UPDATED: Nothing To See Here

Of course not. Of course not.






UPDATE: Who you gonna believe? Surely not Trump's personal lawyer, Jay Sekulow.

Wading Through The Hysteria

About five years ago, I wrote a blog entry about a book that had a great impact on my understanding of the child soldier. Here is an excerpt from it:

I suppose I might feel differently about Omar Khadr if I hadn't read a particular book, A Long Way Gone, by Ishmael Beah. It provided indelible insights into both the realities of the child soldier's world and the possibilities of redemption and rehabilitation. It should be read by everyone who is quick to judge and condemn Khadr.

Now 31 years old, Beah, a very bright, articulate and talented writer effectively conveyed in his memoir the horror of his experiences as a child soldier, conscripted into the army at the age of 13 to fight the rebels in Sierra Leone, although the bloody, inhumane behaviour of each side made them virtually impossible to distinguish.

I suspect it is the kind of world that Kadhr is very familiar with, uprooted as he was from Canada by his fanatical father at a young age and moved to Pakistan and Afghanistan to become part of Al Qaeda’s jihad against the West.

Facts and research are probably our strongest weapons against the hysterical and the politically opportunistic. And the facts surrounding the Omar Khadr compensation for the violation of his Charter Rights while incarcerated in Guantanamo are readily available.

In discussing the outrage emanating from some quarters about Khadr, the Star's Shree Paradkar writes:

When it became known last week that Canada was to issue an apology worth $10.5 million to former Guantanamo Bay prisoner Omar Khadr, a Canadian, it came to many as a no-brainer.

After all, it aligned with Canadian values of freedom, ethics and social justice.

Morality aside, it wasn’t as if the government had a choice.

The Supreme Court of Canada ruled in favour of Khadr three times after his lawyers took the case to court, and in 2010 had unequivocally stated that Canadian officials had violated Khadr’s human rights under the Charter and that his treatment “offends the most basic Canadian standards about the treatment of detained youth suspects.”

There was no chance of the government winning the $20 million civil suit Khadr’s lawyers had launched in 2004.

She goes on to us remind of some of the facts of Khadr's life:

It didn’t seem possible that any Canadians would look askance at making reparations with a man whose life has been shaped by repeated betrayals: his father Al-Qaeda fundraiser Ahmed Said Khadr who took him, an 8-year-old boy to Afghanistan and Pakistan, his mother Maha Elsamnah who supported this, the American military who instead of treating him as a child soldier (he was 15 when captured), detained, tortured and subjected him to an unfair trial, and Canada that — under Jean Chretien and Paul Martin’s Liberals and Harper’s Conservatives — abandoned him in the illegal hellhole that is Guantanamo Bay.

The Star's Michelle Shepherd, who wrote Guantanimo's Child and co-directed a documentary with the same title, can be considered an expert on the case. In today's Star, she also reminds us of some facts that the rabid right chooses to ignore:

... the main claim in Khadr’s $20-million civil suit is that Canadian officials violated his rights when they interrogated him in Guantanamo in 2003 and 2004, knowing he was a minor, without legal representation and had been subjected to torture.

A unanimous Supreme Court ruling in 2010 said they had.

The firefight in which U.S. soldier and medic Speer was killed, perhaps by Khadr or perhaps by someone else, is not the issue, but there are some interesting facts surrounding it:

Medics (unarmed civilians) have always been considered “protected persons” in conflict. Since the drafting of the Geneva Conventions, killing a medic is punishable as a war crime. But that is not what the Pentagon considered Speer. [Indeed, he was a decorated soldier and the medic on his elite Delta Force team.] And it was not what Khadr was prosecuted for.

Khadr was charged under the Military Commissions Act, drafted by the U.S. after the Sept. 11, 2001, attacks, which introduced an offence called “murder in violation of the laws of war.” Despite the deaths of thousands of U.S. service members in Iraq and Afghanistan, Khadr remains the only captive charged with killing a soldier.

Also writing in the Star, Azeezah Kanji says,

It is “absolutely wrong” that the U.S. re-wrote the laws of war at Guantanamo to retroactively criminalize its enemies: a laws of war of international law, which forbids prosecuting people for criminal offences invented after the fact. Khadr was charged as a war criminal for allegedly killing American soldier Christopher Speer — but killing an enemy soldier in combat is not a war crime. Under the international laws of armed conflict, soldiers can be killed because they are allowed to kill.

Khadr was accorded all the vulnerabilities of being a soldier, but none of the privileges. As senior officials in the Obama administration pointed out at the time, if Omar Khadr could be convicted of war crimes for “murdering” Sgt. Speer, then so could the CIA for its drone operations in countries such as Pakistan. But this was victor’s justice, meted out only against the vanquished.

And here is one more fact that the ideologues, ranters and opportunists choose to ignore but bears repeating:

Canada’s compensation to Khadr is not an act of largesse; the Supreme Court of Canada has repeatedly found that Canada violated Khadr’s rights, and the UN Convention Against Torture obliges states to provide recompense to victims of abuse. (The convention also requires states to prosecute officials complicit in torture, which Canada has so far failed to do.)

None of this will likely make any difference to those who see Omar Khadr as some kind of demon, but for the rest of us, i.e. those who seek to develop informed opinions rather than indulge in mindless screeds, these facts are really the heart of the matter.

Oh, And Another Thing

This letter from today's Star is a fitting response to all of the snarling and foaming coming from the mouth of newly-installed Conservative leader Andrew Scheer over the apology and compensation given to Omar Khadr by the Canadian government.

Re: Ottawa apologizes for violating Khadr’s rights, July 8

I read in today’s Star that Conservative Leader Andrew Scheer says Canadians are “shocked” by the Khadr settlement, which included an apology from the government and compensation of $10.5 million.

Scheer does not speak for me. This settlement was long overdue and much deserved. I, and most other Canadians, applaud it.

What shocked me was that the U.S. could assert the right to imprison in Guantanamo a child who was essentially a prisoner of war.

What shocked me was that successive Canadian governments, both Liberal and Conservative, failed to repatriate from Guantanamo that Canadian child citizen. Is Canadian citizenship of so little value that our government will refuse to go to the boards for its citizens?

What shocked me was that Canadian CSIS officials took advantage of the travesty of justice in Guantanamo and participated in those interrogations. But the Supreme Court of Canada has already ruled that this violated Khadr’s Charter rights.

What shocks me now is the insensitivity, inhumanity and complete disregard for the law shown by Scheer in a crass effort to make political hay.

Shame on you, Andrew Scheer!

Jack Coop, Toronto

Facts Are Facts

Despite the impotent snorting and sputtering of the likes of Andrew Sheer and his fellow travellers, the facts about the apology and compensation awarded to Omar Khadr speak for themselves.

In today's Star, Adriel Weaver writes the following, which I am reproducing in toto.

Why we should embrace the Khadr settlement
Toronto Star 9 Jul 2017

ADRIEL WEAVER

Adriel Weaver (Goldblatt Partners LLP) on behalf of the Canadian Civil Liberties Association (CCLA). Adriel served as counsel to CCLA in the 2010 Supreme Court Khadr case.

The Canadian government’s recent announcement that it would issue an apology and compensation to Omar Khadr has given rise to considerable controversy.

Much of the discussion and debate has focused on the question of what Khadr did or didn’t do. But while it’s easy to get caught up in arguments about Khadr’s own actions, which may never be fully resolved, we cannot afford to lose sight of the issue at the heart of the settlement: what Canadian officials did — and failed to do. There, the facts are clear. On several occasions in 2003 and 2004, Canadian officials interrogated Khadr at Guantanamo Bay. On one occasion, they did so knowing that he had been subjected to the “frequent flyer program” — three weeks of scheduled sleep deprivation designed to make detainees more compliant and break down their resistance to interrogation. They then shared the fruits of those interrogations with U.S. prosecutors.

There is no question that at the time these interrogations were conducted, the regime governing Khadr’s detention and prosecution was illegal under U.S. and international law. There is equally no question that by participating in that regime, Canadian officials violated Canada’s international human rights obligations and Khadr’s charter rights.

Those are the facts as found by the Supreme Court of Canada more than seven years ago. Yet even in the face of those findings, the government of Canada refused to seek Khadr’s repatriation and instead fought his return.

And while we like to think of Canada as a champion of human rights, it’s worth noting that every other Western democracy not only sought, but secured the return of its citizens held in Guantanamo Bay to their own countries. Canada alone failed to do so.
It’s a legal truism that a right without a remedy is no right at all. The Canadian Civil Liberties Association welcomes the settlement as a necessary step if Canada wishes to maintain that it values, upholds and adheres to its own laws.

The settlement not only compensates Khadr for the profound abuses and rights violations he endured, but also affirms Canada’s obligation to defend and promote human rights, and to take meaningful steps to admit and redress past wrongs.

As many have pointed out, Khadr is not the only person to have suffered gross human rights violations in which the Canadian government was at the very least complicit. This is all the more reason to embrace the settlement. The apology and compensation extended to Khadr are a hopeful sign of the government’s growing willingness to acknowledge and make amends for the historic injustices it has caused and contributed to.

Those efforts must continue.

There are those who choose to ignore facts that don't agree with their philosophy and worldview. Clearly, it is time for them to grow up.

We All Have An 'Opinion'

In a democracy, it is hardly expected that we will all be of one accord on anything. Opinion and debate are the lifeblood of a healthy and free society. The problem arises, of course, when the debate is fueled, not by reason and facts, but by rancour and misinformation. Such perhaps is the price to be paid in the name of egalitarianism.

In her column today, Susan Delacourt discuses the flurry of opinion prompted by the Omar Kadhr settlement.

....the widely different views on Khadr were also an apt illustration of something not so constructive in 21st-century politics: polarization, and the increasing tendency of political partisans to divide the world into black-and-white, good-versus-evil teams.

The more that politics gets polarized, needless to say, the less we talk about finding middle ground or brokerage roles for political parties. We also don’t think much about changing minds or opinions.

This phenomenon of polarization and absolutism has, of course, been aided and abetted by the platform that social media provide for anyone with an opinion. Unfiltered and unrestrained by the conventions that sometimes make for balance in the MSM, one can snort and vent and pontificate on virtually any topic, secure in the knowledge that fellow travellers and purveyors of ignorance are but a mouse click away. Affirmation of even the most diseased views readily abound.

Polarized political people don’t debate to persuade the other side; they argue to prove who’s louder or more right.

Delacourt offers a better way, something well-worth consideration:

I was curious to see this week whether anyone did have a change of mind about Khadr after hearing the news of the potential $10-million payout. It seemed like a good case study for where journalism fits when political issues separate the public into sharply, passionately divided camps.

The good news, at least as I see it for my business, is that some journalism did make a difference this week amid the cacophony of opinion about Khadr.

I asked on my Facebook page whether anyone had changed his or her opinion about the settlement — for or against — because of something they’d read or seen in the media.

I got a lot of response: some of it privately, some of it posted on the Facebook page. Some people wanted to vent outrage; others told me that further information really had made a difference.

Generally, the extra information turned opponents of the Khadr settlement into supporters: maybe grudging supporters, but supporters nonetheless.

Some cited the work that’s been done by the Star’s own Michelle Shephard, author of the book on Khadr, Guantanamo’s Child, and part of the journalistic team behind the documentary of the same name.

The director of the Canadian Taxpayers Federation, Aaron Wudrick, made this telling observation:

Wudrick told me that people’s views seemed to be influenced by which part of the story they were focused on: Khadr’s experience in Afghanistan or his life in prison and the courts afterward.

Delacourt draws a very interesting conclusion from this entire experience:

In all, this small glimpse into a highly polarized debate in Canada this week persuaded me that we political journalists may want to tell more stories about how and when people change their minds. Rather than seeing endless panels on TV, with people expressing their strong opinions on some political development or another, what about having people talking about how their opinions changed?

Yet another example of the vital role conventional media still play in the health of a democracy.

Let Him Get On With His Life

Whenever I see Omar Khadr, I never fail to be impressed by his thoughtful reflectiveness. Despite the fact that there is a rabid element in Canada that will never see him as anything more than a terrorist, those with the ability to assess him critically and understand how his rights as a Canadian citizen were grossly violated during his time in Guantanamo will agree that it is time to let him get on with his life.

This CBC interview with Khadr deserves to be widely seen. The first two are clips from Rosemary Barton's interview with him. The third is the full interview. Even if you don't have much time, at least watch one of them:

A Timely Reminder

George Carlin died in 2008, but the following could have been performed last night. Although some of the language is coarse, it somehow seems entirely appropriate: