Bring Omar Khadr Home for Trial
Summary
* It is clear that Mr. [Omar Khadr] has been interrogated and probably tortured to provide at least part of the evidence that will be used against him. This would constitute a gross violation of Sec. 7 of the Charter, guaranteeing liberty and the right "not to be deprived thereof" except in accordance with principles of fundamental justice.
* Those same principles of fundamental justice require a fair trial before an impartial tribunal. There are obvious questions whether the military tribunal before which the Khadr trial is to take place could be regarded as free of bias. This principle is reinforced in Sec. 11(d) of the Charter which requires "a fair and public hearing by an independent and impartial tribunal." It seems unlikely that the trial of Mr. Khadr will be either fair or open to public scrutiny.* Sec. 11 of the Charter specifies that a person who is charged with an offence is entitled to be tried "within a reasonable time." There is no set formula to determine what constitutes a reasonable time. Delay caused by the accused himself is not to be taken into account. In the case of Mr. Khadr, the delay has been the fault only of the prosecution -- and the delay has been enormous.See the full content of this document
Extract
Bring Omar Khadr Home for Trial
By Charles Huband
IT would seem most Canadians have little sympathy for Omar Khadr, who continues to languish in prison at Guantanamo Bay. He is charged with some very serious offences, including murder, arising from an i...See the full content of this document
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