Omar Khadr’s US lawyer has petitioned the US Supreme Court to delay Mr. Khadr’s military trials, until the legality of the Military Commissions is determined. Mr. Khadr’s military trials are set to resume August 10th, 2010. His lawyer argues that the Military Commissions are unconstitutional and discriminatory because they apply only to non-citizens who receive lesser procedural and evidentiary protections than citizens receive in Federal Court.
CCLA renews its call for Canada to repatriate Omar Khadr. Canada has legal obligations in international law that require it to protect Omar Khadr’s rights. At this stage, CCLA believes the best way for Canada to protect Omar Khadr’s rights is to repatriate him.
CCLA agrees that the Military Commissions do not provide adequate legal protections. A discriminatory legal process is incompatible with the legal obligations of the International Covenant on Civil and Political Rights (ICCPR). Canada and the US have both ratified the ICCPR which guarantees equality, non-discrimination, access to justice, and due process.
Further, Canada and the US both have ratified and have legal obligations pursuant to the First Optional Protocol of the UN Convention of the Rights on the Child (“CRC”). Pursuant to the First Optional Protocol, Canada and the US are both legally obligated to protect individuals under 18 years of age because they are particularly vulnerable to conscription in armed conflict and hostilities; Omar Khadr was only 15 years-old when he was arrested in Afghanistan. Unlike the US, Canada has also ratified the CRC and must interpret its obligations under the Optional Protocol in light of the Convention which calls for the legal protection of minors and their due process rights. It is incompatible with the CRC, and with the First Optional Protocol, for Canada to condone the trial of a 15 year-old Canadian for alleged crimes committed during armed conflict and hostilities, and pursuant to a sub-standard legal process.
As a co-State Party to both the ICCPR and the First Optional Protocol, Canada would be upholding its legal obligations in pressing the United States to provide him with the protections of both treaties. But Canada can do more to protect Mr. Khadr’s rights. Canada must seek his repatriation.
