amr200012010en.pdf - amnesty international Supreme Court of...

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AI Index: AMR 20/001/2010 Amnesty International 29 January 2010 amnesty international Supreme Court of Canada rules that Canadian authorities violated Omar Khadr ’s rights; fails to order effective remedy 29 January 2010 AI Index: AMR 20/001/2010 Amnesty International is renewing its appeal to the government of Canada to actively and vigorously seek the repatriation of Omar Khadr, the Canadian national in his eighth year in US military custody at Guantánamo. Taken into custody in Afghanistan in 2002 when he was 15 years old, Omar Khadr is now 23. He has been subjected to torture or other cruel, inhuman or degrading treatment during his time in US custody, and continues to face unfair trial by military commission for crimes he is alleged to have committed when he was still a child. The Supreme Court of Canada today u nanimously ruled that Omar Khadr’s human rights had been violated when Canadian officials in 2003 and 2004 participated in his unlawful treatment in Guantánamo. The Court held that Canada actively participated in a process contrary to its international human rights obligations and contributed to Khadr ’s ongoing detention so as to deprive him of his right to liberty and security of the person. While acknowledging that the USA is the primary source of his deprivation of liberty, the Court held that it was reasonable to infer from the uncontradicted evidence before it that the statements taken by Canadian officials are contributing to his continued detention. The Court held that deprivation of Khadr’s right to liberty and security of the person is not in accordance with the principles of fundamental justice, as the interrogation of a youth detained without access to counsel, to elicit statements about serious criminal charges while knowing that the youth had been subjected to sleep deprivation and while knowing that the fruits of the interrogations would be shared with the prosecutors, offended the most basic Canadian standards about the treatment of detained youth suspects. Omar Khadr was entitled to a remedy, the Supreme Court ruled. Regrettably, however, it reversed the order the lower courts had made that would have required the government to seek his repatriation (see background below). Instead, the Supreme Court decided that the appropriate remedy in this case was simply a judicial declaration that Omar Khad r’s rights under the Canadian Charter of Rights and Fr eedoms had been violated. Deferring to the “constitutional responsibility of the executive to make decisions on matters of foreign affairs in the context of complex and ever-changing circumstances, taking into account Canada’s broader national interests“ , the Supreme Court concluded that it should be left to the government to decide how best to respond to this judgment in light of current information, its responsibility over foreign affairs, and in conf ormity with the Charter.” While the USA bears primary responsibility for bringing Omar Khadr’s treatment into compliance with
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  • Fall '14
  • Mr.Fairwe
  • Biology, RNA, Omar Khadr, Omar Ahmed Khadr

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