bay detainees are currently subject to criminal investigations and/or civil litigation proceedings; including a civil lawsuit brought by six former detainees – Bisher al-Rawi, Richard Belmar, Omar Deghayes, Binyam Mohamed, Jamil el-Banna and Martin Mubanga – who are seeking financial compensation from the UK government on the grounds of their claims that British intelligence agencies were complicit in their detention, torture and other mistreatment.

Amnesty International remains concerned over certain aspects of the inquiry as proposed by David Cameron.

Read the full News Release

PRISM is an online magazine run by Maher Arar.

Former CBC producer Kelly Crichton will host a discussion about the ongoing issues and events of the Bashir Makhtal case. Our guests will be Gar Pardy and Said Makhtal.

Gar Pardy is a former head of the Canadian Consular Service at DFAIT. Gar has extensive experience with issues related to Canadians detained abroad. He was a key witness at the Arar Inquiry.

Said Makhtal is Bashir’s cousin. Through his lobbying on Bashir’s behalf, he has managed to keep his story alive.

Rights and Security can be viewed at either of the following web addresses:

http://www.prism-magazine.com/prism-tv/
or
http://www.livestream.com/prismmagazine

The second address is preferable if video quality is poor due to network congestion.

Viewers will have the chance to ask questions through a chat box located on the Prism TV web page.

Read Amnesty’s backgrounder on the Bashir Makhtal Case | Take Action |PRISM magazine

Amnesty International Urgent Action!

Omar Khadr, the Canadian citizen who was a child when taken into US custody eight years ago, faces unfair trial by military commission at Guantánamo beginning on 10 August. Canada has refused to request his repatriation despite court rulings that his rights have been violated.  On 5 July a Canadian Federal Court judge ordered the Canadian authorities to propose remedies for these violations within seven days.

Here are two things you can do right now:

1. Call/fax/email/write to Canadian Prime Minister Stephen Harper. Call on him to seek the repatriation of Omar Khadr immediately.

2. Call/fax/email/write to US President Barack Obama. Urge the US authorities to abandon military commission proceedings against Omar Khadr.

Take Action