Amicus Curiae Sen. Badinter
Par Larbi le jeudi, juillet 17 2008, 00:05 - Lien permanent
- “Omar Khadr, as a child soldier, is a victim.”
- “This trial, against Khadr, if it were to go forward, would be the very first time a judge would preside over the war crimes trial of a former child soldier.”
- “Arrested in Afghanistan in 2002, detained for over five years at Guantanamo Bay, Omar Khadr has endured the kind of cruel, inhumane and degrading treatment that the world condemns.”
- “As a Canadian citizen, and a minor at the time of his alleged crimes, Omar Khadr should be adjudicated in a Canadian juvenile court. Compelled to appear before an extraordinary military commission convened by the United States to prosecute foreign terrorists, Khadr will be deprived of the protections guaranteed by the international treaties to which the United States itself is a party.”
Amicus Curiae Brief in Support of Respondent Omar Khadr:
By Sen. Robert Badinter,
Minister of Justice, the Republic of France 1981-1986
Chief Justice of the Constitutional Court, the Republic of France 1986-1992
Professor emeritus University of Paris 1, Panthéon-Sorbonne
French abstract By Le Monde:
Commentaires
j'ai vu hier une vidéo de son interrogatoire à Guantanamo, pleurant désespérément et implorant de l'aide... et montrant des séquelles sur le dos, probablement dues à la torture !
C'est d'une iniquité infernale que de séquestrer un enfant, mais je me demande pourquoi les canadiens ferment leur gueule sur cette affaire ???
http://www.youtube.com/watch?v=aQHF...
c'est une vidéo d'interrogatoire et voici un extrait des commentaires:
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Sheesh. If they didn't hate America or Canada before, they will now.
Why was he held? Where was he captured or found? Why is the military out of our control? (Probably because we weakened the 2nd Amendment...)
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How can this possibly be my country?
this is not how justice works, nor is it effective in the long term.
Qu'il le condamne s'ils veulent, mais qu'on en finisse avec ce simulacre de procès. Quels cons ces gens là !
Mais quand est-ce que le monde se débarrassera enfin de ce "trou noir" des droits de l'Homme que constitue Guantanamo ?!
La marocaine, le diplomate, le film et la justice suisse
Menaçant de diffuser les images pornographiques filmées entre elles et un diplomate du Moyen Orient vivant en Suisse, les deux jeunes marocaines ont demandé au plaignant 50.000 FS (environ 350.000 dhs).
Palais de justice de Genève
Selon le Reporter, celle des deux jeunes marocaines, âgée de 27 ans, a prétendu devant la justice suisse qu'il aimait le diplomate qui lui a promis le mariage, promesse non tenue.
La relation a engendré un accouchement avorté dont elle demande indemnisation par le versement de la somme sujet de la plainte.
La jeune dame a reconnu que le film pornographique a été fait à la demande du plaignant, par le biais de la seconde jeune marocaine, âgée de 25 ans.
Dans cette affaire, deux complices présumés sont concernés, dont un soudanais entendu et relâché par la police suisse, le second est toujours recherché.
Marouki, bonne question. Si le père, Ahmed Said Khadr, avait été libéré de la prison pakistanaise (du temps de Benazir Bhuto) sous pression de l'ex premier ministre canadien (Jean Chrétien), il semble que les autorités et surtout le contre-espionnage (fanfarons à l'extrême) aient décidé de ne pas prendre la défense du jeune Khadr. Un autre frère Khadr a parlé et a pu être libéré. Un autre est paralysé.
Ce qui arrive est grave car les politiques ne devraient jamais se mêler de justice. En se taisant, en jouant le jeu du zèle extrême dans le cas des services du contre-espionnage, le Canada lâche ses citoyens.
Le jeune Khadr était mineur et donc méritait un meilleur traitement.
Une lettre ouverte parue dans le Globe and Mail du 14 juillet 2008
Prime Minister Harper is complicit in this injustice
ED BROADBENT AND ALEX NEVE
From Tuesday's Globe and Mail
July 14, 2008 at 9:11 PM EDT
The first obligation of a prime minister is to protect the security and liberties of his citizens. Prime Minister Stephen Harper has been willing to apologize for the past wrongs of other governments. But he admits no wrongdoing by his own. His refusal to act to protect the basic rights of Omar Khadr is a serious betrayal of our trust.
In terms of Canadian and international human-rights law – indeed, by the standards of the U.S. Bill of Rights – what Mr. Khadr is being subjected to by the U.S. military commission at Guantanamo Bay is a travesty of justice. Mr. Harper is now complicit. In 2002, when Omar Khadr was 15 years old, he was involved in a battle with U.S. forces in Afghanistan. Although he was badly injured himself and almost killed, it is alleged that during this battle, he threw a grenade that killed a U.S. soldier. Maybe he did. Maybe he didn't. That is precisely what appropriate and impartial legal procedures are established to determine.
The treatment of Mr. Khadr and hundreds of others at Guantanamo is now known worldwide as an abomination. On three separate occasions, the U.S. Supreme Court has ruled that the detention regime in place there violates the U.S. Constitution. United Nations human-rights experts have said the same with respect to international legal standards. Barack Obama, Hillary Clinton and John McCain have all called for Guantanamo to be shut down. In 2005, a Canadian federal court concluded that “conditions at Guantanamo Bay do not meet Charter standards.”
Canada stands alone as the only developed democracy with one of its citizens still being held at Guantanamo. Britain and Australia intervened successfully on behalf of their nationals. Not only did two previous Liberal prime ministers refuse to act to protect Mr. Khadr, we learned last week that as far back as 2003, Canadian officials knew firsthand about some of the torture and ill-treatment he was subjected to as a boy of 16. Knowing this, the same officials simply stated that they had received assurances from U.S. officials that he was being well treated. Is this not complicity? And if it was complicity then, how should we describe Mr. Harper's response to this new information? Instead of intervening now, he says these were the actions of a previous government and that justice is running its course.
As a child soldier, the young Omar Khadr should have received the protection of international law, which Canada played a leading role in drafting. Instead of being tried in U.S. military courts, he merited protection and rehabilitation. International law has normally seen child soldiers as victims, not as criminals. The UN Special Representative for Children in Armed Conflict has warned against the precedent the Khadr case may set in prosecuting individuals as war criminals for acts they committed as children.
Instead of intervening, Canada's political leadership just allowed the process to unfold. Last week, we learned about Mr. Khadr's subjection over a three-week period to constant and extensive sleep deprivation, among other abuses to soften him up for interrogation by CSIS and Foreign Affairs officials. Painful and degrading mistreatment – yes, including torture – have been the now well-documented legacy of Guantanamo Bay. Common decency, as well as political responsibility, should be compelling Mr. Harper to act.
The lamest of all excuses by our government is that Canadian involvement now would be inappropriate because the serious accusations against Mr. Khadr allow no other possible legal option than to continue with this unjust process. This claim is false. Many proposals have been made by legal experts, welfare spokespersons and human-rights organizations.
What is needed is a legal procedure that excludes information obtained under torture and reaches its conclusions on the basis of rigorously examined evidence. It is quite possible that such a process here in Canada might conclude with neither a conviction nor a recommended punishment. Legal proceedings here might propose a comprehensive program that would rehabilitate and reintegrate Mr. Khadr into Canadian society, while reassuring his fellow citizens.
Instead of passively and complicitly accepting the internationally discredited Guantanamo Bay “justice,” Mr. Harper should intervene. In recent times, Canadian governments, including that of Mr. Harper, have acknowledged grievous wrongs done by governments to our indigenous peoples and Canadians of Japanese origin. These apologies were in order. The real test for governments, however, is not how they deal with the actions of others in the past but how they respond to grave threats in their own time and on their own watch. Now is that time, Mr. Harper.
Ed Broadbent is the founding president of Rights and Democracy, and Alex Neve is the secretary-general of Amnesty International Canada
Recommend this article? 74 votes
What's this shit about human rights and amnesty and so on... This stupid kid is killer period... He needs to have his nuts cutt off and sent home maybe his testosterone mujaheed ladden body of Talibani ideology will decrease his propensity to hate non-beleivers.
hamid> may i invite you to check http://video.google.fr/videoplay?do...
sorry but there is no ben laden no mujaheed, only CIA that create that kind of shit, open up , wake up.
Ice-shit,
There is no point in connecting the usual critical analysis of the US defense forces and the Pentagon with the case of this stupid kid. There is no connection and nothing to wake up to, it is as if someone is blind or unaware of the goals of US defense department. I am very critical myself about the history of the US army and the department of defense. There is no doubt about the long history of human rights abuse and outright miliatry interference in 3 world countries. I can name many. However, this blog is a case of a kid who joined willingly or forced by his tyranical community to join the Taliban in order to inflict pain and subdue and even kill anyone who does not believe in the word of Allah whether the people are women, Afghan, Tashtun, arab or non-muslims.
If he was a kid what was he doing in Afghanistan? Reading the koran on a dusty road or planting field puppies? I would chose Saudia Arabia if I was wanting to learn more about Islam and study it.
The crying thing is bullshit. Of course I feel sorry for him for being misled by his tyranical jihadist shit heads grown ups, but to connect his plight with the usual demonization of everything american military is bullshit and outright naive. His talibanis friends would shoot, rape and MUTILATE people at will. So do not give me your naive suggestion that CIA is the root of all evil and that I need to wake up. I have been awake from his kind of islamo-arab apologist propaganda for a long time.
hamid> so when i said that CIA is the root off all evil that was a naive suggestion ?, i see ,i remember that mjaheed had a war to win against urss and it was a time when USA support mujaheed and invite all muslims to join that" shit" ,now the child grow up .congratulations you'r far away from islamo-arab apologist propaganda but you still inside the ball.
Ico-shito >
I have no idea what you are talking about. The CIA stuff is a non-issue, I am not even sure why you keep telling people about it, as if people do not know about it. Do you think that people are that stupid and ignorant? You always seem to suggest it is the fault of the US administration, blame blame blame. I can also blame the whole thing on Russia for invading Afghanistan in 1979. Isn't this the real reason? Of course it is bullshit because it does not explain the actual situation, the talibani shit head ideology, the jihadist screwed up mentality.
Nobody (including me ) is going to deny that the CIA was involved in creating the shit heads fundamentalists in Afghanistan. So what? CIA or the US government was involved because it wanted to defeat the mighty Russian army, it was the cold war. You seem to blame the US military to helping the the same people you are trying to defend, the poor child soldier from Canada. I found that incredibly contradictory.
If these shit heads talibani and screwed up salafists fuck head had tried to built a just society as they saw fit or as the Koran or Mohamed told them to, we would not have these problems, instead they wanted to go to war and the war had come to them. They went on destroying the Afghanistan social, cultural, education and economic infrastrutures that the previous government has left. In addition, it has become an army camp of delusional islamist fuck head waging war on the whole world and its infidels followers. It is a shame. You should stop using the pitiful self-righteous conclusion that the problem with islam is the US, CIA, pentagon. Aren't you sick and tired on using the conspiracy theories, blaming everything on someone else. There are even those of you who blame the 9/11 events on the Mossad. When are you and your followers going to admit that some of the shit that has been falling on your heads is partially due to your own screwed up dealings and on doings.
drop it !!you was never been an afganistani or iraki citizen.
http://www.lemonde.fr/archives/arti...
En agissant avec les mêmes méthodes de ceux qu'ils appellent "terroristes" ou "intégristes" , les américains créent les conditions d'une perpétuation des conflits inter-confessionnels entre l'occident et le monde arabe.
Le tout est un problème culturel, et jusqu'à présent je ne comprends pas pourquoi les Américains s'entêtent à imposer leur vision à tous les pays de la planète.
Il faut refuser ce néocolonialisme tout en changeant les méthodes de revendication des 2 cotés, autant chez les occidentaux que chez les "Arabes" dits intégristes.
L'exemple le plus frappant est celui du conflit israélo-arabe , il faut dépasser les considérations raciales et confessionnelles pour créer un climat de paix.
Soyez soudés dans le monde arabe, et le combat de libération aboutira dans le dialogue et non par les armes.
Cet adolescent ne mérite pas cela, et les Etats-unis doivent répondre de leurs excès car les droits de l'homme ont toujours été l'essence de leur discours.