MPs want Khadr returned home
Canadian Omar Khadr, accused of murder and terrorism, is being held in Guantanamo Bay. Email story
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Jun 11, 2008 04:30 AM
Tonda MacCharles
Ottawa Bureau
OTTAWA–A Commons subcommittee has called on the federal government to immediately seek the return of Guantanamo detainee Omar Khadr.
Over stiff opposition from Conservative MPs, the international human rights subcommittee endorsed a report containing seven recommendations that would unshackle Khadr from U.S. custody, and turn him over to Canadian law enforcement.
It declares a firm belief that Khadr, aged 15 at the time he was wounded and captured in a firefight in Afghanistan in 2002, is a child soldier and should not be treated as an adult accused.
The report adds to a growing chorus of calls for the Conservatives to finally weigh in on the American military prosecution of Khadr.
The full foreign affairs committee will vote tomorrow on whether to adopt the report.
"The subcommittee believes that Omar Khadr should be considered a `child involved in armed conflict' and afforded the special protection outlined" in the United Nations Convention on the Rights of the Child, which Canada signed and ratified, says the report.
The report says there's no indication that Khadr's age "has been sufficiently taken into account" in the American-led military commission proceedings against Khadr in Guantanamo Bay.
It also cites the May 23 decision by the Supreme Court of Canada that the Guantanamo Bay military commission proceedings were found by the U.S. Supreme Court to violate American domestic law and international human rights obligations to which Canada is party.
Although revised, the American process still faces criticism it violates international legal and human rights standards.
But the majority opposition MPs on the subcommittee declared the Canadian justice system has the power to hold Khadr accountable for terrorism offences allegedly committed in Afghanistan.
After hearing from 18 witnesses in six hearings, the subcommittee will ask the government to:
Demand an immediate end of military commission proceedings against Khadr.
Formally object to the U.S. government's declaration it reserves the right to detain Khadr as an "enemy combatant" even if he is acquitted or if proceedings are halted.
Demand Khadr's release from U.S. custody into the custody of Canadian law enforcement "as soon as practical."
Ask the federal director of public prosecutions to investigate and, "if warranted," prosecute Khadr for offences under Canadian law.
Take any measures necessary to ensure possible security concerns upon his return are addressed.
Take "appropriate measures" to rehabilitate and reintegrate Khadr consistent with Canada's international obligations to deal with child soldiers, and consistent with Canadian law.
Ensure any rehab program for Khadr places judicially enforceable conditions on him "to the extent necessary."
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